NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,
“4 no 3278

sd by Rep. Reynante U. Arroga

EXPLANATORY NOTE

The 1987 Constitution provides that the State recognizes the vital role of the youth and

in nation-building and shall promote and protect their physical, moral, spiritual, and social

well-being. The State shall likewise de! ht of children to assistane

proper
care and nutrition, and special protection forms of neglect, abuse. cruelty. exploitation and

hild

other conditions prejudicial to their development. In recognition of the importance of
development. PD. 1567 was enacted entitled. “Establishing A Day Care Center in Every

Barangay and Appropriating Funds Therefor” and R.A. 6972 entitled “An Act Establishing A

Day Care Center in Every Barangay. Instituting Therein A Total Development and Protection
of Chikiren Program. Appropriating Funds Therefore, and For Other Purposes”. expanding the
roles of day care centers to include nutritional monitoring and barangay assistance progeams in
the development of our preschool children, and Republic Act No, 8980. the institutionalization

of'a National System for Early Childhood Care and Development (ECCD) in 2000.

Promotion of a child's growth and development, providing quality care and facilitation
of learning experiences. these are some of the vital roles that our barangay day care workers

time that

play. Considering the crucial work that these day care workers’ job entails. it is hil

the State address their well:

and improve their working conditions,

This bill enacts a Magna Carta for Child Development Workers. providing
compensation and benefits, security of tenure and the provision of training for their

professional development. It provides for social security benefits for day care workers and


other entitlements such as same-area assignments for married couples, and access to livelihood

programs, among others.

Befitting the role that they perform and with the future of our children depending on
them, they shall be prescribed with proper compensation, allowances and other benefits,

ensuring that they are taken care of the way they care for our children.

This bill has been filed and has reached the commitice level in the 17th and 18th

Congress and it is hoped that in the 19th Congress, it will finally become a law.

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

REYNANTE U. ARROGANCIA.
epresentative
Fd District of Quezon


NINETEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES. )
First Regular Session )

HOUSE OF REPRESENTATIVES
3278

H.BLN

Introduced by Rep. Reynante U. Arrogancia

AN ACT
INSTITUTING THE MAGNA CARTA OF CHILD DEVELOPMENT WORKERS.
AND PROVIDING FUNDS THEREFOR

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

SECTION 1, Short Title. - This Act shall be known as the “Magna Carta of Child Development

Workers.”

SEC. 2. Declaration of State Policy. - The State recognizes the vital role of 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
economic welfare of child development workers who provide Early Childhood Care and

Development (ECCD) programs and services to children ages zero (0) to four (4).

SEC. 3. Coverage. - This Act covers all child development workers, formerly known as day
care workers, referred to in Republic Act No. 10410, otherwise known as “The Early Years

Act (EYA)”, herein defined as service providers primarily engaged in the delivery of early

childhood care and development services and programs such as care, social development.

in all

education, protection, and other needs of children aged zero (0) to four (4) ye:

‘government-sponsored Child Development Centers (CDC3).

SEC. 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


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under permanent status and shall be protected and governed by Civil Service rules and
regulations. No day care worker removed or transferred from office without just cause, due

process. ot prior consultation with the concerned day care worker.

Further, the CSC shall issue guidelines on the inclusion of child development workers among
the positions which cannot be appointed, removed, or transferred during the period before and

after elections.

SEC. 5. Creation of Special Personnel Selection Board. - A Special Personnel Selection Board
(SPSB) for Child Development Worker I and II 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
(LSWDO) as chairperson, the punong barangay, local health officer, human resource
management officer, a child development worker from the same municipality, and local

government unit (LGU) first level employees” representative as members.

SEC. 6. Recruitment and Selection. - Upon publication and posting by the local Human
Resource Management Office (HRMO) of vacant permanent Child Development Worker and
1 positions in particular CDCs, 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 I and II positions.

The local chief executive, as the appointing authority, shall exercise sound discretion in
appointing, from the SPSB-recommended pool, a Child Development Worker | or II position

in a particular CDC.

Under no circumstance shall an applicant be discriminated against on the basis of gender,

religion, status, race, disability, 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:


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{a) Child Development Worker 1, with Salary Grade 6, must possess the following

qualificatio

(1) Must be of legal age;
(2) Must have completed at least two (2) years of college education;

(3) Must be certified by the Early Childhood Care and Development Council
(ECCDC), the Department of Social Welfare and Development (DSWD), or
their 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 the “Special Protection of Children Against Child Abuse, Exploitation

and Discrimination Act”.

Child development 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, That their retention had been

recommended by their direct supervisor.

Child development 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 12 of this Act.

(b) A Child Development Worker IL, with Salary Grade 8, must possess the same
qualifications mentioned in paragraph (a) of this section including five (5) years of

working 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 (CSC).

SEC. 8. Working Hours. ~ A child development worker is required to render eight (8) working
hours a day or a total of forty (40) working hours a week: Provided, That the LSWDO may


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require them to render services beyond their required working hours during emergency

situations such as natural and man-made calamities.

SEC. 9. Code of Conduct of Child Development Workers. ~ Within six (6) months upon
approval of this Act, the DSWD, ECCDC and the Council for the Welfare of Children (CWC),

in consultation with a national organization of child development workers, shall formulate a
Code of Conduct for Child Development Workers. Each of them 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 — for being exposed to situations, conditions. or factors in the
workplace which endanger the workers’ health or life, or increase the danger or risk
thereto. Such risk or danger shall be determined by the Sangguniang Barangay

concerned; and

(c) Subsistence allowance ~ for meals taken in the course of their duty within the premises
of isolated CDCs, the amount of which shali be computed in accordance with prevailing

circumstances as determined by the LSWDO for approval of the Sangguniang Barangay

concerned.

Further, Child Development Workers shall, in no way, be required to shell out their own money

to spend for electricity and rent of their CDC.

SEC. 11. 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 chil

development workers shall be assigned in the same municipality or city.


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(b) Free Legal Services. — The Public Attorney’s Office (PAO) shall represent child
development workers in cases filed against them in connection with the performance of

their duties.

(c) Free Medical Examination and Treatment. — Annual medical examinations shall be
provided by government hospitals, free of charge, to all child development workers.
Those suffering from work-related ailments shall be treated without cost in government

hospitals.

ills Enhancement. — The ECCDC, DSWD

(d) Access to Livelihood, Loans
and the LGU:

rants, and

coordination with other concerned government agencies, shall provide
organized child development workers with a mechanism for accessing livelihood,

loans. grants, and skills enhancement services.

(e) Other Benefits. - As government employees, all child development 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 matemnity/patemity, sick, and vacation leaves as

provided for by existing laws

SEC. 12. Training, Education and Skills Enhancement. ~ The ECCDC, in coordination with
DSWD, 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
child development workers. The DepEd, CHED, and TESDA shall adopt an equivalency
system of education that shall recognize and duly credit the actual work experiences and

learning of child development workers as formal academic or training units.

SEC. 13. Support from Nongovernment Organizations (NGOs) and the Private Sector. ~

Nongovernment organizations, private volunteer organizations, and private corporations are

hereby encouraged to assist or support the government in the implementation of programs and

projects for child development workers. Pursuant thereto, all CDCs may accept such assistance

or support from NGOs and the private sector.


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SEC. 14. Appropriations. ~The amount needed to cover the salaries of child development
workers shall be charged from the Internal Revenue Allotment (IRA) and the Special Education
Fund of the LGUs concerned, as provided in Section 11 of Republic Act 10410. Provided. That
the national government, through contributions from a portion of the fifty percent (50%)

government share in gaming revenues of Philippine Amusement and Gaming Corporation

(PAGCOR) under Presidential Decree No. 1869, as amended, shall provide subsidy for at least
one (1) day care worker per center in the fourth, fifth, and sixth class municipalities. Additional
funds generated from donations, fees, and contributions collected by the ECCDC from
whatever source shall also be set aside to augment the salaries and benefits of Child

Development Workers.

SEC. 15. mplementing Rules and Regulations. ~ The ECCDC, DSWD, CWC and Department
of the Interior and Local Government (DILG), in consultation with the CSC and a national
organization of child development workers, shall formulate the rules and regulations necessary

to implement the provisions of this Act within six (6) months from its effectivity.

SEC. 16. Separability Clause. ~ if any provision of this Act or any part hereof is declared

unconstitutional. the same shall not affect the validity and effectivity of the other provisions.

SEC. 17. Repealing Clause. ~ Republic Act No. 6972, otherwise known as the “Barangay-

level Total Development and Protection of Children Act” and all laws, decrees, rules and
regulations, and executive orders contrary to or inconsistent with this Act are hereby repealed

or modified accordingly.

SEC. 18. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or

‘a newspaper of general circulation,

Approved,