HOUSE OF REPRESENTATIVES
RECEIVED
pare, 17 JUL 2016
TIME: "
BY:

Pe ae
“nippwe

Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

REGISTRATION UNIT
BILLS AND INDEX SERVICE
Seventeenth Congress

First Regular Session

1345

House Bill No.

Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

Children and the youth constitute our greatest human resource for in
their hands lies the future of our nation. In recognition of this vital role of
the youth in nation-building, the Constitution mandates the State to promote
and protect their physical, moral, spiritual, intellectual and social well-being.
The education of our children must begin at the earliest possible age. The
first opportunity, outside of the family, occurs when pre-school children are
left to the care and custody of day care workers in day care centers.

Thus, day care workers are in the forefront of the education and
character formation of our children. They provide our children not only
substitute care while in their custody, but as well as social development
training and basic pre-school education. Discharging such important and
delicate function, day care workers in return deserve better government
attention with respect to the protection and promotion of their rights and
welfare. However, the current plight of day care workers indicates conditions
of abject poverty and long years of government neglect. They do not enjoy
security of tenure and are deprived of benefits enjoyed by other government
employees mandated by law.

Section 9 of Article II of the Constitution directs the State to promote
a just and dynamic social order that will free the people from poverty



through policies that provide adequate social services, promote full
employment, a rising standard of living, and an improved quality of life for
all.

This proposed measure seeks, among other things, to upgrade the
salaries of day care workers, provide them with benefits due them and to
grant them with security of tenure. As public servants, they should be
entitled to social benefits provided for under existing laws and to
compensation commensurate to their duties and responsibilities,

This bill has been passed on Third Reading by the House of
Representative and was transmitted to the Senate for its concurrence during
the 16" Congress. However, due to lack of material time, the measure was
not finally enacted into law.

For the foregoing reasons, the immediate passage of the bill is
earnestly urged

ATTY. ROMEO M| ACOP MNSA
Repfesentative
2" Pistrict, Antipolo City


Republic of the Philippines
House of Representatives
Queson City, Meteo Manila

Seventeenth Congress

First Regular Session

1345

House Bill No.

Introduced by HON. ROMEO M. ACOP

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
Republic of the Philippines in Congress assembled :

SECTION 1. Title. - This Act shall be known as the “Magna Carta of Day
Care 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), 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 II _ 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. Recruitment and Selection/Creation of Special Selection
Board. - Upon publication and posting by the local Human Resource
Management Office (HMRO) 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 HMRO 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.

A Special Personnel Selection Board (SPSB) for day care worker
positions shall be created to screen candidates 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.

The Local Chief Executive, as the appointing authority, shall exercise
sound discretion in selecting from the SPSB-recommended pool the most
qualified for appointment to the day care worker position in a particular day
care center.



SECTION 6. Qualifications, Positions and Salary Grade. - A day care
worker possessing the following qualifications shall be hired to the position
of Day Care Worker I, and entitled to Salary Grade Six (6):

1) Must be of legal age: Provided, That 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
further, That their retention had been recommended by their direct
supervisor.

2) Must have completed at least two (2) years of college education:
Provided, That 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 9 of this Act. The necessary training courses
shall be prescribed by the Department of Social Welfare and
Development (DSWD).

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 Special Protection on Children Against Child
Abuse.

A daycare worker who possesses all the above qualifications, has at
least five (5) years of working experience as such, and has completed more
than twelve (12) hours of relevant training, shall be hired as Day Care
Worker II, and entitled to Salary Grade Eight (8).

Qualifications and exceptions applicable to this Section shall be subject
to conditions imposed by the Civil Service Commission (CSC).



SECTION 7. 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 12 hereof;

b. Hazard Allowance - for being exposed to situations, conditions, or
factors in the workplace which adversely endanger the workers’
health or life, or increase the danger or risk in the exercise of their
duties. Such risk or danger shall be determined by the local
Sangguniang Barangay concerned; and,

c. Subsistence Allowance - for services rendered within the premises of
isolated day care centers equivalent to the meals they take in the
course of their duty, which shall be computed in accordance with
prevailing circumstances as determined by the local Sangguniang
Barangay concerned.

SECTION 8. 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.

o

Right to Self-Organization. -Day care workers shall have the
freedom to organize themselves and under no circumstance may be
dismissed from work on the basis of membership in such
organization;

c. Free Legal Services.- The Public Attorney’s Office (PAO) shall
represent day care workers in cases filed against them «in
connection with the performance of their duties.

2

Free Medical Examination and Treatment.~ Annual medical
examinations shall be provided by government hospitals, free of
charge, to all day care workers. Day care workers suffering from



work-related ailments shall be treated without cost in government
hospitals.

e. Preferential Access to Livelihood, Loans, Grants, and Skills
Enhancement.- The DSWD and the LGUs, in coordination with other
concerned government agencies, shall provide organized day care
workers with a mechanism for accessing livelihood, loans, grants,
and skills enhancement services.

f. Other Benefits - All day care workers shall automatically become
members of the Government Service Insurance System (GSIS), PAG
IBIG, and PHILHEALTH, subject to premium payments by both
employers and employees, and shall be entitled to
maternity/paternity, sick, and vacation leaves as provided for by
existing laws.

SECTION 9. 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.

An equivalency system of education, which shall provide for the
recognition of the actual work experiences and prior learning of day care
workers, shall be adopted by the DepEd, CHED, and TESDA for possible
accreditation into formal academic or training units.

SECTION 10. Support from Non-Government Organizations (NGOs).
- Non-government organizations or private volunteer organizations are
hereby encouraged to assist or support the government in the
implementation of programs and projects for day care workers. As such, all
day care centers are allowed to accept any assistance or support from NGOs.

SECTION 11. Code of Conduct of Day Care Workers. ~ Within six (6)
months upon approval of this Act, the Early Childhood and Development
Council (ECCDC), in consultation with a 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 at the expense of
government.

SECTION 12. 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 may require day care workers
to render services beyond their required working hours during emergency
situations such as natural and man-made calamities.

SECTION 13. Implementing Rules and Regulations. - The DSWD,
ECCDC, and 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 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 (SEF) 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 Philippine Amusement
and Gaming Corporation (PAGCOR) as provided under R.A. 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. Penal Provisions. - Any person who violates any provision
of this Act shall be punished with a fine of not less than Five thousand pesos
(P5,000.00) or imprisonment of not less than one (1) month but not more
than two (2) months, or both, at the discretion of the court.

If the offender is a public official, the offender shall, in addition to the
penalties stated above, be dismissed from government service and shall be
perpetually disqualified from assuming any public office.

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 Barangay-Level Total Development and Protection of Children and
all laws, decrees, rules and regulations, and executive orders contrary to or
inconsistent with this Act, are hereby repealed or modified accordingly.

SECTION 18. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in a newspaper of general
circulation,

Approved.