NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE
S.B. No. 343
72 JUL12 A10S8
RtCEIVtDBV;
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT INSTITUTING THE MAGNA CARTA FOR CHILD DEVELOPMENT 
WORKERS AND PROVIDING FUNDS THEREFOR
EXPLANATORY NOTE
Section 12, Article II of the Constitution provides that the State recognizes the 
sanctity of family life and shall protect and strengthen the family as a basic autonomous 
social institution. It shall equally protect the life of the mother and the life of the unborn 
from conception. The natural and primary right and duty of parents in the rearing of 
the youth for civic efficiency and development of moral character shall receive the 
support of the Government.
Section 18, Article II of the Constitution provides that the State affirms labor as 
a primary social economic force. It shall protect the rights of workers and promote 
their welfare.
In November 1990, Republic Act No. 6972 or the Barangay - Level Total 
Development and Protection of Children Act" was enacted. This law calls for the 
establishment of a day care center in every barangay and of the Total Development 
and Protection Program.
After 10 years, in December 2000, Republic Act No. 8980 or the ECCD Act was 
enacted. This law seeks to promulgate a comprehensive policy and national system for 
Early Childhood Care and Development. These measures promote and safeguard the 
rights of children against all forms of neglect, abuse, cruelty, and other conditions 
prejudicial to their development. More importantly it recognizes the critical 
development stage of childhood from birth to six (6) years of age.
Daycare workers assist parents by tending to the needs of their children while 
they work by preparing meals for children, monitoring them for health, behavioral, and 
emotional concerns, maintaining their hygiene and ensuring that children are learning 
and socializing. They also ensure that the children are in a safe and clean environment. 
In this light daycare workers play a vital role in child development.


This proposed bill seeks to provide daycare workers security of tenure, 
appropriate living wage, and humane working conditions.
In view of the foregoing, the passage of this bill is earnestly sought.
MARIA LOURDES NANCY S. BINAY


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9* i
iT>7'7 c .1 r^ \
NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
of I3i' •iMti.ru
’22 JUL 12 AlO 58
SENATE
Introduced by Senator Maria Lourdes Nancy S. Binay
AN ACT INSTITUTING THE MAGNA CARTA FOR CHILD DEVELOPMENT 
WORKERS AND PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and House of Representatives of the Phiiippines in 
Congress assembied:
SECTION 1. Short Tide. - This Act shall be known as the "Magna Carta forChiid 
Deveiopment Workers."
SEC. 2. Deciaration of Poiicy. - 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 child development 
workers who provide pre-school education and social development services to 
children.
SEC. 3. Coverage. - This Act shall cover all child development workers under 
Republic Act No. 10410, otherwise known as the "Early Years Act 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 
care centers.
SEC. 4. Piantiiia Positions and Security of Tenure in Chiid Deveiopment Centers. 
- At least one (1) Child Development Worker I and one (1) Child Development Worker 
II plantilla positions shall be created in all child development centers nationwide. The 
duly appointed child development workers shall enjoy security of tenure and shall be 
protected and governed by civil service rules and regulations. No child development 
worker shall be removed or transferred from office without just cause, due process, 
or prior consultation with 8 the concerned child development worker.
SEC. 5. Creation of Speciai Personnei Seiection Board. - A Special Personnel 
Selection Board (SPSB) for child development worker positions shall be created to 
screen candidates and create a pool of at least three (3) qualified applicants for 
possible appointment to the subject positions. The SPSB shall be composed of the


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local social welfare and development officer (LSDWO) as chairperson, and the local 
health officer, human resource management officer, and local government unit (LGU) 
first level employees' representative as members.
SEC. 6. Recruitment and Selection. - Upon publication and posting by the 20 
local Human Resource Management Office (HRMO) of vacant permanent child 
development worker positions in particular child development centers, all qualified 
applicants shall submit their application, together with complete requirements, to the 
HRMO for preliminary evaluation; Provided, That all qualified incumbent child 
development workers hired under casual, contractual, and job order employment 
status shall automatically be considered candidates and given priority for appointment 
to permanent child development worker positions.
The local chief executive, as the appointing authority, shall exercise sound 
discretion in appointing, from the SPSB-recommended pool pursuant to Sec. 5 of 30 
this Act, a child development worker in particular child development center.
Under no circumstances shall an applicant be discriminated against on the basis 
of gender, religion, age, status, race, or political affiliation.
SEC. 7. Qualifications, Positions and Salary Grade. - A child development 
worker possessing the following qualifications shall be hired to the position of:
(a) Child Development Worker I, with Salary Grade 6, must 7 possess the
following qualifications:
(1) 
Must be of legal age;
(2) 
Must have completed at least the K-12 Program or two (2) years 
of college education or its equivalent;
(3) 
Must be certified by either the ECCDC council or the deputized 
local Social Welfare and Development Office (LSWDO) 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 19 Act No. 
7610, otherwise known as the "Special Protection of Children 
Against Abuse, Exploitation and Discrimination Act" and other 
similar laws protecting children.
Child development workers legitimately serving as such upon the 
approval of this Act who are above seventeen (17) years old but below eighteen 
(18) years old and does not possess any of the above-stated disqualifications, 
shall continue in service to serve as such and are considered qualified to be


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covered under this Act; Provided, That their retentions had been recommended 
by their direct supervisor on the basis of their performance.
Child development workers who have not completed the K-12 Program 
30 and have no college education upon the approval 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 ECCDC Council.
(b) Child Development Worker II, with Salary Grade 8, must possess the 
same qualifications mentioned in paragraph (A) of this section and must 
have five (5) years of work 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.
SEC. 8. Normal Working Hours. - The normal hours of work of any child 
development worker shall not exceed eight (8) working hours a day or forty (40) 
working hours a week; Provided, that the LSWDO may require child development 
workers to render service beyond their working hours during emergency situations 
such as natural disasters and man-made calamities.
SEC. 9. Code of Conduct of Child Development Workers. - Within six (6) 
months from the approval of this Act, the Early Childhood Care and Development 
Council (ECCDC), in consultation with a national organization of child development 
workers, shall formulate a Code of Conduct for Child Development Workers. Each child 
development worker shall be provided with a copy of the Code at the expense of the 
government.
SEC. 10. Additional Compensation and Allowances. - Child development 
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 - child development workers in rural and urban areas, 
exposed to situations, conditions, or factors in the work environment or 
place where foreseeable but unavoidable danger or risks exist which 
adversely endanger their health or life and/or increase the risk of 
producing adverse effect on their person in the exercise of their duties, 
to be validated by the proper authorities, shall be entitled to hazard 
allowance in an amount to be determined by the LSDWO of the local 
government unit concerned; and
(c) 
Subsistence Allowance - Child development workers who render service 
within the premise of an isolated Child Development Center shall be


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entitled to subsistence allowance 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 government unit 
concerned.
SEC. 11. Right to Self-Organization. - Day care workers shall have the right to 
freely form, join or assist organizations in order to defend and protect their mutual 
interests and to obtain redress of their grievances.
SEC. 12. Other Benefits and Privileges. - Child development workers shall be 
entitled to the following additional benefits and privileges:
(a) 
Married Child Development Workers - Whenever possible, married 
couples who are both child development workers shall be assigned in 
the same municipality or city;
(b) 
Free Legal Services - Legal representation and consultation services for 
child development workers shall be immediately provided by the Public 
Attorney's Office in civil and criminal cases filed by or against child 
development workers arising out of or in connection with the 
performance of their duties as such;
(c) 
Free Medical Examination and Treatment - Annual medical examinations 
shall be provided by government hospitals, free of charge, to all child 
development workers. Child development workers suffering from work- 
related ailments shall be treated without cost in government 
hospitals; and
(d) 
Access to Livelihood, Loans, Grants, and Skills Enhancement - The DSWD 
and the LGUs, in coordination with other concerned government 
agencies, shall provide organized child development workers with a 
mechanism for accessing livelihood, loans, grants, and skills 
enhancement services.
SEC. 13. Training, Education and Skills Enhancement - The ECCDC, in 
coordination with the Commission on Higher Education (CHED) and the Technical 
Education and Skills Development Authority (TESDA), shall provide for a system of 
continuing education, skills training, and knowledge enhancement programs for child 
development workers.
The CHED and TESDA shall adopt an equivalency system of education that shall 
recognize and duly credit the actual work experiences and prior learning of child 
development workers as formal or academic training units.
SEC. 14. Support from Non-governmental Organizations (NGOs), Private 
Volunteer Organizations and Other Private Institutions. - Non-governmental 
organizations or private volunteer organizations, and other private institutions shall be 
encouraged to assist or support the government in the implementation of programs


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and projects for child development workers. Pursuant thereto, all Child Development 
Centers may accept such assistance or support from NGOs.
SEC. 15. Appropriations. - The amount necessary to cover the salaries and 
benefits of child development workers shall be charged from the Internal Revenue 
Allotment (IRA), Special education Fund (SEF), and Gender and Development (GAD) 
Fund of LCDs concerned; Provided, That the national government shall provide 
subsidy for at least one (1) child development worker per center in the fourth, fifth, 
and six class municipalities. A portion of the contribution form 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 be set aside for the purpose.
SEC. 16. Impiementing Ruies andReguiations. - Within six (6) months from the 
approval of this Act, the ECCDC, in consultation with the DSWD and the DILG, shall 
promulgate the necessary rules and regulations to implement the provisions of this 
Act.
SEC. 17. Penai Provisions. - It shall be unlawful to violate the right of any child 
development worker to security of tenure, to deprive them of any rights as provided 
under this law, or condition the same on political support for any public official. Any 
person who violates the provisions of this Act shall be punished with a fine of not less 
than Twenty Thousand Pesos (P20, 000.00) 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.
SEC. 18. Separabiiity Ciause. - If any provision of this Act is declared 
unconstitutional or invalid, other parts or provisions hereof not affected thereby shall 
continue to be in full force and effect.
SEC. 19. Repeaiing Ciause. - Section 6 of Republic Act No. 6972, otherwise 
known as the "Barangay-level Total Development and Protection of Children Act" and 
all laws, executive orders, presidential decrees, presidential proclamations, letters of 
instructions, rules and regulations or parts thereof which are inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly.
SEC. 20. Effectivity Ciause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,