FIFTEENTH CONGRESS r}
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

693

House Bill No.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

EXPLANATORY NOTE

This bill seeks to provide more benefits and greater protection to teachers and
non-teaching personnel all over the country by strengthening and amending certain
provisions of Republic Act No. 4670 or the Magna Carta for Public School Teachers.

Teachers are indeed invaluable to our society. Their responsibility in molding
the values and character of the young generation of the country cannot be
overestimated, Aside from educating our children, teachers are likewise the most
reliable and dedicated public servants. They are being constantly called upon by
officials of the local and national government to assist in various extra-curricular and
civic activities which contribute to the welfare of the community and the country,
most notable of which is when they guard the precincts and count the votes during
election period.

As of school year 2005-2006, there are 341,789 public elementary school
teachers teaching at 37,000 public elementary schools with 12,913,845 elementary
school enrollees. In the same school year, the teacher-pupil ratio is 1:35. In the
secondary level, there are 126,141 public secondary schools teaching at 4,915
public secondary schools with 4,979,030 secondary student enrollees. This
translates to a teacher-student ratio of 1:39.

A public school teacher in the entry level receives a salary of P9,939.00.
Compared to their counterparts in the private sector, who receive an average
monthly wage rate of P14,991 based on Department of Labor figures, public school
teachers are indeed among the lowest paid government workers considering the
nature and importance of the services they render.

To stress their importance to society, teachers are given substitute and
special parental authority under our laws. Article 218 of the Family Code states that
the school, its administrators and teachers shall have special parental authority and

responsibility over the minor child while under their supervision, instruction or
custody


It is imperative therefore that to attract the most competent and efficient to the
teaching profession, government must provide compensation and benefits
commensurate to the work they perform and the contribution they make to the
society,

This bill addresses that need by providing for security of tenure to teachers,
payment of their salaries as well as those of non-teaching personnel on a monthly
basis regardless of semestral or summer vacations, annual salary increase or
adjustment to mitigate the effects of inflation, and other measures that will protect the
rights and promote the welfare of our public school teachers. This bill also provides
for gratuity benefit for teachers and non-teaching personnel who choose to retire
before reaching the compulsory retirement age of 60 and have rendered not less
than two (2) years service.

This proposed measure likewise guarantees their rights to self-organization
and to collective bargaining in accordance with ILO Convention numbered 87 and
98. It also grants teachers and employees’ organizations, whether independent or
federated, the right to negotiate directly with school owners and administrations.

Furthermore, this bill mandates the formulation of a Code of Professional
Conduct for the Teaching Profession to further promote the professionalization of the
profession and encourage unity among teachers and non-teaching personnel.
Finally, this bill makes it obligatory for all schools and learning institutions offering
education as a course to teach this Magna Carta as part of the course requirement.

To the teachers, the State owes absolute fidelity to the protection of their
rights and the promotion of their welfare.

In view of the foregoing, the passage of this bill is earnestly sought.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
First Regular Session )

HOUSE OF REPRESENTATIVES

nan 693

House Bill No.

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

AN ACT
PROVIDING FOR SECURITY OF TENURE, CODE OF CONDUCT AND
ADDITIONAL BENEFITS TO TEACHERS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 4670, OTHERWISE KNOWN AS THE MAGNA CARTA FOR
PUBLIC SCHOOL TEACHERS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

BOOK!
GENERAL PROVISIONS

CHAPTER 1
PRELIMINARY MATTERS

[I DECLARATION OF POLICY COVERAGE]

Sec. 1, Declaration of Policy. It is hereby declared to be the policy of this Act
to promote and ADVANCE [improve] the social [and] economic AND
PROFESSIONAL status of [public school] teachers AND NON-TEACHING
PERSONNEL IN ORDER TO ENSURE THAT THEY ENJOY THE STATUS AND
BENEFITS COMMENSURATE TO THEIR INVALUABLE ROLE IN NATIONAL
DEVELOPMENT, AND THAT THEY MAY COMPARE FAVORABLY WITH OTHER
PROFESSIONALS IN THE SERVICE SECTOR OF SOCIETY. [, their living and
working conditions, their terms of employment and career prospects in order that
they may compare favorably with existing opportunities in other walks of life, attract
and retain in the teaching profession more people with the proper qualifications, it
being recognized that advance in education depends on the qualifications and ability
of the teaching staff and that education is an essential factor in the economic growth
of the nation as a productive investment of vital importance. }

Sec. 2. Title [Definition]. This Act shall be known as the [’Magna Carta for
Public School Teachers" and shall apply to all public school teachers except those in
the professorial staff of state colleges and universities.] INTEGRATED MAGNA
CARTA OF TEACHERS AND NON-TEACHING PERSONNEL OF 2010.


As used in this Act, the term “teacher” shall mean all persons engaged in
classroom teaching, in [any] ALL level of instruction, on full-time OR PART TIME
basis, including guidance counselors, school librarians, industrial arts or vocational
instructors, [and all other persons performing supervisory and/or administrative
functions in all schools, colleges and universities operated by the Government or its
political subdivisions; but shall not include school nurses, school physicians, school
dentists, and other school employees] THE TERM ‘“NON-TEACHING
PERSONNEL” SHALL REFER TO ALL EMPLOYEES IN THE EDUCATION
SERVICE, REGARDLESS OF THE NATURE OF THEIR WORK AND STATUS OF
EMPLOYMENT AND INCLUDING EMPLOYEES IN THE DEPARTMENT OF
EDUCATION.

SECTION 3. APPLICABILITY. - ALL RIGHTS AND BENEFITS GRANTED
TO TEACHERS AND NON-TEACHING PERSONNEL UNDER THIS ACT SHALL,
EXCEPT AS MAY OTHERWISE BE PROVIDED HEREIN, APPLY ALIKE TO ALL
TEACHERS AND NON-TEACHING PERSONNEL IN ALL LEVELS OF PUBLIC
AND PRIVATE SCHOOLS, AND STATE UNIVERSITIES AND COLLEGES.

SECTION 4, CONSTRUCTION IN FAVOR OF TEACHERS AND NON-
TEACHING PERSONNEL. - ALL DOUBTS IN THE IMPLEMENTATION AND
INTERPRETATION OF THE PROVISIONS OF THIS ACT INCLUDING ITS
IMPLEMENTING RULES AND REGULATIONS SHALL BE RESOLVED IN FAVOR
OF THE TEACHERS AND NON-TEACHING PERSONNEL.

BOOK TWO
EMPLOYMENT STANDARDS

[ll. RECRUITMENT AND CAREER]

Sec. [3] 5. Recruitment and Qualification. Recruitment policy with respect to the
selection and appointment of teachers shall be clearly defined by the Department of
Education [Culture and Sports]: Provided, however, That effective upon the
approval of this Act, the following shall constitute the minimum educational
qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's
degree in Elementary Education (B.S.£.£D.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or
its equivalent with a major and a minor; or a Bachelor's degree in Arts or
Science with at least eighteen professional units in Education.

(©) For teachers of secondary vocational and two years technical courses,
Bachelor's degree in the field of specialization with at least eighteen
professional units in education;

(d) For teachers of ACADEMIC courses on the [collegiate] COLLEGE level,
other than vocational,] master’s degree with a specific area of
specialization []. THEY SHALL TEACH ONLY THEIR MAJOR FIELD
ANDIOR ALLIED SUBJECTS.


[Provided, further, That in the absence of applicants who possess the
minimum educational qualifications as hereinabove provided, the school
superintendent may appoint, under a temporary status, applicants who do not meet
the minimum qualifications: Provided, further, That should teacher-applicants,
whether they possess the minimum educational qualifications or not, be required to
take competitive examinations, preference in making appointments shall be in the
order of their respective ranks in said competitive examinations: And provided,
finally, That the results of the examinations shall be made public and every applicant
shall be furnished with his score and rank in said examinations. ]

PROVIDED, HOWEVER, THAT IN CASES OF DIFFICULTY IN COMPLYING
WITH THE ABOVE PROVISION IN PRIVATE SCHOOLS, EXEMPTION MAY BE
REQUESTED FROM THE SECRETARY OF DEPARTMENT OF EDUCATION,
AND IN THE CASE OF STATE UNIVERSITIES AND COLLEGES, FROM THE
COLLEGE OR UNIVERSITY PRESIDENT THROUGH THE OFFICE OF
ACADEMIC AFFAIRS: PROVIDED, FURTHER, THAT NOT LESS THAN EIGHTY
PERCENT (80%) OF THE TOTAL WORKING FORCE IN THE COLLEGIATE
LEVEL SHALL POSSESS MASTERAL DEGREE: PROVIDED, FURTHERMORE,
THAT TEACHERS IN PRIVATE SCHOOLS, COLLEGES AND UNIVERSITIES
WHO WERE HIRED WITHOUT THE NECESSARY QUALIFICATIONS AS
HEREINABOVE SET FORTH SHALL BE GIVEN A GRACE PERIOD OF AT
LEAST THREE (3) YEARS WITHIN WHICH TO QUALIFY.

IN THE ABSENCE OF APPLICANTS IN THE ELEMENTARY AND
SECONDARY PUBLIC SCHOOLS WHO POSSESS THE MINIMUM
EDUCATIONAL QUALIFICATIONS AS HEREINABOVE PROVIED, THE SCHOOL
SUPERINTENDENT MAY APPOINT UNDER A TEMPORARY STATUS,
APPLICANTS WHO DO NOT MEET THE MINIMUM QUALIFICATIONS:
PROVIDED, HOWEVER, THAT SHOULD TEACHER-APPLICANTS, WHETHER
THEY POSSESS THE MINIMUM QUALIFICATION OR NOT, BE REQUIRED TO
TAKE COMPETITIVE EXAMINATIONS, PREFERENCE IN MAKING
APPOINTMENTS SHALL BE IN ORDER OF THEIR RESPECTIVE RANKS IN
SAID COMPETITIVE EXAMINATIONS: AND PROVIDED, FURTHER, THAT THE

APPLICANT SHALL BE FURNISHED WITH HIS SCORE AND RANK IN
EXAMINATIONS.

WHEN VACANCIES OCCUR IN THE TEACHING FORCE OF THE SCHOOL
DURING THE SCHOOL YEAR, SUBSTITUTES OR REPLACEMENTS WITH
‘SIMILAR OR HIGHER QUALIFICATIONS SHALL BE EMPLOYED.

Sec. [4] 6. Probationary Period. [When recruitment takes place after adequate
training and professional preparation in any school recognized by the Government,
no probationary period preceding regular appointment shall be imposed if the
teacher possesses the appropriate civil service eligibility: Provided, however, That
where, due to the exigencies of the service, it is necessary to employ as teacher a
person who possesses the minimum educational qualifications herein above set forth
but lacks the appropriate civil service eligibility, such person shall be appointed on a
provisional status and shall undergo a period of probation for not less than one year
from and after the date of his provisional appointment] THE DURATION OF


PROBATION AND THE CONDITIONS FOR ITS SATISFACTORY COMPLETION
SHALL BE MADE KNOWN IN ADVANCE TO THE TEACHER-APPLICANT AND
THE SAME SHALL BE EXPRESSLY STIPULATED IN THE APPOINTMENT
PAPERS.

A. PUBLIC SCHOOLS - WHEN RECRUITMENT TAKES PLACE AFTER
PROOF OF ADEQUATE TRAINING AND PROFESSIONAL
PREPARATION IN A SCHOOL RECOGNIZED BY THE GOVERNMENT
TO GIVE THE SAME, NO PROBATIONARY PERIOD PRECEDING
REGULAR EMPLOYMENT SHALL BE IMPOSED IF THE TEACHER
POSSESSES THE APPROPRIATE CIVIL SERVICE ELIGIBILITY,
PROVIDED, HOWEVER, THAT IF IT IS NECESSARY TO EMPLOY AS A
TEACHER A PERSON WHO POSSESSES THE MINIMUM
EDUCATIONAL QUALIFICATIONS HEREINABOVE SET FORTH BUT
LACKS THE APPROPRIATE CIVIL SERVICE ELIGIBILITY, SUCH
PERSON SHALL BE APPOINTED ON A PROVISIONAL STATUS AND
SHALL UNDERGO A PERIOD OF PROBATION OF ONE SCHOOL
YEAR FROM THE DATE OF HIS PROVISIONAL APPOINTMENT.

B. PRIVATE SCHOOLS - THE PROBATIONARY PERIOD FOR PRIVATE
SCHOOLS SHALL BE ONE SCHOOL YEAR.

C. STATE UNIVERSITIES AND COLLEGES — INSTRUCTORS IN STATE
UNIVERSITIES AND COLLEGES SHALL SERVE A PROBATIONARY
PERIOD OF ONE SCHOOL YEAR.

TEACHERS WHO HAVE SATISFACTORILY PASSED THE
CORRESPONDING PROBATIONARY PERIOD SHALL BE ISSUED PERMANENT
APPOINTMENT, PROVIDED, HOWEVER, THAT DURING THE PROBATIONARY
PERIOD, REGULAR EVALUATION OF THEIR PERFORMANCE SHALL BE
MADE BY THE ADMINISTRATION, PEERS AND STUDENTS IN ACCORDANCE
WITH THE CRITERIA JOINTLY ESTABLISHED BY THE ADMINISTRATION AND
THE TEACHER'S ORGANIZATIONS.

COMPLETION OF MASTERAL DEGREE FOR COLLEGE INSTRUCTORS,
WHETHER IN PRIVATE OR STATE UNIVERSITIES AND COLLEGES, SHALL BE
REQUIRED ONLY FOR PROMOTION TO THE POSITION OF ASSISTANT
PROFESSOR AND NOT FOR TENURE AT THE INSTRUCTOR LEVEL.

Sec. [5] 7. Tenure of Office. Stability on employment and security of tenure shall be
assured the teachers [as provided under existing laws]. NO PERMANENT
TEACHER SHALL BE TERMINATED EXCEPT FOR JUST CAUSES AS
PROVIDED BY LAW, AND AFTER DUE PROCESS. IN THE CASE OF A
PROBATIONARY TEACHER, HIS SERVICES MAY BE TERMINATED ONLY FOR
JUST CAUSE OR WHEN HE FAILS TO QUALIFY AS A PERMANENT TEACHER
IN ACCORDANCE WITH REASONABLE STANDARDS STIPULATED IN HIS
APPOINTMENT PAPERS AND AFTER DUE PROCESS.

A TEACHER OR NON-TEACHING PERSONNEL WHO IS UNJUSTLY
DISMISSED FROM THE SERVICE SHALL BE ENTITLED TO REINSTATEMENT


WITHOUT LOSS OF SENIORITY RIGHTS AND TO BACK WAGES COMPUTED
FROM THE TIME COMPENSATION WAS WITHHELD UP TO THE TIME OF
ACTUAL REINSTATEMENT.

Subject to the provisions of Section [three] 6 (A) hereof, teachers appointed
on a provisional status for lack of necessary civil service eligibility shall be extended
permanent appointment for the position he is holding after having rendered at least
[ten] THREE (3) years of [continuous,] ACCUMULATED efficient and faithful service
in such position.

Sec. [6] 8. Consent for Transfer [Transportation Expenses.] Except for cause and as
herein otherwise provided, no PUBLIC SCHOOL teacher shall be transferred without
his EXPRESSED consent IN WRITING from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station
to another, such transfer may be effected by the school superintendent who shall
previously notify the teacher concerned of the transfer and the reason or reasons
therefor. If the teacher believes there is no justification for the transfer, he may
appeal his case to the Director of Public Schools or the Director of Vocational
Education, as the case may be WHO SHALL RENDER A DECISION WITHIN ONE
(1) WEEK FROM RECEIPT OF THE APPEAL. Pending his appeal and the decision
thereon, his transfer shall be held in abeyance: Provided, however, That no transfers
whatever shall be made WITHIN three months before any local or national election.

[Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.]

NO TEACHER WHETHER IN PRIVATE OR PUBLIC SCHOOLS OR STATE
UNIVERSITIES AND COLLEGES SHALL BE TRANSFERRED FROM ONE
POSITION TO ANOTHER IN WHICH HE LACKS QUALIFICATION, SKILLS AND
EXPERIENCE.

A TEACHER SUBJECT OF A VALID TRANSFER SHALL NOT SUFFER ANY
DIMINUTION IN RANK AND IN PAY. SHOULD HE BE TRANSFERRED TO A
HIGHER-PAYING POSITION, HE SHALL BE ENTITLED TO THE SALARIES AND
BENEFITS PERTAINING TO THAT POSITION.

Sec. 9. ADVANCEMENT AND PROMOTION — SUBJECT TO THE NECESSARY
QUALIFICATIONS, TEACHERS SHALL BE ASSURED OPPORTUNITIES TO
MOVE FROM ONE TYPE OR LEVEL OF SCHOOL TO ANOTHER WITHIN THE
EDUCATION SERVICE. IN CASE OF TRANSFER OF A PERMANENT TEACHER
HE/SHE SHALL RETAIN HIS/HER PERMANENT STATUS.

Sec. 10. ADVANCEMENT AND PROMOTION -TEACHERS AND NON-TEACHING
PERSONNEL SHALL BE ASSURED OPPORTUNITIES TO MOVE FROM ONE
TYPE OR LEVEL OF SCHOOL TO ANOTHER WITHIN THE EDUCATION
SERVICE. IN CASE OF TRANSFER OF A PERMANENT TEACHER HE/SHE
SHALL RETAIN HIS/HER PERMANENT STATUS.


PROMOTION SHALL BE BASED ON AN OBJECTIVE ASSESSMENT OF
THE TEACHER’S QUALIFICATIONS FOR THE NEW POST BY REFERENCE TO
STRICTLY PROFESSIONAL CRITERIA LAID DOWN IN CONSULTATION WITH
TEACHER'S ORGANIZATIONS.

Sec. 11. RANKING OF FACULTY MEMBERS. ~ FACULTY MEMBERS SHALL BE
ASSIGNED ACADEMIC RANKS IN ACCORDANCE WITH THEIR ACADEMIC
TRAINING AND EDUCATIONAL ATTAINMENT. CRITERIA FOR RANKING
SHALL BE PERFORMANCE-DETERMINED IN COLLABORATION WITH
TEACHER’S ORGANIZATIONS. RANKING SHALL BE PERFORMANCE-
ORIENTED.

A NEW MEMBER OF THE FACULTY IN THE COLLEGIATE LEVEL SHALL
BEGIN AS INSTRUCTOR: PROVIDED, HOWEVER, THAT HE MAY BE
APPOINTED AS ASSISTANT PROFESSOR, ASSOCIATE PROFESSOR, OR
PROFESSOR OR ANY OTHER’ HIGHER RANK, IF SUCH
APPOINTMENT/DESIGNATION IS WARRANTED BY HIS EXPERIENCE,
TRAINING AND SCHOLARSHIP CREDENTIALS.

Sec. 12. Academic Freedom. - ALL [T]teachers IN ALL LEVELS OF
INSTRUCTION FROM GRADE SCHOOL THROUGH COLLEGE shall enjoy
academic freedom in the discharge of their professional duties, particularly with
regard to THE CHOICE OF teaching AIDS, [and classroom methods. ] METHODS,
TECHNIQUES AND TEXTBOOKS, AND OTHER REFERENCE MATERIALS.

IN PARTICULAR, THE CONCEPT OF TEACHER'S ACADEMIC FREEDOM,
SUBJECT TO CONSTITUTIONAL LIMITATIONS AND SAFEGUARDS, AND WITH
THE GROWTH AND DEVELOPMENT OF THE STUDENTS AS PRIORITY, SHALL
CONSIST OF THE FOLLOWING RIGHTS:

A. THE TEACHER'S FREEDOM IN THE EXPLANATION OF HIS SUBJECT
IN THE CLASSROOM OR IN SPEECHES AND PUBLICATIONS AS HE
MAY DEEM FIT AND APPROPRIATE

B. THE TEACHER'S FREEDOM IN THE CHOICE OF SUBJECTS OF
RESEARCH AND INVESTIGATION UNDERTAKEN ON HIS OWN
INITIATIVE

C. THE TEACHER’S RIGHT TO CHOOSE TEXTBOOKS AND OTHER
REFERENCE SUPPLEMENTARY INSTRUCTIONAL MATERIALS
DEEMED FIT FOR A PARTICULAR SUBJECT OR DISCIPLINE

TEACHERS IN AUTONOMOUS REGIONS IN THE PHILIPPINES IN THE
EXERCISE OF ACADEMIC FREEDOM, MAY ADOPT, DEVELOP AND IMPROVE
INDIGENOUS WAYS OF LEARNING ON KNOWLEDGE, SKILLS, CUSTOMS AND
EXPERIENCE IN SO FAR AS THIS MAY PRESERVE AND ENCOURAGE
CULTURAL IDENTITY OF THE PEOPLE IN THE REGION, PROPAGATE
NATIONAL CONSCIOUSNESS, DEVELOP CRITICAL THINKING AND PROMOTE
THE NATIONAL INTERESTS OF THE FILIPINO PEOPLE.


ANY SYSTEM OF EVALUATION OR SUPERVISION SHALL BE DESIGNED
TO ENCOURAGE AND ASSIST TEACHERS IN THE PERFORMANCE OF THEIR
PROFESSIONAL TASKS AND SHALL NOT DIMINISH THEIR FREEDOM,
INITIATIVE AND RESPONSIBILITY.

Sec. 13. WORKLOAD AND Teaching Hours. [Any teacher engaged in actual
classroom instruction shall not be required to render more than six hours of actual
classroom teaching a day, which shall be so scheduled as to give him time for the
preparation and correction of exercises and other work incidental to his normal
teaching duties: Provided, however, That where the exigencies of the service so
require, any teacher may be required to render more than six hours but not
exceeding eight hours of actual classroom teaching a day upon payment of
additional compensation at the same rate as his regular remuneration plus at least
twenty-five per cent of his basic pay.] - EXCEPT AS OTHERWISE PROVIDED
HEREIN, THE REGULAR FULL TIME LOAD OF A FACULTY MEMBER SHALL
BE TWELVE (12) HOURS PER WEEK WITH TWO HOURS PREPARATION IN
LINE WITH THE TEACHER’S MAJOR SUBJECT OR AREA OF EXPERTISE. ANY
TEACHING ASSIGNMENT IN EXCESS OF THIS NUMBER SHALL BE PAID AN
ADDITIONAL COMPENSATION AT THE SAME RATE AS HIS REGULAR
REMUNERATION PLUS AT LEAST TWENTY-FIVE (25%) OF HIS BASIC PAY.

THE TEACHING LOAD PRESCRIBED ABOVE MAY, HOWEVER, BE
REDUCED IN CASE A MEMBER OF THE FACULTY IS OCCUPIED EITHER IN
RESEARCH, CREATIVE WRITING, OR OTHER PRODUCTIVE SCHOLARSHIP,
OR IS ASSIGNED TO PERFORM ADMINISTRATIVE OR COMMITTEE WORK IN
WHICH CASE THE DEAN OR DIRECTOR MAY RECOMMEND THE
APPROPRIATE TEACHING LOAD: PROVIDED, HOWEVER, THAT THE TOTAL
WORKING HOURS SPENT ON BOTH TEACHING AND ADMINISTRATIVE OR
OTHER DUTIES SHALL NOT EXCEED FIFTEEN (15) HOURS PER WEEK.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to
the contrary, co-curricula and [out of school] OFF CAMPUS activities and any other
activities [outside] BEYOND of what is defined as normal duties of [any] A teacher
THAT WILL MAKE HIM WORK LONGER THAN HIS REGULAR WORKLOAD shall
be paid THE REGULAR COMPENSATION FOR THE ACTUAL HOURS WORKED
PLUS an additional compensation of at least twenty-five per cent of his regular

remuneration [after the teacher has completed at least six hours of actual classroom
teaching a day. ]

[In the case of other teachers or school officials not engaged in actual classroom
instruction, any work performed in excess of eight hours a day shall be paid an

additional compensation of at least twenty-five per cent of their regular
remuneration ]

[The] [alAgencies utilizing the services of PUBLIC teachers shall pay the additional
compensation required under this section. Education authorities shall refuse to allow
the rendition of services of PUBLIC SCHOOL teachers for other government
agencies without the assurance that the teachers shall be paid the remuneration
provided for under this section.


Sec. [19] 15. Special Hardship Allowances. In areas in which teachers are exposed
to hardship such as difficulty in commuting to the place of work or other hazards
peculiar to the place of employment, as determined by the Secretary of Education,
they shall be compensated special hardship allowances equivalent to at least twenty-
five per cent of their monthly salary.

CHAPTER II
NON-ACADEMIC PERSONNEL

Sec. 16. SELECTION AND HIRING — RECRUITMENT POLICY WITH RESPECT
TO THE SELECTION AND HIRING OF NON-TEACHING PERSONNEL SHALL BE
DETERMINED BY THE SCHOOL AUTHORITIES IN CONSULTATION WITH
REPRESENTATIVES OF THE EMPLOYEES

Sec. 17. SECURITY OF TENURE - STABILITY OF EMPLOYMENT AND
SECURITY OF TENURE SHALL BE ASSURED THE NON-TEACHING
PERSONNEL. NO PERMANENT NON-TEACHING PERSONNEL SHALL BE
TERMINATED EXCEPT FOR JUST CAUSE AS PROVIDED BY LAW AND AFTER
DUE PROCESS. IN THE CASE OF A PROBATIONARY EMPLOYEE, HIS
SERVICES MAY BE TERMINATED ONLY FOR JUST CAUSE OR WHEN HE
FAILS TO QUALIFY AS A PERMANENT NON-TEACHING EMPLOYEE IN
ACCORDANCE WITH REASONABLE STANDARDS STIPULATED IN HIS
APPOINTMENT PAPERS AND AFTER DUE PROCESS.

A _NON-TEACHING EMPLOYEE WHO IS UNJUSTLY DISMISSED FROM
THE SERVICE SHALL BE ENTITLED TO REINSTATEMENT WITHOUT LOSS OF
SENIORITY RIGHT AND TO BACKWAGES FROM THE TIME OF HIS ACTUAL
REINSTATEMENT.

Sec. 18 WORKLOAD AND WORKING HOURS — WORKING HOURS OF NON-
TEACHING PERSONNEL SHALL NOT EXCEED SEVEN (7) HOURS A DAY. ANY
EMPLOYEE WHO HAS SUFFERED OR IS REQUIRED TO WORK BEYOND THE
REGULAR WORKING HOURS SHALL BE PAID AN ADDITIONAL
COMPENSATION EQUIVALENT TO HIS REGULAR RATE PLUS AT LEAST
TWENTY-FIVE PERCENT (25%) THEREOF.

Sec. 19. RANKING AND PROMOTION — SUBJECT TO THE NECESSARY
QUALIFICATIONS, NON-TEACHING PERSONNEL SHALL BE ASSURED
OPPORTUNITIES TO MOVE FROM ONE TYPE OR LEVEL OF SCHOOL TO
ANOTHER WITHIN THE EDUCATION SERVICE. IN CASE OF TRANSFER OF A

PERMANENT EMPLOYEE, HE/SHE SHALL RETAIN HIS/HER PERMANENT
STATUS.

Sec. 20. TRANSFER FOR TEACHING POSITION —- A PERMANENT EMPLOYEE
WHO IS TRANSFERRED TO A TEACHING POSITION SHALL BE REQUIRED TO
UNDERGO A NEW PROBATIONARY APPOINTMENT.


Sec. 21. ADDITIONAL COMPENSATION - NOTWITHSTANDING ANY
PROVISION OF EXISTING LAW TO THE CONTRARY, ANY ACTIVITY BEYOND
HIS OR HER REGULAR DUTIES AND WILL MAKE HIM WORK LONGER THAN
HIS REGULAR WORKLOAD SHALL BE PAID AN ADDITIONAL
COMPENSATION OF AT LEAST TWENTY-FIVE PERCENT (25%) OF HIS
REGULAR COMPENSATION.

CHAPTER Ill

EMPLOYMENT CONDITIONS AND BENEFITS.
COMMON TO TEACHERS AND NON-TEACHING PERSONNEL

[Ill. HOURS OF WORK AND REMUNERATION]

Sec, [15] 22. Criteria for Salaries. Teacher's AND EMPLOYEES! salaries shall
correspond to the following criteria

(a) they shall compare favorably with those paid in other occupations
requiring equivalent or similar qualifications, training and abilities;

(b) they shall be such as to insure teachers AND NON-TEACHING
PERSONNEL a reasonable standard of [life] LIVING for themselves
and their families; and

(©) they shall be properly graded so as to recognize the fact that certain
positions require higher qualifications and greater responsibility than
others: Provided, however, That the general salary scale shall be such
that the relation between the lowest and highest salaries paid in the
profession will be of reasonable order. Narrowing of the salary scale
shall be achieved by raising the lower end of the salary scales relative
to the upper end []

(D) THEY SHALL MOTIVATE TEACHERS TO ACCELERATE THE
IMPROVEMENT OF THEIR PEDAGOGIC QUALIFICATIONS, AND
NON-TEACHING PERSONNEL TO _ INCREASE THEIR
KNOWLEDGE AND COMPETENCIES NECESSARY FOR
EFFICIENT AND EFFECTIVE SERVICE;

(E) SALARIES OF PRIVATE SCHOOL TEACHERS AND NON-
TEACHING PERSONNEL SHALL COMPARE FAVORABLY WITH
THOSE OF PUBLIC SCHOOL AND STATE UNIVERSITY AND
COLLEGE TEACHERS AND EMPLOYEES

Sec. 23. SALARIES PAID ON MONTHLY BASIS - THE PROVISION OF ANY
EXISTING LAW TO THE CONTRARY NOTWITHSTANDING, SALARIES OF
TEACHERS AND NON-TEACHING PERSONNEL SHALL BE PAID ON MONTHLY
BASIS FOR A PERIOD OF TWELVE (12) MONTHS REGARDLESS OF
SEMESTRAL OR SUMMER VACATIONS. FOR THIS PURPOSE, MONTHLY


BASIS SHALL MEAN THAT TEACHERS AND NON-TEACHING PERSONNEL
SHALL BE CONSIDERED PAID FOR ALL THE DAYS OF THE MONTH
INCLUDING REST DAYS AND HOLIDAYS.

TEACHERS WHO ARE REQUIRED TO WORK DURING SEMESTRAL OR
SUMMER VACATIONS SHALL BE PAID AN ADDITIONAL COMPENSATION ON
APRO RATA BASIS

Sec. [16] 24. ANNUAL Salary Scale REVIEW AND ADJUSTMENT. Salary [scales]
of teachers shall BE INCREASED ANNUALLY; PROVIDED, THAT THE AMOUNT
OF INCREASE SHALL BE THAT AMOUNT RECOMMENDED BY THE
DEPARTMENT OF EDUCATION, IN COORDINATION WITH THE DEPARTMENT
OF BUDGET AND MANAGEMENT, AFTER CONDUCTING A REVIEW OF THE
SALARY SCALES OF TEACHERS, FOR THE PURPOSE OF MITIGATING THE
EFFECTS OF INFLATION [provide for gradual progression from a minimum to a
maximum salary by means of regular increments, granted automatically after three
years]: Provided, FURTHER, That the efficiency rating of the teacher concerned is at
ieast satisfactory. [The progression from the minimum to the maximum of the salary
scale shall not extend over a period of ten years.]

Sec. [21] 25. Deductions Prohibited. No person shall make any deduction
whatsoever from the salaries of teachers AND EMPLOYEES except under specific
authority of law [authorizing such deductions: Provided, however, That upon written
authority executed by the teacher concerned, (1) lawful dues and fees owing to the
Philippine Public School Teachers Association, and (2) premiums properly due on
insurance policies, shall be considered deductible] OR BY THE WRITTEN
AUTHORITY OF TEACHER OR EMPLOYEE CONCERNED.

[Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are
appropriated by a city, municipal, municipal district, or provincial government, shall
not be less than those provided for teachers of the National Government ]

[Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep
pace with the rise in the cost of living by the payment of a cost-oftliving allowance
which shall automatically follow changes in a cost-of-living index. The Secretary of
Education shall, in consultation with the proper government entities, recommend to
Congress, at least annually, the appropriation of the necessary funds for the cost-of-
living allowances of teachers employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of Education shall,
upon approval of the President of the Philippines, be binding on the city, municipal or

provincial government, for the purposes of calculating the cost-of-living allowances of
teachers under its employ.]

[Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in
legal tender of the Philippines or its equivalent in checks or treasury warrants.
Provided, however, That such checks or treasury warrants shall be cashable in any
national, provincial, city or municipal treasurer's office or any banking institutions
operating under the laws of the Republic of the Philippines.]


Sec. 26. SICK LEAVE - FULL TIME TEACHERS IN THE ELEMENTARY AND
SECONDARY SCHOOLS SHALL BE ENTITLED TO AN ANNUAL SICK LEAVE
WITH PAY OF FIFTEEN (15) WORKING DAYS. PART-TIME TEACHERS IN THE
ELEMENTARY AND SECONDARY SCHOOLS SHALL BE ENTITLED TO SICK
LEAVE WITH PAY ON PRO-RATA BASIS.

FACULTY MEMBERS IN THE COLLEGIATE LEVEL, WHETHER FULL-
TIME OR PART-TIME, SHALL ENJOY SICK LEAVE WITH PAY OF FIFTEEN (15)
WORKING DAYS.

UNUSED SICK LEAVES SHALL BE ACCUMULATED TO NOT MORE
THAN SIXTY (60) DAYS AND THE SAME SHALL BE CONVERTED TO CASH
UPON RESIGNATION OR RETIREMENT OF THE TEACHER OR EMPLOYEE
CONCERNED.

Sec. [25] 27. Indefinite SICK Leave. An indefinite sick leave [of absence] WITHOUT
PAY shall be granted to teachers AND EMPLOYEES when the nature of the illness
demands a long treatment that will exceed one year [at the least] BUT NOT MORE
THAN THREE YEARS; PROVIDED, HOWEVER, THAT A TEACHER OR
EMPLOYEE CONCERNED SHALL BE ALLOWED TWO (2) MONTHS LEAVE
WITH PAY IN CASE OF MAJOR OPERATION.

Sec. 28. VACATION LEAVE — FULL TIME TEACHERS AND EMPLOYEES SHALL
BE ENTITLED TO AN ANNUAL VACATION LEAVE WITH FULL PAY OF
FIFTEEN (15) DAYS.

Sec, 29. MATERNITY/PATERNITY LEAVE — A FEMALE FACULTY MEMBER OR
EMPLOYEE SHALL BE ENTITLED TO MATERNITY LEAVE OF SIXTY (60) DAYS
WITH FULL PAY TO TAKE EFFECT TWO WEEKS PRIOR TO THE EXPECTED
DATE OF DELIVERY AS CERTIFIED BY HER ATTENDING PHYSICIAN.

PATERNITY LEAVE OF MALE FACULTY MEMBERS SHALL BE
GOVERNED BY REPUBLIC ACT NO. 8187 OR THE PATERNITY LEAVE LAW.

THE BENEFITS GRANTED UNDER THIS SECTION SHALL BE PAID TO
THE TEACHER OR EMPLOYEE CONCERNED AND/OR HER SPOUSE DURING
THE PERIOD OF ENTITLEMENT.

Sec. 30. EMERGENCY LEAVE - IN CASE OF CALAMITIES WHERE THE
FACULTY MEMBER OR EMPLOYEE BECOMES A VICTIM, OR IN THE EVENT
OF DEATH IN HIS IMMEDIATE FAMILY OR ANY SERIOUS ACCIDENT
BEFALLING HIM OR HIS DEPENDENTS, HE SHALL BE ENTITLED TO AN

EMERGENCY LEAVE WITH PAY OF NOT EXCEEDING FIVE (5) DAYS PER
YEAR.

[lV. HEALTH MEASURES AND INJURY BENEFITS)


Sec. [22] 31. Medical Examination and Treatment. Compulsory medical examination
shall be provided free of charge for all teachers AND EMPLOYEES before [they take
up teaching, and shall be repeated not less than once a year during the teacher's
professional life] THEIR EMPLOYMENT AND ANNUALLY THEREAFTER. Where
medical examination show that medical treatment and/or hospitalization is necessary
FOR INFECTIOUS DISEASES OR INJURIES SUFFERED NOT ONLY DURING
TEACHING OR ON-CAMPUS ACTIVITIES BUT ALSO WHEN HE ENGAGED IN
SCHOOL RELATED ACTIVITIES AWAY FROM THE SCHOOL PREMISES OR
OFF CAMPUS, same shall be provided free by the government entity paying the
salary of the teachers OR THE PRIVATE SCHOOL EMPLOYER.

In regions where there is scarcity of medical facilities, teachers AND NON-
TEACHING PERSONNEL may obtain elsewhere the necessary medical care with
the right to be reimbursed for their traveling expenses by the government entity
[concerned in the first paragraph of this Section] OR THE PRIVATE SCHOOL
MANAGEMENT CONCERNED.

Sec. [23] 32. Compensation For Injuries. Teachers AND EMPLOYEES shall be
protected against the consequences of employment injuries in accordance with
existing laws, The effects of the physical and nervous strain on the teachers'[s] AND
EMPLOYEES! health shall be recognized as a compensable occupational disease in
accordance with existing laws.

Sec. [26] 33. [Salary Increase upon] Retirement. [Public school] [t]Teachers AND
NON-TEACHING PERSONNEL WHO havefing] fulfilled the age and service
requirements of the applicable retirement laws shall be [given] GRANTED one range
salary raise upon retirement, which shall be the basis of the computation of the lump
sum of the retirement pay and the [monthly] CORRESPONDING benefits thereafter;
PROVIDED, HOWEVER, THAT THE RETIREMENT BENEFIT SHALL NOT BE
LESS THAN ONE MONTH SALARY FOR EVERY YEAR OF SERVICE.

Sec. 34. GRATUITY BENEFIT - THE TEACHERS AND NON-TEACHING
PERSONNEL WHO CHOOSE TO RETIRE BEFORE REACHING THE
COMPULSORY RETIREMENT AGE OF 60 AND HAVE RENDERED NOT LESS
THAN TWO (2) YEARS SERVICE SHALL BE GRANTED GRATUITY BENEFIT
EQUIVALENT TO ONE MONTH PAY FOR EVERY YEAR OF SERVICE,
CONFORMABLY TO THE PROVISION OF THE IMMEDIATELY PRECEDING
SECTION, THE COMPUTATION OF HIS GRATUITY BENEFIT SHALL BE BASED
ON THE SALARY SCALE OF ONE STEP HIGHER THAN HIS POSITION AT THE
TIME HE OPTED FOR OPTIONAL RETIREMENT.

Sec. 35. FACULTY PERSONNEL DEVELOPMENT PROGRAM — EVERY SCHOOL
SHALL UNDERTAKE A FACULTY/PERSONNEL DEVELOPMENT PROGRAM.

THE SCHOOL MANAGEMENT SHALL GRANT FELLOWSHIPS ON THE
BASIS OF OPEN COMPETITION. IT SHALL ENCOURAGE FACULTY MEMBERS
AND QUALIFIED NON-TEACHING PERSONNEL TO CONDUCT RESEARCH
WORK, PARTICIPATE IN SKILLS DEVELOPMENT AND KNOWLEDGE
ENHANCHING SEMINARS AND FORA, AND WHEN FEASIBLE, FINANCIAL
SUPPORT SHALL BE EXTENDED TO THEM ON THE BASIS OF MERIT.


IV. LEAVE AND RETIREMENT BENEFITS]

Sec. [24] 36. ACADEMIC AND FACULTY DEVELOPMENT. (A) Study Leave. - [In
addition to the leave privileges now enjoyed by teachers in the public schools, they]
TEACHERS AND NON-TEACHING EMPLOYEES shall be entitled to study leave
not exceeding one school year after seven years of service. Such leave shall be
granted in accordance with a schedule set by the Department of Education
[CULTURE AND SPORTS]. During the period of such leave, the teachers AND
EMPLOYEES CONCERNED shall be entitled to [at least sixty] ONE HUNDRED per
cent of their monthly salary: Provided, however, That no teacher OR EMPLOYEE
CONCERNED shall be allowed to accumulate more than one year study leave,
unless he needs an additional semester to finish his thesis for a graduate study in
education or allied courses: Provided, further, That no compensation shall be due
the teacher OR EMPLOYEE CONCERNED after the first year of such leave. In all
cases, the study leave period shall be [counted] CONSIDERED for seniority and
pension purposes.

The compensation allowed for one year study leave as herein provided shall
be subject to the condition that the teacher OR EMPLOYEE takes the regular study
load and passes at least seventy-five per cent of his courses. Study leave of more
than one year may be permitted by the Secretary of Education but SHALL NOT BE
SUBJECT TO ANY [without] compensation UNLESS OTHERWISE AGREED
UPON BY THE PARTIES.

(B) STUDY GRANT AND FELLOWSHIP - STUDY GRANTS AND
FELLOWSHIPS MAY BE GRANTED ON A FULL OR PARTIAL BASIS
ADMINISTERED SYSTEM-WIDE OR BY COLLEGES AND UNIVERSITIES. THE
GRANTEE SHALL BE ENTITLED TO SUBSIDY FOR MATRICULATION AND
OTHER SCHOOL FEES, STIPEND, BOOKS AND OTHER ALLOWANCES.

BOOK THREE
RESPONSIBILITIES AND ADMINISTRATIVE SANCTIONS

Sec. [7] 37. Code of Professional Conduct for Teachers. Within six months from the
approval of this Act, the Secretary of Education, IN CONSULTATION WITH THE
NATIONAL TEACHERS’ ORGANIZATIONS shall formulate and prepare a Code of
Professional Conduct for [Public School] Teachers. A copy of the Code shall be
furnished each teacher: Provided, however, That where this is not possible by
reason of inadequate fiscal resources of the Department of Education, at least three
copies of the same Code shall be deposited with the office of the school principal,

for] head teacher OR COLLEGE DEAN where they may be accessible for use by
the teachers.

Sec. 38. DUTIES AND OBLIGATIONS OF NON-TEACHING PERSONNEL - THE
SCHOOL ADMINISTRATION SHALL SEE TO IT THAT DUTIES AND
OBLIGATIONS OF NON-TEACHING PERSONNEL ARE SPECIFICALLY
DEFINED IN THEIR APPOINTMENT PAPERS. NO EMPLOYEE SHALL BE HELD


RESPONSIBLE FOR NON-PERFORMANCE OF DUTIES AND OBLIGATIONS
NOT CONTAINED IN THEIR APPOINTMENT.

Sec. 39. FACULTY/PERSONNEL MANUAL -— A FACULTY/PERSONNEL
MANUAL SHALL BE CREATED BY THE SCHOOL ADMINISTRATION WITH
PRIOR CONSULTATION AND ACTIVE PARTICIPATION TEACHERS AND
EMPLOYEES’ ORGANIZATIONS. SUCH MANUAL SHALLL BE SUBMITTED FOR
APPROVAL OF THE FACULTY AND PERSONNEL PRIOR TO ITS
IMPLEMENTATION. SUCH MANUAL SHALL CONTAIN INFORMATION AND
POLICIES ON ALL MATTERS PERTAINING TO THE FACULTY AND NON-
TEACHING PERSONNEL, A COPY OF WHICH SHALL BE FURNISHED FREE TO
ALL FACULTY MEMBERS AND EMPLOYEES.

CHAPTER II
ADMINISTRATIVE SANCTIONS

Sec, [8] 40. Safeguards in Disciplinary Procedure. Every teacher OR EMPLOYEE

shall enjoy equitable safeguards at each stage of any disciplinary procedure and
shall have:

a. the right to be informed, in writing, of the charges AGAINST HIM;

b. the right to CONFRONT WITNESSES AGAINST HIM AND TO full
access _to the evidence in the case;

c. the right to defend himself and to be defended by a representative of
his choice and/or by his organization, adequate time being given to the
teacher OR EMPLOYEE for the preparation of his defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a
teacher OR EMPLOYEE during the pendency of his case, WITHOUT HIS
CONSENT.

TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL BE
CONSULTED WHEN THE MACHINERY TO DEAL WITH DISCIPLINARY
MATTERS IS ESTABLISHED. SUCH MATTERS SHALL BE CONTAINED IN THE
FACULTY OR PERSONNEL MANUAL AS PROVIDED UNDER 44 OF THIS ACT.

Sec. [9] 41. Administrative Charges. Administrative charges against a teacher shall
be heard initially by a committee composed of the corresponding School
Superintendent of the Division or a duly authorized representative who should at
least have the rank of a division supervisor, where the teacher belongs, as chairman,
a representative of the local or, in its absence, any existing provincial or national
teacher's organization and a supervisor of the Division, the last two to be designated
by the Director of Public Schools. The committee shall submit its findings and
recommendations to the Director of Public Schools within thirty days from the
termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of the
committee shall be appointed by the Secretary of Education


TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL HAVE A
REPRESENTATIVE IN ANY COMMITTEE OR BODY THAT SHALL HEAR
ADMINISTRATIVE CHARGES AGAINST A TEACHER OR EMPLOYEE.

[Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all
steps to enable married couples, both of whom are public school teachers, to be
employed in the same locality.]

BOOK FOUR
MISCELLANEOUS PROVISIONS

CHAPTER 1
SELF-ORGANIZATION AND OTHER RIGHTS

Sec. [27] 42. [Freedom] RIGHT to SELF-Organize. Public school teachers shall
have the right to freely and without previous authorization both to establish and to
join organizations of their choosing, whether local or national to further and defend
their interests.

[Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance
to the teaching profession, or during its exercise, or in the termination of services,
based on other than professional consideration.]

Sec. [28] 43. Discrimination Against Teachers AND EMPLOYEES Prohibited. The
right{s] established in the immediately preceding Section shall be exercised without
any interference or coercion. It shall be unlawful for any person to commit any acts of
discrimination against teachers AND EMPLOYEES which are calculated to (a) make
the employment of a teacher OR EMPLOYEE subject to the condition that he shall
not join an organization, or shall relinquish membership in an organization, (b) {to]
cause the dismissal of or otherwise prejudice a teacher OR EMPLOYEE by reason
of his membership in an organization or because of participation in organization
activities outside school hours, or with the consent of the proper school authorities,
within school hours, and (c) to prevent him from carrying out the duties laid upon him
by his position in the organization, or to penalize him for an action undertaken in that
capacity.

Sec. 44. PARTICIPATION IN POLICY-MAKING PROCESS — TEACHERS’ AND
EMPLOYEES’ ORGANIZATIONS IN STATE UNIVERSITIES AND COLLEGES AS.
WELL AS EDUCATIONAL FOUNDATIONS AND NON-STOCK, NON-PROFIT
SCHOOLS SHALL HAVE THE RIGHT TO BE REPRESENTED IN THE BOARD OF
TRUSTEES/REGENTS OF SAID SCHOOLS, COLLEGES AND UNIVERSITIES.

[VI. TEACHER'S ORGANIZATION)

[Sec. 29. National Teacher's Organizations.] National teachers' AND EMPLOYEES’
organizations shall [be consulted] ACTIVELY PARTICIPATE in the formulation of


national educational policies and professional standards, [and in the formulation] of
national policies governing the social security of the teachers.

NATIONAL TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS SHALL
HAVE THE RIGHT TO NEGOTIATE FREELY AND DIRECTLY WITH NATIONAL
PRIVATE SCHOOL-OWNERS’ ORGANIZATIONS AND/OR THROUGH A LABOR
ADVISORY CONSULTATIVE COUNCIL FOR TEACHERS AND EMPLOYEES.

Sec. 45. STRIKE, PICKETING AND OTHER CONCERTED ACTIVITIES. — THE
RIGHT OF TEACHERS’ AND EMPLOYEES’ ORGANIZATIONS TO STRIKE AND
OTHER CONCERTED ACTIVITIES SHALL CONTINUE TO BE RECOGNIZED
AND UPHELD.

CHAPTER Il
[Vil. ADMINISTRATION AND ENFORCEMENT]

Sec. [30] 46. IMPLEMENTING Rules and Regulations. The Secretary of Education
shall formulate and prepare, IN CONSULTATION WITH NATIONAL TEACHERS’
AND EMPLOYEES’ ORGANIZATIONS the necessary rules and regulations to
implement the provisions of this Act. [Rules and regulations issued pursuant to this
Section shall take effect thirty days after publication in a newspaper of general
circulation and by such other means as the Secretary of Education deems
reasonably sufficient to give interested parties general notice of such issuance.]

Sec. 47. OUTRIGHT CLOSURE OF SCHOOLS PROHIBITED. - EDUCATION
BEING VESTED WITH PUBLIC INTEREST, NO SCHOOL MANAGEMENT SHALL
BE ALLOWED TO CEASE FROM ITS OPERATIONS EXCEPT UPON VALID AND
JUST GROUNDS AS MAY BE DETERMINED BY THE DEPARTMENT OF
EDUCATION.

IN CASE OF VALID CLOSURE, THE SAME SHALL BE EFFECTED
THROUGH PROGRAMMED PHASE OUT, DURING WHICH TIME,
DETERMINATION SHALL BE MADE ON WHETHER OR NOT OPERATIONS OF
THE SCHOOLS MAY BE SUCCESSFULLY RESTORED OR BE PERMANENTLY
CLOSED.

Sec. 48. LAY-OFFS OR RETRENCHMENTS - NO LAY-OFF OR
RETRENCHMENT SHALL BE EFFECTED BY ANY SCHOOL MANAGEMENT
UNLESS THE SAME IS FOUND VALID AND JUSTIFIED AFTER A THOROUGH
REVIEW AND ANALYSIS OF ITS FINANCIAL STATUS TO BE JOINTLY
UNDERTAKEN BY THE SCHOOL MANAGEMENT AND THE TEACHERS’ AND
EMPLOYEES’ ORGANIZATIONS CONCERNED.

CHAPTER Ill
PENAL AND FINAL PROVISIONS

[Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress
annually the necessary budgetary estimates to implement the provisions of the Act

concerning the benefits herein granted to public school teachers under the employ of
the National Government]


Sec. [32] 49. Penal Provision. ANY [A] person who shall willfully interfere with,
restrain or coerce any teacher OR EMPLOYEE in the exercise of his rights
guaranteed by this Act or who shall in any other manner commit any act to defeat
any [of the] provisions of this Act shall, upon conviction, be punished by a fine of not
less than [one hundred] FIFTY THOUSAND pesos nor more than one HUNDRED
thousand pesos, or by imprisonment FOR NOT LESS THAN ONE YEAR AND ONE
DAY NOR MORE THAN FIVE YEARS, OR BOTH SUCH FINE AND
IMPRISONMENT AT [in] the discretion of the court,

If the offender is AN EDUCATIONAL INSTITUTION, OR ANY JURIDICAL
PERSON, THE PENALTY SHALL BE IMPOSED UPON THE PRESIDENT,
TREASURER, SECRETARY OR ANY RESPONSIBLE OFFICER OF SAID
INSTITUTION. IF THE OFFENDER IS a public [officiall OFFICER OR EMPLOYEE,
the court shall, IN ADDITION TO THE PENALTIES HEREINABOVE PROVIDED,
order his dismissal from the Government service.

Sec. 50. TEACHING OF MAGNA CARTA - THE TEACHING OF THIS ACT SHALL
BE MADE COMPULSORY IN ALL SCHOOLS OFFERING COURSES IN
EDUCATION.

Sec. 51. APPROPRIATIONS —- INITIAL EXPENDITURE FOR THE
IMPLEMENTATION OF THIS MAGNA CARTA SHALL BE SOURCED FROM
SAVINGS IN THE BUDGET OF THE DEPARTMENT OF EDUCATION.
THEREAFTER, SUCH SUM NECESSARY FOR ITS CONTINUED
IMPLEMENTATION SHALL BE INCLUDED IN THE GENERAL
APPROPRIATIONS ACT.

Sec. [33] 52. Repealing Clause. All Acts or parts of Acts, executive orders and their
implementing rules inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

Sec. [34] 53. Separability Clause. If any provision of this Act is declared invalid, the
remainder of this Act or any provisions not affected thereby shall remain in force and
in effect.

Sec. 54, EFFECTIVITY - THIS ACT SHALL TAKE EFFECT UPON ITS
APPROVAL.

Approved,