Introduced by Senator M.A. Madrigal 
EXPLANATORY NOTE 
The total development of children into productive individuals and members of the society 
is primarily the responsibility of the parents. However, ensuring the general welfare of our 
people is the state’s primary concern. Thus whenever parents are forced to pass on the care of 
their children, the state must provide the means to ensure the continuity of, as well as sufficient 
and effective, parenting. One such measure provided by the state is the Day Care Service. 
A big load of responsibility in,childhood development falls on the shoulders of Day Care 
Worlters, the moment children are left in their care. Hence, we consider them “partners” of many 
parents in providing early education to our children. And though Day Care Workers are among 
the most hardworking and committed service providers to our preschool children, they are not 
given tlie security of teiiure, the salary and compensation due the service that they have rendered. 
Sadly, there is no law that protects the interest of one of our most important service 
providers. Until now Day Care Workers are oiily receiving a meager monthly allowance of P500 
as provided for by Republic Act 6972 or the Day Care Law, a measure that rationalized the 
establishment of Day Care Centers in every barangay. 
Having no security of tenure renders Day Care Worlters vulnerable to tlie whims and 
caprices of politicians. Such a situation can undoubtedly have an adverse effect on the quality of 
service that they give to our children. To put a stop to this incorrigible practice, the state should 
guarautee their security of tenure, and accord them compensation or salaries equivalent to their 
expertise and workload. 


The proposed measure seeks to promote, protect and improve the social and economic 
welfare of Day Care Workers. It also aims to professionalize the sector that provides substitute 
parenting to our children. Securing the welfare of our Day Care Workers means ensuring the 
quality of service that they render to our children. 
For this reason, the approval of this bill is sought. 


r[riik’riL!wUH CONGi3ESs 
) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
Introduced by Senator M.A. Madrigal 
AN ACT 
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
ussernbled: 
SECTION 1. Title. - This Act shall be lmown and cited as the “Magna Carta for Day Care 
Worlters”. 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to protect, 
promote and improve the social and economic status of day care workers. To this end, the State 
shall adopt policies that ivill protect the rights of day care worlters, and promote and improve 
their welfare. 
SECTION 3. Coverage. -. This Act shall cover all persons engaged in providing Early 
Childhood Development in government sponsored day care centers whose primary function is to 
assist in the care of the children and provide social development, education, and other needs of 
the children. 
SECTION 4. Qnalifications. - A day care worker must be of legal age, possesses a career sub- 
professional eligibility and must be trained in Early Childhood Care and Development. Provided, 
however, that the incumbent day care worker who has been serving for the last five (5) years 
upon approval of this Act and does not meet prescribed educational qualification standard shall 
not be disqualified; Provided, further, That such day care worker shall finish the day care worker 
training course provided by the Department of Social Welfare and Development (DSWD) within 
one (1) year of effectivity of this Act. 
SECTION 5. Recruitment. -A 
qualified day care worker shall file hidher application with the 
local government unit concerned. Under no circumstances shall an applicant for the position of 
day care worker be discriminated against on the basis of gender, religion, age, status, race, or 
political affiliation. 
SECTION 6. Sal?ry. -A 
day care worker shall receive a salary equivalent to 
Level 1 - 
High School level to below second year college and a length of service of at least five 
(5) years shall receive salary equivalent to salary grade 6; 
Level 2 - 
Second year college level shall receive salary equivalent to salary grade 8; and 
],eve1 3 - 
College graduate level shall receive salary equivalent to salary grade 10. 
SECTION 7. Working Honrs. - 
A day care worker is required to render eight (8) worlting 
hours a day or a total of forty (40) working hours a week; Provided, That the muilicipal social 
welfare officer may require a day care worker to render services beyond hidher required worlting 
hours during emergency situations such natural and man-made calamities. 


#.; '" 
t
i
 y [ON 8. itcltliiiorrnl Conipeu~salion and Allowances. - Day care workers shall be 
provided addirional compensation for services rendered beyond the required working hours. 
Day care workers assigned to hazardous places shall be given hazard pay. 
SECTION 9, Married Day Care Workers. - 
Whenever possible, married couples who are 
both day care workers shall be assigned in the same municipality or city. 
SECTION 10. Transfer and Tenwe. of Office. -No 
day care worker'shall be transferred from 
one center to another without hidher prior knowledge and/or consent. 
As provided under existing laws, no day care worker shall be terminated from work without due 
cause. 
SECTION 11. Leave Benefits. -As 
provided for in existing laws, a day care worlter is entitled 
to maternity/paternity, sick and vacation leaves. 
Day care workers with outstanding work performance based on evaluation may avail of study 
leave. 
SECTION 12. Free Medical Examination and Treatment. - 
Pre-employment and annual 
medical examinations shall be provided by government hospitals, free of charge, to all day care 
workers. Day care worlters snaring from work-related ailments shall be treated free of charge in 
government hospitals. 
SECTION 13. Insurance and Retirement Benefits, - Qualified day care workers shall 
automatically become members of the Government Service Insurance System (GSIS). 
Day care workers, having fulfilled the age service requirements of the applicable retirement 
laws, shall be given a one-step salary grade increase upon retirement which shall be the basis of 
computation of retirement pay and other retirement benefits, 
SECTION 14. Freedom to Organize. - 
Day care workers shall have the freedom to organize 
themselves without prior communication with the local government units to which they are 
assigned. 
Organizations of day care workers shall be consulted in the fornlu1,ation of national policies and 
programs that will benefit the sector. 
Under 110 circumstances shall any day care worker be dismissed on the basis of hisher 
memt3,ership in any organization of day care workers. 
SECTION 15. Code of Conduct for Day Care Workers. - 
Within six (6) months upon 
approval of this Act, the DSWD, in consultation with the national organization of day care 
workers, shall formulate a code of conduct for day care worlcer. Each day care worker shall be 
provided a copy of the code. 
SECTION 16. Snpport from Non-government Organizations: - Non-government 
organizations or private volunteer organizations are hereby encouraged to assist the government 
in the implementation of programs and projects for day care workers. 
SECTION 17. Implementing Rules and Regulations. -The 
Department of Interior and Local 
Government (DILG) and the DSWD, in consultation with the Civil Service Commission (CSC) 
and the national organization of day care workers shall formulate the rules and regulations 
necessary to implement the provisions of this Act within six (6) months of its effectivity. 
SECTION 18. Appropriations. - 
Salaries and other benefits of day care workers shall be 
charged to the local government units concerned. Training needs of day care worlcers shall be 
charged to the annual appropriations of the DSWD. 


GE,CTYOON 19. Penal Provision. - 
Any person who violates the provisions of this Act shall be 
punished with a fine of not less than Five Thousand Pesos (P5, 000.00) and/or imprisonment of 
not less than two (2) months but not more than one (1) year, or both at the discretion of the court. 
If the offender is a public official, he/she shall, in addition to the penalties stated above, be 
dismissed from government service. 
SECTION 20. Separability Clause. - If any provision of this Act is found to be 
unconstitutional, the remainder of this Act shall remain valid and subsisting. 
SECTION 21. Repealing Clause. - All laws, decrees, executive orders, and rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
SECTION 22. Effectivity. - 
This Act shall take effect fifteen (15) days after its publication in 
the Official Gazette or in any newspaper of general circulation. 
Approved,