Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.
INTRODUCED BY HONORABLE BERNADETTE "BH"HERRERA-DY
EXPLANATORY NOTE
Republic Act No. 6972, also known as the Barangay-level Total Development and
Protection of Children Act enacted in 1990. This law provides for the establishment of a day care
center in every barangay and seeks to institute a Total Development and Protection of Children
Program therein.
A decade after, Republic Act No. 8990, otherwise known as the Early Childhood Care and
Development (ECCD) Act was legislated. This measure promulgates a comprehensive policy and
national system for Early Childhood Care and Development.
Both measures promote and defend the rights of children, protect them against all forms of
neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development. The
measures accord special protection to children with full recognition of the nature of childhood and
their special needs.
More importantly, both measures recognize the stage of childhood, from birth to six (6)
years of age, as critical to development. This is basically the essence of both laws. It is in this light
that day care workers play a central role.
Day care workers cater to millions of children, and also their families. For
underprivileged Filipino families, having the option of government day care centers, which
require little contribution, is a big help. Day care workers tend to the needs of children, while their
parents are able to attend to other equally important chores.
In spite of the immensity of their work, they are receiving a measly Five Hundred Pesos (Php500) per
month, an amount not even sufficient for their everyday needs. However, their willingness to work as
volunteers should not be abused. It is not by choice but by necessity, and at times for their subsistence.
The government, in light of the institutionalization of the ECCD, should finally make day care
workers regular government employees.
By guaranteeing the rights of the day care workers to security of tenure, humane working conditions
and a living wage, the State would be contributing to the improvement of the quality of early
childhood care and education, thereby upholding its mandate to defend and protect children's rights as
well as guaranteeing the rights of all its workers.
In view of the foregoing, passage of this bill is earnestly sought.
BERNADETTE HERRERA-DY
July 5, 2022
4:24 pm
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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
House Bill No.
INTRODUCED BY HONORABLE BERNADETTE "BH"HERRERA-DY
AN ACT INSTITUTING THE MAGNA CARTA OF DAY CARE WORKERS AND
PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the "Magna Carta of DayCare Workers".
SECTION 2. Declaration of State Policy. — The State recognizes the vital role of
children and youth in nation-building and shall promote and protect their physical, moral,
spiritual, intellectual, and social well-being. Towards this end, the State shall adopt policies that
will improve the social and economic welfare of day care workers who provide pre-school
education and social development services to children,
SECTION 3. Coverage. — This Act covers all day care workers, also referred to as child
development workers in Republic Act No. 10410, otherwise known as the "Early Years Act
(EYA) of 2013", herein defined as persons primarily engaged in the provision of early child
development services and programs such as care, social development, education, protection, and other
needs of children aged four (4) years old and below in all government-sponsored day care centers.
SECTION 4. Plantilla Positions and Security of Tenure in Day Care Centers. — At
least one (1) Day Care Worker I and one (1) Day Care Worker Il plantilla positions shall be
created in all day care centers nationwide. As plantilla position holders, day care workers shall be
appointed under permanent status and shall be protected and governed by civil service rules
and regulations. No day care worker shall be removed or transferred from office without just cause, due
process, or prior consultation with the concerned day care worker.
SECTION 5. Creation of Special Personnel Selection Board. — A Special Personnel Selection Board
(SPSB) for day care worker positions shall be created to screen candidate and create a pool of ten (10)
qualified applicants for possible appointment to the subject positions.
The SPSB shall be composed of the Local Social Welfare and Development Officer as chair, the Punong
Barangay, Local Health Officer, Human Resource Management Officer, and local government unit (LGU)
first level employees' representative as members.
SECTION 6. Recruitment and Selection. — Upon publication and posting by the Local
Human Resource Management Office (HRMO) of vacant permanent day care worker positions
in particular day care centers, all qualified applicants shall submit their application together with
complete requirements to the Punong Barangay who shall forthwith transmit the same to the
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HRMO for preliminary evaluation: Provided that all qualified incumbent day care workers hired under
casual contractual, and job order employment status shall automatically be considered candidates and
given priority for appointment to permanent day care worker positions.
The Local Chief Executive, as the appointing authority, shall exercise sound discretion in appointing,
from the SPSB-recommended pool, a day care worker position in a particular day care center.
SECTION 7. Qualifications, Positions and Salary Grade — A daycare worker possessing the
following qualifications shall be hired to the position of:
(a) Day Care Worker Il with Salary Grade Six (6) must possess the following qualifications:
(1) Must be of legal age;
(2) Must have completed at least two (2) years of college education;
(3) Must be certified by the DSWD or DSWD-deputized entities to have complied
with existing requisites and trainings in early childhood care and development;
(4) Must not have been convicted by final judgment of any crime; and
(5) Must not have a pending case in relation to Republic Act no. 7610, otherwise
known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act"
Day care workers legitimately serving as such upon the passage of this Act who are
above seventeen (17) years old but below eighteen (18) years old, shall continue to
serve as such and are qualified to be covered under this Act: Provided, that their retention had been
recommended by their direct supervisor;
Day care workers who have no college education upon the effectivity of this Act
shall be given two (2) years within which to complete equivalent training to be able to
continue in the service, in accordance with Section 12 of this Act. The necessary training
courses shall be prescribed by the Department of Social Welfare and Development
(DSWD);
(b) A Daycare Worker Il, with Salary Grade 8, must possess the same qualifications mentioned in
paragraph (a) of this section including five (5) years of working 38 experience and at least twelve (12)
hours of relevant training.
Qualifications and exceptions applicable to this section shall be subject to conditions imposed by the Civil
Service Commission (CSC).
SECTION 8. Working Hours. —A day care worker is required to render eight (8) working hours a day or
a total of forty (40) working hours a week: Provided that the local social welfare officer (LSWDO) may
require day care workers to render services beyond their required working hours during emergency
situations such as natural and man-made calamities.
SECTION 9. Code of Conduct of Day Care Workers. — Within six (6) months upon
approval of this Act, the Early Childhood Care and Development Council (ECCDC), in consultation with
a national organization of day care workers shall be provided with a copy of the Code at the expense of
the government.
SECTION 10. Additional Compensation and Allowances. Day care workers shall be provided with the
following additional compensation, whenever applicable:
(a) Overtime pay — for services rendered beyond the required working hours as
prescribed in Section 8 hereof;
(b) Hazard allowance - for being exposed to situations, conditions, or factors in
the workplace which endanger the workers' health or life, or increase the
danger or risk thereto. Such risk or danger shall be determined by the local Sangguniang Barangay
concerned; and
(c) Subsistence allowance - for meals taken in the course of their duty within


the premises of isolated day care centers, the amount of which shall be computed in accordance
with prevailing circumstances as determined by the local Sangguniang Barangay concerned.
SECTION 11. Other Benefits and Privileges. - Day care workers shall be entitled to the following
additional benefits and privileges:
(a) Married Day Care Workers. - Whenever possible, married couples who are both day care workers
shall be assigned in the same municipality or city.
(b) Free Legal Services. - The Public Attorney's Office (PAO) shall represent 30 day care workers in
cases filed against them in connection with the performance of their duties.
(c) Free Medical Examination and Treatment. — Annual medical examinations
shall be provided by government hospitals, free of charge, to all daycare workers. Day care workers
suffering from work-related ailments shall be treated without cost in government hospitals.
(d) Access to Livelihood, Loans, Grants, and Skills Enhancement. - The
DSWD and the LGU's, in coordination with other concerned government agencies, shall provided
organized day care workers with a mechanism for accessing livelihood, loans, grants, and skills
enhancement services.
(e) Other Benefits. — All day care workers shall automatically become members
of the Government Service Insurance System (GSIS), Pag-lBlG, and
PhilHealth, subject to premium payments by both employees, and shall be
entitled to maternity/paternity, sick, and vacation leaves as provided for by
existing laws,
SECTION 12. Training, Education and Skills Enhancement. — The DSWD, in coordination
with Department of Education (DepEd), Commission on Higher Education (CHED)
and the Technical Education and Skills Development Authority (TESDA), shall provide for a system of
continuing education and skills training and knowledge enhancement programs for day care workers.
The DepEd, CHED, and TESDA shall adopt an equivalency system of education that shall recognize
and duly credit the actual work experience and prior learning of day care workers as formal academic
or training units.
SECTION 13. Support from Nongovernment Organizations (NGO's). —
Nongovernment organizations or private volunteer organizations are hereby encouraged to assist or
support the government in the implementation of programs and projects for daycare workers. Pursuant
thereto, all day care centers may accept such assistance or support from 13 NGOs.
SECTION 14. Appropriations. — The amount necessary to cover the salaries and
benefits of day care workers shall be charged from the Internal Revenue Allotment (IRA) and
the Special Education Fund of LGUs concerned: Provided, that the national government shall
provide subsidy for at least one (1) day care worker per center in the fourth, fifth and sixth class
municipalities. A portion of the contribution of the Philippine Amusement and Gaming
Corporation (PAGCOR) as provided under Republic Act No. 10410, as well as additional funds generated
from donations, fees, and contributions collected by the ECCDC from whatever source shall also be set
aside for the purpose.
SECTION 15. Implementing Rules and Regulations. - The DSWD, the ECCDC, and
the Department of the Interior and Local Government (DILG), in consultation with the CSC and a
national organization of day care workers, shall formulate the rules and regulations necessary to
implement the provisions of this Act within six (6) months from its effectivity.
SECTION 16. Separability Clause. - If any provision of this Act or any part thereof is declared
unconstitutional, the same shall not affect the validity and effectivity of the other provisions.
SECTION 17. Repealing Clause. — Republic Act No. 6972, otherwise known as the
"Barangay-Level Total Development and Protection of Children Act" and all laws, decrees, rules and
regulations, and executive orders contrary to or inconsistent with this Act are hereby repealed or modified
accordingly.


SECTION18. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.
Approved.