EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
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SENATE 
S. No. 
9 2 4
S enate
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trrtarp
*19 AU6 ^9 P3 58
RECE1Vl* » “.
Introduced by SENATOR C YNTHIA A. VILLA R
AN ACT
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PR O VID IN G  
FUNDS THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
Section 3 (2), Article XV of the 1987 Philippine Constitution states that: "The 
State shall defend the right of children to assistance, including proper care and 
nutrition, and special protection from all forms of neglect, abuse, cruelty, 
exploitation and other conditions prejudicial to their development."
Likewise, in recognizing the role of the youth in nation-building, the State has 
declared it its policy to promote and protect their physical, moral, spiritual, 
intellectual, and social well-being.1 
It is with this mindset that Republic Act No. 
6972, othenwise known as the "Barangay-Level Total Development and Protection of 
Children Act" and Republic Act No. 8980, otherwise known as "Early Childhood Care 
and Development (ECCD) Act" were promulgated.
R.A. No. 6972 concretized the State's recognition of the important role played 
by Day Care Centers in the development of the country's pre-school children while 
R.A. No. 8980 enhances this policy even further by institutionalizing a National 
System for Early Childhood Care and Development (ECCD) that is comprehensive, 
integrative 
and 
sustainable, 
that 
involves 
multi-sectoral 
and 
inter-agency 
collaboration at the national and local levels among government; among service
1 Section 13, Articte II o f the 1987 Philippine Constitution


providers, families and communities; and among the public and private sectors, 
nongovernment organizations, professional associations, and academic institutions.
Relative to these, considering the role that those at the Day Care Centers, the 
day care workers, play in molding the character and personality of the children 
entrusted to them, there is thus a need to address their welfare and the conditions 
of work provided them.
This bill thus guarantees to them security of tenure and provide them with 
the proper compensation befitting the status and role they perform. As they are 
charged with the responsibility of providing our children not only with pre-school 
training but a second family environment, our Day Care Workers should be 
supported in the best way the State could.
In view of the above premises, approval of this bill is earnestly sought.
CYNTHIA A. VTLLAR


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. No. 924
S enate
ol t|jf ^rtrrtarji
'If AUG 19 P3 58
RECEIVtOIT
Introduced by SENATOR CYNTHIA A. VILLAR
AN ACT
GRANTING THE MAGNA CARTA FOR DAY CARE WORKERS, PROVIDING 
FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House o f Representatives in Congress 
assembled:
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Section 1. Short Title. -  This Act shall be known as the "Magna Carta for Day
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Care Workers".
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Sec. 2. Declaration o f State Policy. -  The State recognizes the vital role of
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children and the youth in nation-building and shall promote and protect their
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physical, moral, spiritual, intellectual, and social well-being. Towards this end, it is
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the State's policy to promote and improve the social well-being and economic
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welfare of day care workers who provide pre-school education and social
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development service to the children. The State shall likewise adopt policies that will
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protect the rights and enhance the dignity of day care workers.
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Sec. 3. Coverage. -  This Act shall cover all persons engaged in the provision
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of Early Child Development in government-sponsored day care centers whose
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primary function is to assist in the provision of care, social development, education
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and other needs of the children.
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Sec. 4. Qualification. -  A Day Care Worker must be of legal age, possesses at
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least a career sub-profession eligibility and must have training in Early Childhood
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Care and Development; Provided, however, that an incumbent day care worker who


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has been serving for the last five (5) years upon approval of this Act and who does 
not meet the prescribed educational qualification standard shall not be disqualified, 
Provided, further, that such day care worker shall complete the Day Care Worker 
training course provided by Department of Social Welfare and Development (DSWD) 
within one (1) year from 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 circumstances shall 
an applicant for the position of Day Care Worker be discriminated against on the 
basis of gender, religion, age, status, race or political affiliation.
to:
Sec. 6. Salary. -  A qualified Day Care Worker shall receive a salary equivalent
Level 1 -  High School graduate level to below second year college and 
length or service of at least five (5) years shall receive the salary equivalent 
to salary grade 6;
Level 2 -  Second year college level shall receive salary equivalent to 
salary grade 8; and
Level 3 -  College graduate level shall receive salary equivalent to 
salary grade 10.
Sec. 7. Working Hours. -  A qualified 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 municipal social welfare officer may require a Day Care Worker to 
render services beyond his/her required working hours during emergency situations 
such as natural and manmade calamities.
Sec. 8. Additional Compensation and Allowances. -  Qualified Day Care 
Workers shall be provided additional compensation for services rendered beyond the 
required working hours.
Day Care Workers assigned to hazardous places shall be given hazard pay.
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Sec. 9. Married Day Care Workers. -  Whenever possible, married couples
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who are both Day Care Workers shall be assigned in the same municipality or city.


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Sec. 10. Transfer and Tenure o f Office. -  No Day Care Worker shall be
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transferred from one center to- another without his/her prior knowledge and/or
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consent. As provided under existing laws, no Day Care Worker shall be terminated
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from work without due cause.
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Sec. 11. Leave Benefits. -  
As provided for in existing laws, a Day Care
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Worker is entitled to maternity/paternity, sick, and vacation leaves. Day Care
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Workers with outstanding performance based on evaluation may avail of study
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leave.
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Sec. 12. Free Medical Examination and Treatment -  Pre-employment and
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annual medical examinations shall be provided by government hospitals, free of
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charge, to all Day Care Workers. Day Care Workers suffering from work-related
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ailments shall be treated free of charge in government hospitals.
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Sec. 13. Insurance and Retirement Benefits. -  Qualified Day Care Workers
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shall automatically become members of the Government Service Insurance System
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(GSIS). Day Care Workers, having fulfilled service requirements of the applicable
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retirement laws, shall be given a one-step salary grade increase upon retirement
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which shall be the basis of computation of retirement pay and other retirement
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benefits.
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Sec. 14. Freedom to Organize. -  Day Care Workers shall have the freedom to
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organize themselves without prior communications with the local government units
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to which they are assigned. Organizations of Day Care Workers shall be consulted in
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the formulation of national policies and programs that will benefit the sector. Under
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no circumstance shall any Day Care Worker be dismissed on the basis of his/her
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membership in any organization of Day Care Workers.
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Sec. 15. Code o f Conduct for Day Care Workers. -  Within six (6) months upon
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approval of this Act, the Department of Social Welfare and Development (DSWD), in
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consultation with the national organization of Day Care Workers, shall formulate a
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Code of Conduct for Day Care Workers. Each Day Care Worker shall be provided a
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copy of the Code.


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Sec. 16, Support from Non-Government Organizations. -  Non-government
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organizations or private volunteer organizations are hereby encouraged to assist the
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government in the implementation of programs and projects for Day Care Workers.
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Sec. 17. Implementing Rules and Regulations. -  The Department of Interior
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and Local Government (DILG) and DSWD, in consultation with the Civil Service
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Commission (CSC) and the national organization of Day Care Workers shall
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formulate the rules and regulations necessary to implement the provisions of this Act
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within six (6) months from its effectivity.
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Sec. 18. Appropriations. -  Salaries and benefits of Day Care Workers shall be
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charged to the local government units concerned. Training needs of Day Care
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Workers shall be charged to the annual appropriations of the DSWD.
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Sec. 19. Pena! Provisions. -  Any person who violates the provisions of this Act
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shall be punished with a fine of not less than Fifty Thousand Pesos (P50,000.00)
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and/or imprisonment of not less than six (6) months but not more than one (1)
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month, or both at the discretion of the Court.
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If the offender is a public official, he/she shall, in addition to the penalties
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stated above, be dismissed from government service.
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Sec. 20. Separability Clause. 
-  If any portion or provision of this Act is
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declared unconstitutional or invalid, the remainder of this Act or any provisions
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hereof not affected thereby shall continue to be in force and effect.
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Sec. 21. Repealing Clause. 
-  Any law, presidential decree or issuance,
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executive order, letter of instruction, rule or regulation inconsistent or contrary to
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the provisions of this Act is hereby repealed or modified accordingly.
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Sec. 22. Effectivity Clause. -  This Act shall take effect after fifteen (15) days
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following its complete publication in the Official Gazette or a newspaper of general
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circulation.
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Approved,