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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 442

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

THE MAGNA CARTA OF PUBLIC SCHOOL TEACHERS

EXPLANATORY NOTE

Republic Act 4670 or The Magna Carta for Public School Teachers was
enacted on June 18, 1966. By today, it is an antiquated law which needs to be
revisited and updated not just because of the passage of more than 54 years but also
due to the vast changes in the conditions of public education and the advance of
Philippine and international law such as those on labor standards and relations.

More importantly, a new Magna Carta should be enacted considering the
demands of public school teachers themselves who have long been crying out for
salaries and benefits commensurate to their functions and status, more humane terms
and conditions of work, and greater protection in the performance of their duties
within and outside schools.

This proposed Magna Carta of Public School Teachers updates the provisions
on recruitment and qualifications, salaries, teaching hours, special hardship
allowances, transfer, probationary period, health measures and injury benefits, and
deductions from salaries. Major amendments include a shorter period of four teaching
hours; stronger protection for teachers hired on probationary status (parity in terms of
salaries, benefits, and conditions of work with regular teachers, among others), and
limitations on allowable salary deductions. Teaching in the time of COVID-19 also
requires emphasizing the mandatory and free nature of health benefits for public
school teachers,

New provisions expressly granting public school teachers protection from out-
of-pocket expenses, being assigned with non-teaching work as a general rule,


unregulated class sizes and other conditions detrimental to teaching, and understaffing
and overloading. The hiring of substitute teachers when necessary is now expressed
as a duty of the Department of Education. Overwhelming and long-standing demands
for conditions conducive to work and teacher protection in class management and
student discipline are likewise reflected in this bill.

Unionism, which is only recently realized by public school teachers with the
promulgation of rules on the registration and accreditation regional unions, is also
expressed here. Government, through the Department of Education, is given several
mandates in this regard, including the duty to uphold the status of sole and exclusive
negotiating agents and a prohibition against discrimination of teachers and their
unions.

Furthermore, Magna Carta of Public School Teachers assures teachers of
substantive rights related to sex and gender. Adjustments were also made in the
language for gender-sensitivity.

Broader protection is granted to public school teachers with respect to their
rights, benefits, and leaves under other laws. This express basis for the supplemental
application of other laws will accord teachers where applicable, and higher
compensation or for voluntary service of teachers.

Lastly, heavier penalties are provided for violation of any of the provisions of
the Magna Carta of Public School Teachers, with the intention of strictly
implementing the law and making genuine the rights, benefits, and privileges of public
school teachers thereunder.

This proposal, in tandem with House Bill 5783 or The Magna Carta for Private
School Teachers, forwards the needs and demands of the teachers’ sector in the
Philippines.

Approval of this bill is earnestly sought.

{
. ANTONIO L. TINIO Rep. RI }F/LOUISE M.CO
ACT Teachers Party-List KA, (AN Party-List



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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No. 442

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

THE MAGNA CARTA OF PUBLIC SCHOOL TEACHERS

Be it enacted in the Senate and the House of Representatives of the Philippines in

Congress assembled:

I. PRELIMINARIES

SECTION t. The title of Republic Act 4670 is hereby amended to read as “The

Magna Carta OF Public School Teachers.”

SEC. 2. Section 1 of the same Act is hereby amended to read as follows:

Section 1. Declaration of Policy. It is hereby declared to be the policy of
THE STATE to promote and improve the social and economic status of
public school teachers, their living and working conditions, their terms
of employment and career prospects in order 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 advance in education depends on
the qualifications and ability of the teaching staff and that education is
an essential factor in the economic growth of the nation as a productive
investment of [vital] importance.

THE STATE SHALL ALSO RESPECT, PROMOTE, AND
UPHOLD THE POLITICAL RIGHTS OF TEACHERS,
CONSISTENT WITH THE INTERNATIONAL AND DOMESTIC
LAW IDEAL THAT THE ECONOMIC AND SOCIAL RIGHTS
OF PERSONS CAN ONLY BE SECURED THROUGH THE


GENUINE OBSERVANCE OF CIVIL AND POLITICAL
RIGHTS.

SEC. 3. Section 2 is hereby amended to read as follows:

Section 2. SHORT TITLE AND COVERAGE. ~ This Act shall be
known as the “Magna Carta OF Public School Teachers” and shall
apply to all public school teachers except those in the professorial staff
of state colleges and universities.

‘As used in this Act, the term “teacher” shall mean all persons engaged
in classroom teaching, in any level of instruction, on full-time basis,
including guidance counselors, school librarians, industrial arts or
vocational instructors, and all other persons performing supervisory
and/or administrative functions in all schools, colleges and universities
operated by the government or its political subdivisions; but shall not
include school nurses, school physicians, school dentists, and other
school employees.

SEC. 4. Section 3 is hereby amended to read as follows:

Section 3. Recruitment and Qualification. Recruitment policy with
respect to the selection and appointment of teachers shall be clearly
defined by the Department of Education: Provided, however, That
effective upon the approval of this Act, the following shall constitute the
minimum educational qualifications for teacher-applicants:

(1) FOR TEACHERS IN PRESCHOOL, A BACHELOR’S
DEGREE IN EARLY CHILDHOOD EDUCATION (BECED) OR
ITS EQUIVALENT;

(2) FOR TEACHERS IN THE ELEMENTARY GRADES, A
BACHELOR’S DEGREE IN ELEMENTARY EDUCATION
(BEED) OR ITS EQUIVALENT;

(3) FOR TEACHERS IN THE SECONDARY GRADES, A
BACHELOR’S DEGREE IN SECONDARY EDUCATION OR
ITS EQUIVALENT (BSED), OR A BACHELOR DEGREE IN
ARTS AND SCIENCES WITH AT LEAST EIGHTEEN UNITS IN
PROFESSIONAL EDUCATION; AND

(4) FOR TEACHERS OF VOCATIONAL AND TWO-YEAR
TECHNICAL COURSES, A BACHELOR’S DEGREE IN THE
FIELD OF SPECIALIZATION OR ITS EQUIVALENT, WITH AT
LEAST EIGHTEEN UNITS IN PROFESSIONAL EDUCATION:


Provided, further, That in the absence of applicants who possess the
minimum educational qualifications as hereinabove provided, the
SCHOOLS DIVISION SUPERINTENDENT may appoint, under a
temporary status, applicants who do not meet the minimum
qualifications: Provided, further, ‘That should — teacher-applicants,
whether they possess the minimum educational qualifications or not, be
required to take competitive examinations, preference in making
appointments shall be in the order of their respective ranks in said
competitive examinations: And provided, finally, That the results of the
examinations shall be made public and every applicant shall be
furnished with his OR HER score and rank in said examinations.

SEC. 5. Section 4 is hereby amended to read as follows:

Section 4. 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. 6. Section 5 is hereby amended to read as follows:

SEC. 5. Tenure of Office. - Stability on employment and security of
tenure shall be assured teachers as provided under existing laws.


Subject to the provisions of Section three hereof, teachers appointed on
a provisional status for lack of necessary civil service eligibility shall be
extended permanent appointment for the position he or she is holding
after having rendered at least ten years of continuous, efficient, and
faithful service in such position.

NO PERMANENT TEACHER SHALL BE TERMINATED
EXCEPT FOR A JUST CAUSE AND AFTER DUE PROCESS. A
TEACHER WHO IS DISMISSED FROM SERVICE BUT LATER
FOUND AS UNJUSTLY DISMISSED SHALL BE ENTITLED TO
REINSTATEMENT AND BACK WAGES.

SEC. 7. Section 6 is hereby amended to read as follows:

Section 6. TRANSFER. — Except for cause and as herein otherwise
provided, no teacher shall be transferred without his or her written
consent from one station to another.

Where the exigencies of the service require the transfer of a teacher
from one station to another, such transfer may be effected by the
SCHOOLS DIVISION SUPERINTENDENT who shall previously
notify the teacher concerned of the transfer and the reason or reasons
therefor. If the teacher believes there is no justification for the transfer,
he OR SHE may appeal to the REGIONAL DIRECTOR WHO
SHALL RENDER A DECISION IN WRITING WITHIN A NON-
EXTENDIBLE PERIOD OF ONE WEEK UPON RECEIPT OF
THE APPEAL. Pending the appeal and the decision thereon, THE
transfer shall be held in abeyance: Provided, however, That no transfer
shall be made three months before any local or national election;
PROVIDED, FINALLY, THAT “STATION” UNDER THIS ACT
SHALL MEAN THE SCHOOL WHERE THE TEACHER IS
ASSIGNED.

Necessary transfer expenses of the teacher and his family shall be paid
for by the government if his OR HER transfer is finally approved.

A TEACHER MAY ALSO TRANSFER UPON HIS OR HER
WRITTEN REQUEST PURSUANT TO GROUNDS AND
PROCEDURE UNDER PERTINENT LAWS AND RULES.

SEC. 8. Section 8 is hereby amended to read as follows:
Section 8. Safeguards in Disciplinary Procedure. — Every teacher shall

enjoy equitable safeguards at each stage of any disciplinary procedure
and shall have:


(1) the right to be informed, in writing, of the ALLEGATIONS
AND THE GROUNDS FOR THEM;

(2) _ the right to full access to the evidence in the case;

(3) the right to defend himself OR HERSELF and to be defended by
a representative of his OR HER choice, AND BY HIS OR HER
UNION OR, IN THE ABSENCE THEREOF, organization, adequate
time being given to the teacher for the preparation of his OR HER
defense;

(4) THE RIGHT TO BE INFORMED IN WRITING OF THE
DECISIONS REACHED AND THE REASONS FOR THEM; AND

(5) the right to appeal to clearly designated COMPETENT
authorities OR BODIES.

No publicity shall be given to any disciplinary action being taken
against a teacher during the pendency of his OR HER case. ALL
RECORDS PERTAINING TO CASES AGAINST A TEACHER
SHALL BE CONFIDENTIAL AND ALL PERSONS, PUBLIC
OFFICIALS AND EMPLOYEES AND PRIVATE INDIVIDUALS,
SHALL RESPECT THE RIGHT TO PRIVACY OF THE
TEACHER.

PUBLIC SCHOOL TEACHERS SHALL HAVE THE RIGHT TO
LEGAL COUNSEL AND EXPENSES TO BE PROVIDED BY
THE DEPARTMENT OF EDUCATION FOR COMPLAINTS
AND LAWSUITS IN RELATION TO THE PERFORMANCE
AND CONDUCT OF THEIR TEACHING DUTIES AND
RESPONSIBILITIES.

SEC. 9. Section 9 is hereby amended to read as follows:

Section 9. Administrative Charges. Administrative charges against a
teacher shall be heard initially by a FORMAL INVESTIGATION
committee composed of the corresponding SCHOOLS DIVISION
SUPERINTENDENT or a duly authorized representative who should
at least have the rank of a DIVISION SUPERVISOR WHERE THE
TEACHER BELONGS, AS CHAIRPERSON, a representative of the
UNION PURSUANT TO SECTION 37 HEREOF or, in its absence,
any existing NATIONAL, provincial, MUNICIPAL, OR CITY
teacher's organization, and a supervisor of the Division. The committee
shall submit its findings and recommendations to the SECRETARY
OF EDUCATION AS THE DISCIPLINING AUTHORITY within
FIFTEEN (15) days from the termination of the
hearings: Provided, however, That where the school superintendent is


the complainant or an interested party, all the members of the committee
shall be appointed by the Secretary of Education.

SEC. 10. Section 10 is hereby amended to read as follows:

Section 10. DISCRIMINATION PROHIBITED. — A PUBLIC
SCHOOL TEACHER SHALL NOT BE DISCRIMINATED
AGAINST WITH REGARD TO GROUNDS SUCH AS SEX,
SEXUAL ORIENTATION, GENDER’ IDENTITY AND
EXPRESSION, CIVIL STATUS, CREED, RELIGIOUS OR
POLITICAL BELIEF OR AFFILIATION, ETHNIC
GROUPINGS, OR ANALOGOUS REASONS. There shall be no
discrimination whatsoever in entrance to the teaching profession, or
during its exercise, or in the termination of services based on any ground
other than professional consideration: PROVIDED, THAT UNDER
NO CIRCUMSTANCE THAT THE LICENSE OF PUBLIC
SCHOOL TEACHERS BE SUSPENDED, REVOKED, OR
INVALIDATED FOR REASONS NOT RELATED TO THE
PERFORMANCE OF THE TEACHING PROFESSION SUCH AS
BUT NOT LIMITED TO NONPAYMENT OF OBLIGATIONS OR.
DEFAULT THEREIN AND PERSONAL CONFLICTS.

SEC. 11. A new Section 11 is hereby inserted after Section 10 to read as follows

Section 11. Gender Equality. — The State shall provide equal
opportunities to women teachers and those of different gender identity
and expression in teaching and school and department leadership.

Gender equality shall also be promoted among teachers through
seminars and other programs and activities.

SEC. 12. Sections 11 and 12 of the same Act are hereby renumbered as Section 12
and 13, respectively.

SEC. 13. Section 15 is hereby renumbered as Section 14 and amended to read as
follows:

Section 14. Criteria for Salaries. - Teachers’ salaries shall [correspond
to the following criteria]:

(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;


SEC. 14,

(2) {they shall} compare favorably with those paid in other
occupations requiring equivalent or similar qualifications, training and
abilities;

(3) __ [they shall] be such as to insure teachers a reasonable standard of
life for themselves and their families; and

(4) _ [they shall] be properly graded so as to recognize the fact that
certain positions require higher qualifications and greater responsibility
than others: Provided, however, That the general salary scale shall be
such that the relation between the lowest and highest salaries paid in the
profession will be of reasonable order. Narrowing of the salary scale
shall be achieved by raising the lower end of the salary scales relative to
the upper end.

follows:

SEC. 15.

Section 15. Salary Scale. — Salary scales of teachers shall provide for a
gradual progression from a minimum to a maximum salary by means of
regular increments, granted automatically after three years: Provided,
That the efficiency rating of the teacher concerned is at least
satisfactory. [The progression from the minimum to the maximum of
the salary scale shall not extend over a period of ten years.}

follows:

SEC. 16.

Section 16. Equality in Salary Scales AND BENEFITS. - The salary
seales and benefits of teachers whose salaries are paid by a city,
municipal, [municipal district,] or provincial government shall not be
less than those provided for teachers of the national government.

follows:

Section 17. Cost of Living Allowance. — Teachers’ salaries shall, at the
very least, keep pace with the rise in the cost of living by the payment of
a cost-of-living allowance which shall automatically follow changes in a
cost-of-living index. The Secretary of Education shall, in consultation
with the proper government entities, recommend to Congress, at least
annually, the appropriation of the necessary funds for the cost-of-living
allowances of teachers employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of
Education shall, upon approval of the President of the Philippines, be
binding on the city, municipal or provincial government, for the

Section 16 is hereby renumbered as Section 15 and amended to read as

Section 17 is hereby renumbered as Section 16 and amended to read as

Section 18 is hereby renumbered as Section 17 and amended to read as


purposes of calculating the cost-of-living allowances of teachers under
THE EMPLOY OF THE LATTER.

SEC. 17.

A new Section 18 is hereby inserted after the renumbered Section 17 to

read as follows:

Section 18. Protection from Out-of-Pocket Expenses. ~ No teacher
shall be required to pay out of their personal finances for materials,
facilities, services, or any other objects or activities necessary and
related to the performance of their duties.

SEC. 18.
follows:

Section 20 is hereby renumbered as Section 19 and amended to read as

Section 19. Salaries to be Paid in Legal Tender. — Salaries of teachers
shall be paid in legal tender of the Philippines or its equivalent in checks
or treasury warrants]: Provided, however, That such checks for
treasury warrants] shall be cashable in any national, provincial, city or
municipal treasurer’s office or any banking INSTITUTION operating
under the laws of the Republic of the Philippines.

SEC. 19.
follows:

Section 21 is hereby renumbered as Section 20 and amended to read as

Section 20. Deductions Prohibited. — No person shall make any
deduction whatsoever from the salaries of teachers except under specific
authority of law authorizing such deductions: Provided, however, That
upon written authority executed by the teacher concerned, (1)
LAWFUL DUES AND FEES OWING TO TEACHERS’ UNIONS,
(2) lawful dues and fees owing to the Philippine Public School
Teachers’ Association, and (3) premiums properly due on insurance
policies, shall be considered deductible; PROVIDED, HOWEVER,
THAT DEDUCTIONS UNDER THE SALARY DEDUCTION
SCHEME SHALL NOT BE CHARGED WITH COMPOUNDED
INTERESTS AND PENALTIES.

SEC. 20.
follows:

Section 19 is hereby renumbered as Section 21 and amended to read as

Section 21. Special Hardship Allowances. - TEACHERS EXPOSED
TO HARDSHIP OR EXTREME DIFFICULTY IN THE PLACE
OF WORK, TEACHERS ASSIGNED TO HANDLE MULTI-
GRADE CLASSES, MOBILE TEACHERS, AND ALTERNATIVE
LEARNING SYSTEM (ALS) COORDINATORS | shall be
compensated special hardship allowances BASED ON THE
CRITERIA PRESCRIBED BY THE DEPARTMENT: PROVIDED,


SEC. 21.

(1) THAT PRIORITY SHALL BE GIVEN TO TEACHERS
ASSIGNED TO HARDSHIP POSTS CHARACTERIZED BY
HAZARDS TO LIFE AND HEALTH, A STATE OF CALAMITY,
TRANSPORT INACCESSIBILITY OR INCONVENIENCE, AND
OTHER HAZARDS PECULIAR TO THE PLACE OF
EMPLOYMENT; AND

(2) THAT THE AGGREGATE AMOUNT OF ALLOWANCE
TO BE GIVEN TO SAID TEACHERS SHALL NOT BE LESS
THAN TWENTY-FIVE PERCENT OF THEIR TOTAL BASIC
PAY SALARY FOR THE YEAR.

follows:

Section 22. Teaching Hours. - NO TEACHER ENGAGED IN
ACTUAL CLASSROOM INSTRUCTION SHALL BE REQUIRED
TO RENDER MORE THAN FOUR hours of actual classroom
teaching a day, which shall be so scheduled as to give him oR HER
time for the preparation and correction of exercises and other work
incidental to his OR HER normal teaching duties: Provided, however,
That where the exigencies of the service so require, a teacher may be
required to render more than FOUR 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 per cent of his OR HER basic pay.

SEC. 22. A new Section 23 is hereby inserted after the renumbered Section 22 to

read as follows:

Section 23. Assignment of Work Not Related to Teaching Prohibited.
= To prevent teachers from being overtaxed and to enable them to focus
on instruction and thus ensure the delivery of quality education, no
teacher shall be assigned work or activities not related to teaching. For
this purpose, the department shall fill up all non-teaching positions and,
with the department of budget and management, endeavor to meet ideal
ratios between teaching and non-teaching positions.

SEC. 23. A new Section 24 is hereby inserted after Section 23 to read as follows:

Section 24. Substitute Teachers. - When an incumbent teacher is on
matemity, paternity, parental, study, or extended leave, the Department
shall hire a temporary replacement for the duration of the incumbent
teacher's leave. A substitute must be qualified for at least temporary
appointment.

Section 13 is hereby renumbered as Section 22 and amended to read as


SEC. 24.

follows:

Section 25. Additional Compensation. — Notwithstanding any
provision of existing law to the contrary, co-curricula and out-of-school
activities and any other activities outside of what is defined as normal
duties of any teacher shall be paid an additional compensation of at least
twenty-five per cent of his OR HER regular remuneration after the
teacher has completed at least FOUR hours of actual classroom teaching
a day.

In the case of other teachers or school officials not engaged in actual
classroom instruction, any work performed in excess of eight hours a
day shall be paid an additional compensation of at least twenty-five per
cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional
compensation required under this Section. The SECRETARY OF
EDUCATION shall refuse to allow the rendition of services of teachers
for other government agencies without the assurance that the teachers
shall be paid the remuneration provided for under this Section.

THIS SECTION SHALL BE WITHOUT PREJUDICE TO LAWS
AND RULES PROVIDING FOR HIGHER COMPENSATION OR
FOR VOLUNTARY SERVICE OF TEACHERS.

SEC. 25. A new Section 26 is hereby inserted after the renumbered Section 25 to

read as follows:

Section 26. Conducive Working Conditions Ensured. — The State shall
ensure that public school teachers have humane working conditions in
their places of assignment. For this purpose, the Department shall
provide and maintain adequate space, ventilation, lighting, and security
conditions in public schools to foster a conducive environment for
teaching and learning.

SEC. 26. A new Section 27 is hereby inserted after Section 26 to read as follows:

Section 27. No Understaffing and Overloading of Teachers. — There
shall no understaffing and overloading of public school teachers.
Teacher-to-student ratios shall be such as to reasonably effect sustained
delivery of quality education at all times without overworking the public
school teacher and overextending his or her duty and service.

SEC. 27. A new Section 28 is hereby inserted after Section 27 to read as follows:

Section 14 is hereby renumbered as Section 25 and amended to read as


Section 28. Protection from Unregulated Class Sizes. — Teachers are
entitled to protection from unmanageable class sizes as well as to
compensation commensurate to their actual workload, To this end, the
Department shall determine the standard class sizes for each grade level
in accordance with international norms and the corresponding
honorarium for teachers handling large classes.

SEC. 28. A new Section 29 is hereby inserted after Section 28 to read as follows:

Section 29. Teacher Protection. — The Department shall institutionalize
support mechanisms and protection for public school teachers in matters
of student discipline or classroom management, to the end of fostering a
positive school climate and safe environment conducive to instruction
and learning and permissible, appropriate, and effective responses and
interventions that will address violation of school rules and regulations.
To this end, the Department, in consultation with public school teachers,
shall promulgate rules on the rights and responsibilities of teachers;
permissible, appropriate, and effective responses and interventions that
will address violation of school rules and regulations; among others.

Any act committed by a teacher pursuant to the disciplinary rules and
procedures issued by the department shall not be deemed as child abuse,
cruelty, or exploitation as defined in Republic Act 7610 or the Special
Protection of Children against Abuse, Exploitation and Discrimination
Act.

SEC. 29. Section 22 is hereby renumbered as Section 30 and amended to read as

follows:

Section 30. FREE Medical Examination and Treatment. —
Compulsory medical examination shall be provided free of charge for all
teachers before they take up teaching, and shall be repeated not less than
‘once a year during the teacher's professional life. Where medical
examination, INCLUDING MENTAL HEALTH EXAMINATION,
shows that medical treatment and/or hospitalization is necessary, the
same shall be provided free by the government [entity paying the salary
of the teachers}.

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 traveling expenses by the government [entity
concerned in the first paragraph of this Section].

SEC. 30. Section 23 is hereby renumbered as Section 31.

SEC, 31.
follows:

Section 24 is hereby renumbered as Section 32 and amended to read as


Section 32. Study Leave. — In addition to the leave privileges now
enjoyed by teachers in [the] public schools, they shall be entitled to
study leave not exceeding one school year after THREE years of
service, [Such leave shall be granted in accordance with a schedule set
by the Department of Education.] During the period of such leave, the
teachers shall be entitled to at least EIGHTY per cent of their monthly
salary: Provided, however, That no teacher shall be allowed to
accumulate more than one year study leave, unless he OR SHE needs
an additional semester to finish his OR HER thesis for a graduate study
in education or allied courses: Provided, further, That no compensation
shall be due the teacher after the first year of such leave. In all cases,
the study leave period shall be counted for seniority and pension
purposes.

‘The compensation allowed for one year study leave as herein provided
shall be subject to the condition that the teacher takes the regular study
load and passes at least seventy-five per cent of his OR HER courses.

Study leave of more than one year may be permitted by the Secretary of
Education but without compensation.

SEC. 32.
follows:

Section 25 is hereby renumbered as Section 33 and amended to read as

Section 33. Indefinite SICK 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. 33. Section 26 is hereby renumbered as Section 34.

SEC. 34. Section 27 is hereby renumbered as Section 35.

SEC. 35.
follows:

Section 28 is hereby renumbered as Section 36 and amended to read as

Section 36. Discrimination Against Teachers Prohibited. - The rights
established in the immediately preceding Section shall be exercised
without any interference or coercion. It shall be unlawful for any person
to commit any acts of discrimination against teachers which are
calculated to (a) make the employment of a 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 his OR HER membership
in an organization or because of participation in its activities [outside
school hours, or with the consent of the proper school authorities, within
school hours}, and (c) to prevent him OR HER from carrying out the
duties laid 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. 36. Section 29 is hereby renumbered as Section 37 and amended to read as
follows:

Section 37. [National] Teachers’ Organizations. — National teachers’
organizations shall be consulted in the formulation of national
educational policies and professional standards, and in the formulation
of national policies governing the social security of the teachers.

UNIONS OF PUBLIC SCHOOL TEACHERS WHICH ARE
GRANTED THE STATUS AS SOLE AND EXCLUSIVE
NEGOTIATING AGENT (SENA) SHALL HAVE THE RIGHT TO
REPRESENT ALL PUBLIC SCHOOL TEACHERS IN THEIR
RESPECTIVE NEGOTIATING UNITS IN NEGOTIATIONS
WITH THE DEPARTMENT FOR TERMS AND CONDITIONS
OF EMPLOYMENT OR IMPROVEMENTS THEREOF, EXCEPT
THOSE THAT ARE FIXED BY LAW. FOR THE PURPOSES OF
THIS ACT, THE SENA REFERS TO ANY REGISTERED
EMPLOYEES’ ORGANIZATION WHICH HAS BEEN
ACCREDITED BY THE CIVIL SERVICE COMMISSION AS
THE NEGOTIATING AGENT OF ALL PUBLIC SCHOOL
TEACHERS IN A_ GIVEN NEGOTIATING UNIT, IN
ACCORDANCE WITH ITS PERTINENT RULES AND
REGULATIONS.

THE DEPARTMENT SHALL ACCORD THE SENA, AS WELL
AS ITS OFFICERS AND MEMBERS, ALL RIGHTS AND
BENEFITS NECESSARY AND PERTINENT TO THE
PERFORMANCE OF ITS DUTIES AND FUNCTIONS, SUCH AS
REPRESENTATION OF TEACHERS IN ALL BODIES FOR
POLICY MAKING AND TRIBUNALS FOR THE DISCIPLINE
OF TEACHERS, AMONG OTHERS.

SEC. 37. A new Section 38 is hereby inserted after the renumbered Section 37 to read
as follows:

Section 38. Rights and Benefits of Teachers under Other Laws. — A
teacher shall be accorded rights and benefits under other laws and rules
on labor standards and relations, social security, among others, including
but not limited to Republic Act 9710 or “The Magna Carta of Women,”
Republic Act 9262 or the “Anti-Violence against Women and their
Children Act,” and Republic Act 8792 or the “Solo Parents’ Welfare Act
of 2000,” as they are applicable.


SEC. 38. Section 30 is hereby renumbered as Section 39 and amended to read as
follows:

Section 39. Rules and Regulations. - THE DEPARTMENT, IN
CONSULTATION WITH UNIONS AND ORGANIZATIONS OF
PUBLIC SCHOOL TEACHERS, shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act
within sixty days after its effective date. Rules and regulations issued
pursuant to this Section shall take effect thirty days after publication in a
newspaper of general circulation and by such other means as the
Secretary of Education deems reasonably sufficient to give interested
parties general notice of such issuance.

SEC. 39. Section 31 is hereby renumbered as Section 40 and amended to read as
follows:

Section 40. Budgetary Estimates. — The Secretary of Education shall
submit to Congress annually the necessary budgetary estimates to
implement the provisions of the Act concerning the MONETARY
AND NON-MONETARY benefits herein granted to public school
teachers under the employ of the National Government. THE DUTY
TO PRESENT THE ANNUAL FUNDING REQUIREMENTS FOR
THE BENEFITS UNDER THIS ACT SHALL BE DISTINCT
FROM THE PRESENTATION OF THE BUDGET OF THE
DEPARTMENT AND THUS MAY BE FULFILLED DURING OR
BEFORE THE DELIBERATIONS FOR THE ANNUAL
GENERAL APPROPRIATIONS.

SEC. 40. Section 32 is hereby renumbered as Section 41 and amended to read as
follows:

Section 41. Penal Provision. — A person who shall willfully interfere
with, restrain, or coerce any teacher in the exercise of his OR HER
rights OR THE RIGHTS OF TEACHERS’ UNIONS AND
ORGANIZATIONS guaranteed by this Act, or who shall in any other
manner commit any act to defeat any of the provisions of this Act shall,
upon conviction, be punished by IMPRISONMENT OF NOT LESS
THAN SIX MONTHS, OR a fine of not less than ONE HUNDRED
THOUSAND PESOS BUT NOT MORE THAN TWO HUNDRED
THOUSAND PESOS, OR BOTH, at the discretion of the court.

If the offender is a public official, the court shall order his or her
dismissal WITH PERPETUAL DISQUALIFICATION from
government service. THIS PROVISION SHALL COVER THE
ISSUANCE OF RULES CONTRARY TO THIS ACT OR WHICH


LEAD TO THE DEFEAT OR DIMINUTION OF RIGHTS AND
BENEFITS PROVIDED HEREIN.

THE LIABILITIES UNDER THIS SECTION SHALL BE
WITHOUT PREJUDICE TO CIVIL AND ADMINISTRATIVE
LIABILITIES AND OTHER PENAL LIABILITIES UNDER
OTHER APPROPRIATE LAWS.

SECTION 42. Separability Clause. — If, for any reason, any provision of this Act is
held unconstitutional, all other provisions not affected thereby shall continue to be in

full force and effect.

SECTION 43. Repealing Clause. — All laws, decrees, rules and regulations, and
other issuances inconsistent with this act are hereby repealed or modified accordingly.

SECTION 44. Effective Date, — This Act shall take effect fifteen days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,