Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Batasan Hills, Quezon City

RECEIVED

TWENTIETH CONGRESS
First Regular Session

443

HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. ANTONIO L. TINIO
it Rep. RENEE LOUISE M. CO

THE MAGNA CARTA OF PRIVATE SCHOOL TEACHERS

EXPLANATORY NOTE

Since 1966, public school teachers have been protected by Republic Act 4670
or the Magna Carta for Public School Teachers, which lays down standards and
fundamental principles in their employment, salaries and benefits, and working
conditions, as well as some of teachers’ civil rights—all of which are enforceable
obligations which they can invoke against their employer, the government.

However, faculty in private schools have no similar statute, no labor standards
law to call their own. As teachers in both public and private sectors have comparable
if not the same functions and duties, and endure comparable if not the same hardships,
there is no reason at all for teachers in the private sector to be placed in unequal—
most often unfavorable—footing compared to public school teachers. With respect to
basic economic and political rights, the 1987 Philippine Constitution, labor standards
and labor relations laws, and international law do not distinguish between public
school teachers and private school teachers.

There is Presidential Decree 442 or the Labor Code, but for private school
teachers, it has been watered down and even contravened in some parts as in the case
of the unconscionably long probationary periods. ‘The period amounting to three years
allowed through mere administrative issuance of agencies like the Department of
Education and the Commission on Higher Education, despite the lack of authority
from the text and spirit of the Labor Code, which provides that probation for
employees in the private sector shall not be longer than six months. This situation has
caused the contractualization of thousands of teachers for decades—the practically
neverending “endo” of teaching personnel.

PRESS

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‘The struggles of public school teachers for just and decent salaries and benefits,

humane working conditions, and respect for their professional and political rights are
the same struggles waged by, and together with, private school teachers. This bill
proposes that these struggles be addressed by law, by a Magna Carta for Private
School Teachers that mirrors the Magna Carta for Public School Teachers.

Some of the salient provisions of this measure are:

1. standards in employment including criteria in the setting of salaries, which,
among others, should not be less than the entry-level salaries of public
school teachers; minimum qualifications; and parameters in tenure and
status as part-time, full-time, and probationary;

2. monetary benefits and leave benefits;

3. health measures and injury benefits including the assurance of social
security benefits pursuant to existing labor standards or higher than the
same, either through employers’ policy or agreement with teachers’
organizations or unions;

4. basic trade union and political rights such as the right to self-organization
including a prohibition of discrimination against teachers on the basis of
political belief or affiliation; and

5. penalties and other liabilities for violation of any rights of private school
teachers.

For the foregoing reasons, approval of this bill is earnestly sought.

—
TONIO L. TINIO Rep. REI OUISE M. CO
ACT Teachers Party-List KAB IN Party-List


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Batasan Hills, Quezon City

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 443

Introduced by
ACT Teachers Party-List Rep. ANTONIO L. TINIO
and KABATAAN Party-List Rep. RENEE LOUISE M. CO

THE MAGNA CARTA OF PRIVATE SCHOOL TEACHERS

Be it enacted in the Senate and the House of Representatives of the Philippines in
Congress assembled:

A. General Provisions

SECTION 1. Declaration of Policy. Itis hereby declared to be the policy of the State
to promote and improve the social and economic status of private school teachers,
their living and working conditions, their terms of employment and career prospects in
orders that they may compare favorably with existing opportunities in other walks of
life, attract and retain in the teaching profession more people with the proper
qualifications, it being recognized that teachers in private schools play a vital role in
the delivery of education to Filipino children.

SEC. 2. Guiding Principles. In matters involving the rights and welfare of private
school teachers, the following are the guiding principles:

a) Education is a vital function of society and as such, shall be given due
recognition and support by the government.

b) Teachers play an essential role in inculcating upon pupils and students respect
for human rights and for fundamental freedoms and in the total development of
a human personality and of the nation as a whole. It is important, therefore,
that their own civil, political, and socio-economic rights shall be respected,
protected, and fulfilled.


c) Teachers comprise the largest group of professional and service workers of
society and, if united, can be potent agents of progressive reform in the
educational system and the nation as a whole.

d) Working conditions for teachers should be such as will best promote effective
teaching, research, and extension work to enable them to carry out their
professional tasks.

¢) Alll aspects of employment and tenure of teachers shall be free from any form
of discrimination of grounds of sex, gender, civil status, religion, political
belief or affiliation, economic condition, or membership in any organization.

f) Faculty organizations shall be recognized as a force which can contribute
greatly to the advancement of the rights and welfare of teachers. Therefore,
their right to participate in the determination of education and personnel
policies, shall be fully respected.

g) Teachers have the capacity to propagate a nationalist and scientific education,

SEC. 3. Construction in Favor of Teachers. All doubts in the implementation and
interpretation of the provisions of this Act including its implementing rules and
regulations shall be resolved in favor of teachers.

SEC. 4. Definition. As used in this Act, “teacher” shall mean all persons engaged in
classroom teaching in any level of instruction on full-time or part-time basis.

B. Recruitment and Career

SEC. 5. Minimum Qualifications of a Private School Teacher. Teaching personnel
in pre-school, elementary and secondary level of basic education in all private schools
must possess professional teaching licenses. For basic education, those who have not
passed the Licensure Examination for Teachers (LET) but have pre-LET required
Education units may be hired, Provided, that they shall be given at least three years
from the date of hiring, or from the effectivity of this Act in cases of teachers already
hired, to take and pass the LET. Furthermore, a master’s degree in teaching,
education, pedagogy and other similar, related, or allied disciplines shall deemed an
equivalent of a professional teaching license for purposes of this Section.

For all levels of instruction, the following shall constitute the minimum
educational qualifications for teacher-applicants:

a) Pre-school and elementary - Bachelor's degree in elementary education or its
equivalent. Pre-school teachers shall have at least six units of professional
subjects relating to pre-primary education.

b) Secondary, for Academic subjects - Bachelor’s degrees in secondary education


or its equivalent or Bachelor of Arts or Science degree or its equivalent with at
least eighteen professional units in education.

c) Secondary Vocational and Two-Year Technical Cours: Bachelor’s degrees
in the field of specialization with at least eighteen professional units in
education.

d) Collegiate Level other than Vocational - Master’s degrees with a specific area
of specialization or a specialization in an allied discipline except when there is
a lack of applicants with Master’s Degree in which case a bachelor’s degree in
specific area of specialization or a specialization in an allied discipline will
suffice subject to regulations which the CHED will impose. Other equivalent
professional experience, especially for practitioners of skills related to an area
of specialization or an allied discipline, shall also be deemed as equivalent of
the degree requirement for the purpose of hiring college teachers, subject to
reasonable regulations which the CHED may impose.

©) Graduate School Level - Doctor of Philosophy with a specific area of
specialization except when there is a lack of applicants with PhD, in which
case, a master’s degree in specific area of specialization will suffice subject to
reasobale regulations which the CHED may impose. Furthermore, other
equivalent professional experience, especially for practitioners of skills related
to an area of specialization or an allied discipline, shall be deemed equivalent
of the degree requirement for the purpose of hiring graduate level teachers in
certain instances, subject to reasonable regulations which the CHED may
impose.

No provision of this Act may be used as basis for diminution of pay or benefits,
demotion in rank or status, or dismissal of non-holders of professional teaching
license or its equivalent.

SEC. 6. Tenure/Permanency and Full-time/Part-time Status. As in public schools,
when recruitment takes place after adequate training and professional preparation in
any school recognized by the Government, the teachers shall be considered tenured
upon hiring, provided that the conditions of hiring are strictly related to professional
competence and the pertinent degree requirement/s have been complied with. For
basic education, teachers and non-Education graduates who have pre-LET required
education units, but have yet to take or have yet to pass the LET, shall be deemed as
tenured upon satisfying the LET requirement or its equivalent at any time within the
three-year period from the date of hiring. For tertiary education and graduate level,
teachers who are hired on a full-time basis are considered tenured upon hiring.

Part-time teachers who have rendered at least one school year, two semesters,
or three trimesters of service, be it consecutive or not, shall have the right to signify
their intention to the school authorities to become a full-time, and hence, a permanent
teacher.


For basic education, all teachers shall be hired on a full-time basis. Vocational
schools and senior high schools can choose to hire some part-time teachers, especially
practitioners of specific skills or full-time college teachers, for specific instances,
subject to DepEd’s regulations.

For tertiary education, the full-time to part-time teacher ratio shall be 7:3.

SEC. 7. Teachers on Probationary Period. When recruitment takes place after
adequate training and professional preparation in any school recognized by the
government, no probationary period preceding regular appointment shall be imposed
if the teacher possesses the appropriate civil service eligibility: Provided, however,
That where, due to the exigencies of service, it is necessary to employ as teacher a
person who possesses the minimum educational qualifications herein above set forth
but lacks the appropriate civil service eligibility, such person shall be appointed on a
provisional status and shall undergo a period of probation for not less than one year
from and after the date of his or her provisional appointment: Provided, further, that
the salaries, benefits, and conditions of work of teachers hired under this section shall
be the same or not less favorable as that of an entry-level teacher.

For purposes of this act, “exigencies of service” refers to a situation where education
service is urgently needed and where any delay in its execution and delivery will
adversely affect the effective and efficient delivery of the service and its outcome. In
no case shall the exigencies of the service be invoked for any personnel action that
will result in diminution of rank, status, salaries, or benefits, or in any manner
prejudice a teacher.

SEC. 8. Security of Tenure. Teachers shall be assured of stability of employment and
security of tenure. No private school teacher shall be dismissed by the school except
for cause and the proper observance of due process.

SEC. 9. Consent for Transfer. Except for cause and as herein otherwise provided,
no teacher shall be transferred without their consent from one branch, station, or
campus to another. However, where the exigencies of the service require the transfer
of a teacher form one branch, station, or campus to another, such transfer may be
affected by the school administration only after notifying the teacher in writing with
regard to the reasons for the transfer, at least 90 days prior to the transfer. If the
teacher believes there is no justification for the transfer, he or she cannot be compelled
to transfer to any branch, station, or campus if such fact will result into additional
burden and expense on the part of the latter. Acceptance of notification and transfer
will only be valid if it is in writing and signed by the teacher.

SEC. 10. Discrimination against Teachers Prohibited. There shall be no
discrimination whatsoever in the entrance to the teaching profession or during its
exercise or in the termination of service based on consideration other than professional
qualifications.


SEC. 11. Advancement and Promotion of Teachers in Basic Education. Subject to
necessary qualifications, teachers shall be assured opportunities to move from one
type or classification to a higher level or rank.

Promotion shall be based on objective assessment of the teacher's
qualifications for the new post by reference to strictly professional criteria laid down
in consultation with teacher's organizations existing within the school. There shall be
transparency in the computation of teacher's evaluation which is composed of the
following criteria the respective weights of which shall be set upon consultation with
all stakeholders including teachers’ organization or union: self-evaluation, student
evaluation, peer/co-faculty and staff evaluation, and administration evaluation.

SEC. 12. Ranking of Faculty Members in Higher Education. Faculty members in
higher education shall be assigned academic ranks in accordance with their academic
training and scholarship. Criteria for ranking shall be performance-oriented and
determined in collaboration with the teachers” organizations. Teachers have the right
to choose what components shall bear more weight in their respective situations:
teaching/instruction, service/community engagement, and research/scholarship.

A new member of the faculty in the collegiate level shall begin as an instructor,
provided that there shall be opportunities for promotion to a higher rank upon hiring,
if such appointed designation is warranted by his experience, training and scholarship
credentials.

SEC. 13. Academic Freedom. Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with regard to teaching and
classroom methods. In particular, the concept of teachers’ academic freedom shall
consist of the following rights:

a) the teacher’s freedom in the exposition of his or her own subject and related
matters in the classroom or in speeches and publications;

b) the teacher’s freedom in the choice of subjects of research and investigation
undertaken on their own initiative;

©) the school authorities’ recognition that whenever the teacher is speaking ot
writing outside of their field of study, he or she shall be entitled to the same
responsibility as attached to all other citizens; and

d) the teachers’ right to choose textbooks and other references or supplementary
instructional materials he or she deems fit to his or her particular subject or

discipline.

C. Hours of Work, Remuneration, and Leaves


SEC. 14, Teaching Hours. Actual classroom teaching in basic education shall not be
more than six hours a day and shall be so scheduled as to give teachers time for the
preparation and correction of exercises and other work incidental to normal teaching
duties, Provided, however, that where the exigencies of the service so require,
teachers may be required to render more than six hours but not exceeding eight hours
of actual classroom teaching a day upon payment of additional compensation at the
same rate as his or her regular remuneration plus at least twenty five percent of the
basic pay.

For a faculty member in higher education, his or her regular full-time load shall
not be more than twelve hours per week with two preparations in line with the
teacher’s major subject except as otherwise provided herein. However, said teaching
load may be reduced in case a member of the faculty is occupied either in research,
creative writing, or other productive scholarship or is assigned to perform
administrative or committee work in which case the dean or director may recommend
the appropriate teaching load, Provided, however, that the total working hours spent
‘on both teaching and administrative or other duties shall not exceed fifteen hours per
week.

SEC. 15. Additional Compensation. Notwithstanding any provision of existing law
to the contrary, teachers may be given co-curricular and off-campus activities or any
other activities beyond their normal duties that will make them work longer than their
regular workload, Provided, that they shall be paid the regular compensation for the
actual hours worked plus an additional compensation of at least twenty five percent of
their regular remuneration.

SEC. 16. Hardship Allowances. In arcas where teachers are exposed to hardship
peculiar to the place of employment such as difficulty in commuting to the place of
work, conducting laboratory experiments, or other hazards, they shall be compensated
with special hardship allowance equivalent to at least twenty five percent of their
monthly salary. For laboratory subjects in college, the hardship allowance should be
automatically granted on a monthly basis.

SEC. 17. Criteria for Salaries. Teacher's salaries shall:

1. Reflect the importance to society of the teaching function and hence the
importance of teachers as well as the responsibilities of all kinds which fall
upon them from the time of their entry into the service;

2. Compare favorably with salaries paid in other occupations requiring similar or
equivalent qualifications, training, and abilities;

3. Provide teacher with the means to ensure a reasonable standard of life for
themselves and their families as well as to invest in further education or in the
pursuit of cultural activities, thus enhancing their professional qualification;


4. Take account of the fact that certain posts require higher qualifications and
experience and carry greater responsibilities;

5. Be paid regularly and on time;

6. Be reviewed periodically to take into action such factors as a rise in the cost of
living, increased productivity leading to higher standards of life, or a general
upward movement in wage or salary levels;

7. Not be less than the entry-level salary of that a public school teacher, in the
case of private school teachers with an entry-level rank.

SEC. 18. Salaries Paid on Monthly Basis, Salaries of teachers shall be paid on
monthly basis for a period of twelve months regardless of semestral or summer
vacations. For purposes of this Section, monthly basis shall mean that teachers shall
be considered paid for all the days of the month including rest days and holidays.
Teachers who are required to work during semestral or summer vacations shall be
paid an additional compensation pro rata.

SEC. 19. Annual Salary Adjustment. Salary scales of teachers shall be adjusted
upward annually, upon consultation with teachers’ organizations, to mitigate the
effects of inflation as measured by the consumer price index.

SEC. 20. Deductions Prohibited. No person shall make any deduction from the
salaries of teachers except under specific laws authorizing such deductions.

D. Leave and Retirement Benefits

SEC. 21. Sick Leave. Full-time teachers in basic education shall be entitled to an
annual sick leave with pay of fifteen working days. Part-time teachers in basic
education shall be entitled to sick leave with pay on pro-rated basis. Faculty members
in the collegiate level, whether full-time or part-time, shall enjoy sick leave with pay
of fifteen working days. Unused sick leave shall be accumulated to not more than
sixty days and converted to cash upon resignation or retirement of the teacher
concerned.

SEC. 22. Vacation Leave. Full-time teachers shall be entitled to an annual vacation
leave with full pay of fifteen days.

SEC. 23. Indefinite Leave. An indefinite sick leave of absence shall be granted to
teachers when the nature of the illness demands a long treatment that will exceed one
year at the least.

SEC. 24. Emergency Leave. \n case of calamities where a teacher becomes a victim,
or in the event of death in his or her immediate family, or any serious accident


befalling him or her or a dependent, he or she shall be entitled to an emergency leave
with pay of not exceeding five days per year.

SEC. 25. Study Leave and Sabbatical Leave. In addition to these leave privileges
now enjoyed by teachers in private schools, they shall be entitled to study leave not
exceeding one school year at any given year after five years of accumulated service,
consecutive, or not. During the period of such leave, the teachers shall be entitled to
100% of their monthly salary. All private school teachers are also entitled to avail of
a sabbatical leave—equivalent to a one-year leave—after every seven years of
accumulated service, consecutive or not. Sabbatical leaves can be postponed as per
the request of teachers. In all cases, the study leave and sabbatical leave period shall
be counted for seniority, promotion, and pension purposes.

SEC. 26. Other Leaves. Subject to the guidelines to be set by DepEd and CHED in
coordination with national teachers’ organizations, private school teachers shall also
be entitled to other forms of leaves including, but not limited to the following:
rehabilitation leave, bereavement leave, short-term vacation leave, and professional
leave.

E. Health Measures and Injury Benefits

SEC. 27. Medical Examination and Treatment. Compulsory medical examination
shall be provided free for all private school teachers before their employment and
annually thereafter.

Where medical examination shows that medical treatment and/or
hospitalization is necessary for infectious diseases or injuries suffered not only during
teaching or on-campus activities but also when engaged in school related activities
away from the school premises or off-campus, the same shall be provided free by the
school concerned. With regard to the aforementioned diseases or injuries, the school
should also shoulder 100% of professional fees for any treatment, medication, and/or
hospitalization required or recommended by medical professionals.

In regions where there is scarcity of medical facilities, teachers may obtain
elsewhere the necessary medical care with the right to be reimbursed for their
travelling expenses by the private school management concerned.

SEC. 28 Compensation for Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The effects of
the physical and nervous strain on the teacher's health shall be recognized as a
compensable disease in accordance with existing laws.

SEC. 29. Social Security. Social security benefits of teachers shall strictly be
pursuant to applicable laws including those administered by the Social Security
System. However, this shall be without prejudice to benefits higher than the standards
set by laws, either pursuant to policies set by school employers or pursuant to


agreements, including collective bargaining agreements entered by school employers
and teachers’ unions. School employers shall endeavor to formulate such policies and
agreements towards meeting the standards of social security set out in relevant
instruments of the International Labor Organization, in particular the Social Security
Convention of 1952.

SEC. 34. De Minimis Benefits. Private school teachers are also entitled to de
‘minimis benefits that include eyeglass allowance, rice allowance, clothing allowance,
wellness allowance, data packecommunications allowance, full HMO coverage for
the teacher and their spouse and their children (or parent/s from either side), and full
HMO coverage for single teachers and both parents. Schools are highly encouraged to
provide additional de minimis benefits, beyond those listed in this Section.

E. Teachers’ Organizations

SEC. 35. Freedom to Organize. Private school teachers shall have the right, freely
and without previous authorization, to establish and to join organizations of their
choosing, whether local or national, to further defend their economic, civil, or political
interests. Schools where there are no faculty organizations or unions shall allow the
formation of such organizations or unions, within six months of the implementation of
this Act.

SEC. 36. Discrimination Against Teachers Prohibited. \t shall be unlawful for any
person to commit any act of discrimination against teachers which are calculated:

a) To make the employment and/or promotion of the teacher subject to the
condition that he or she shall not join an organization, or shall relinquish
membership in an organization;

b) To cause the dismissal of, or otherwise prejudice a teacher by reason of
membership in an organization, activity outside school hours, or with the
consent of the proper school authorities within school hours; and

©) To prevent him or her from carrying out the duties imposed upon him or her by
his or her position in the organization, or to penalize him or her for an action
undertaken in that capacity.

SEC. 37. Participation in Policy Making. Teachers shall have the right to be actively
represented in the Governing Boards of their respective schools, colleges, and
universities and shall be consulted in the formulation of professional standards,
educational policies, and other rules affecting their rights and welfare.

SEC. 38, Strike, Picketing and Other Concerted Activities. The right of teachers and
their organizations to conduct strikes, pickets, and other concerted activities shall not
be impaired in any manner, nor their exercise prejudice any teacher or teachers’
organization.



F. Final Provisions

SEC. 39. Teaching of the Magna Carta of Private School Teachers. The teaching of
this Act shall be compulsory in all schools offering courses in education.

SEC. 40. Implementing Rules and Regulations. The Department of Education, the
Commission on Higher Education, and the Department of Labor and Employment, in
consultation with teachers’ organizations, shall jointly promulgate the rules and
regulations necessary to implement the provisions of this Act. Rules and regulations
issued pursuant to this Section shall take effect thirty days after publication in a
newspaper of general circulation or by such other means as the Secretaries deem
reasonably sufficient to give all concerned parties general notice of such issuance.

SEC. 41. Penal Provision. A person who willfully interferes with, restrains or
coerces any teacher in the exercise of his or her rights guaranteed by this Act or who
in any manner violates any provision of this Act or the rules duly issued hereunder
shall be punished with a fine of not less than one hundred thousand pesos or by
imprisonment of not more than six years, or both, in the discretion of the court.

This provision shall be without prejudice to the liabilities of persons under civil
laws.

SEC. 42. Administrative Sanctions. The implementing Rules and Regulations shall
include therein the appropriate rules for the imposition of administrative sanctions
upon private schools that will violate any of the foregoing rights of a private school
teacher.

SEC. 43. Repealing Clause. All laws, decrees, orders, rules and regulations, and
issuances or parts thereof inconsistent with this Act are hereby repealed or amended
accordingly.

SEC. 44. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provisions not affected thereby shall remain in force and
effect.

SEC. 45. Effectivity Clause. This act shall take effect fifteen (15) days after its

publication in the Official Gazette or in at least two newspaper of general circulation,
whichever comes earlier.

Approved,