FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 649 
) 
) 
) 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The quality of citizen of any country depends largely on the kind of care and 
attention they receive during childhood. Studies show that the first six (6) years of 
childhood will determine what he will be as a youth and as an adult. For this 
reason, a child should be given the opportunity to develop his or her cognitive, 
personal, social and language skills at an early age. 
The passage of Republic f.\.ct No. 6972 known as the "8arangay-Level Total 
Development and Protection Act," provided, among others, the establishment of a 
Day Care Center in every barangay. However, with the advent of devolution, not 
all barangay have day care centers. 
Adversely affected, more than the day care workers, themselves, are the 
children who are recipients of day care service. As such, day care workers should 
also be given compensation commensurate to their expertise and workload. 
Opportunities for self-development should be made available to them. 
Needless to say, we must not leave the future of our children to chance. 
Let us secure their bright future by safeguarding the economic and social 
development of our day care workers. 
In consideration thereof, early approval of this bill is highly recommended. 
Senator 


FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
Senate Bill No. 649 
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J 
7 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING A MAGNA CARTA FOR DAY CARE WORKERS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1, Short Title. This Act shall be known as the "Magna Carta for 
Day Care Workers." 
SEC. 2. Declaration of Policy. It is hereby declared to be the policy of the 
State to promote and improve the, social and economic status of day care workers. 
Towards this end, the state shall adopt policies that will protect the rights of the 
day care workers and promote their welfare. 
SEC. 3. Coverage. This Act shall cover all persons engaged in providing 
early childhood development in government-sponsored day care centers. The day 
care workers' primary responsibility is to assist in the care of the children and 
provide conSUltative services for social, education and other needs of the children. 
Chapter 2 
RECRUITMENT AND QUALIFICATION 
SEC. 4. 
Qualifications. A day care worker must be of legal age, must 
possess a career sub-professional eligibility and must have sufficient training in 
early childhood care and development. Provided, however, that an incumbent day 
care worker who has been serving for the last five (5) years upon approval of this 
Act does not meet the prescribed educational qualification shall be required to 
undergo the day care worker training course provided by the Department of Social 
Welfare and Development (DSWD) within one (1) year after the effectivity of this 
Act. 
SEC. 5. 
Recruitment. 
A qualified day care worker shall file his/her 
application with the local government unit concerned. Under no circumstanced 
shall a day worker be discriminated against on the basis of gender, religion, age, 
status, race and/or political affiliation. 
Chapter 3 
REMUNERATION AND WORKING CONDITIONS 
SEC. 6. Salary. A day care worker shall receive a salary based on the 
following guidelines: 


Level 1. -
From High School Level to below Second Year College and 
length of service of at least five (5) years shall receive a salary equivalent to 
grade 10; 
Level 2. - From Second Year College level shall receive a salary equivalent 
to grade 8; and 
Level 3. - College Graduate level shall receive salary equivalent to 
Grade 10; 
SEC. 7. Working Hours. A day care worker is required to render eight (8) 
working hours of work a day or forty (40) hours a week; 
Provided, that the 
municipal social worker officer may require a day care worker to render services 
beyond his/ her required working hours. 
SEC. 8. Additional Compensation and Allowances. Day care workers 
shall be provided with additional compensation for services rendered beyond the 
required working hours per day or a total of 40 hours per week. 
SEC. 9. 
Special Hardship Allowance. 
At such rates as may be 
determined by the local government unit concerned, day care workers shall be 
entitled to a special hardship allowance depending on the hazards / risks faced at 
the place of assignment. 
SEC. 10. 
Married Day Care Workers. 
Whenever possible, married 
couples who are both day care workers shall be assigned in the same municipality 
or city. 
SEC. 11. Transfer and tenure of office. No day care worker shall be 
transferred from one center to another without his / her prior knowledge and 
consent. 
As provided under existing law, no day care worker shall be terminated 
from work without due cause. 
Chapter 4 
OTHER BENEFITS 
SEC. 12. Leave and Benefits. As provided under the existing laws, a day 
care worker is entitled to maternity and/or paternity, sick and vacation leave. 
Day care workers with outstanding performance rating may avail of study 
leave. 
SEC. 13. Free Medical Examination and Treatment. Pre-employment 
and annual medical examination shall be provided by the government hospitals 
free of charge, to all day care workers. Day care workers suffering from work-
related ailments shall be treated free of charge in government hospitals. 


SEC. 14. 
Insurance and retirement benefits. 
Qualified care workers 
shall automatically become members of the Government Service Insurance 
System (GSIS). 
Day care workers who have rendered the age service requirement of the 
applicable retirement laws, shall be given a one-step salary grade upon retirement 
which shall be the basis of the computation for retirement pay and benefits. 
Chapter 5 
ORGANIZATION OF DAY CARE WORKERS 
SEC. 15. 
Freedom to Organize. 
freedom to organize themselves without 
government units to which they are assigned. 
- Day care workers shall have the 
prior consultation with the local 
The different organizations of day care workers shall be consulted in the 
formulation of national policies and programs that will affect them. 
Under no circumstances shall any day care worker be dismissed on the 
basis of his/her membership in any organization of day care workers. 
Chapter 6 
FINAL PROVISIONS 
SEC. 16. Code of Conduct for Day Care Worker. - Within six (6) months 
upon the 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 
workers. Each day care worker shall be provided with a copy of the code. 
SEC. 17. Support from Non-Governmental Organizations. 
Non-
government organization 
or private volunteer organizations 
are 
hereby 
encouraged to assist the government in the implementation of programs and 
projects of day care workers. 
• 
SEC. 18. Rules and Regulations. - The Department of Interior and Local 
Government (DILG), 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 after the effectivity of this Act. 
SEC 19. 
Appropriations. 
-
Salaries and other benefits for day care 
workers shall be charged to the local government unit concerned. Training needs 
of day care workers shall be charged to the annual appropriations of the DSWD. 
SEC. 20. Penal Provisions. - Any person who violates this Act shall be 
punished with a fine of not less than Five Thousand (Php5,OOO.OO) and/or 
imprisonment of not less that two (2) months but not more than one (1) year, or 
both, at the discretion of the cou rt. 
If the offender is a public official, he/she shall, in addition to the penalties. 
stated above, be dismissed from the government service. 
SEC 21. Separability Clause. - If any provision of this Act shall be held 
unconstitutional, or invalid, the other parts or provisions thereof, which are not 
affected thereby, shall continue to be in full force effect. 


SEC. 22. 
Repealing Clause. -
All laws, executive orders, rules and 
regulations inconsistent with or contrary to this Act are hereby repealed or 
modified accordingly. 
SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publications in any two (2) newspapers pf general circulation. 
Approved,