Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT INSTITUTING THE MAGNA CARTA OF DAYCARE WORKERS AND PROVIDING 
FUNDS THEREFOR 
EXPLANATORY NOTE 
Daycare workers play an important role in the growth and development of a child. They are 
responsible for the care and education of young children from age zero to four years. These years 
are crucial since these form part of the child’s formative years. It is at this stage wherein a child’s 
cognitive, social, emotional, and physical development is boosted.  
Despite this vital role of daycare workers in the growth and development of children, daycare 
workers remain to be under-compensated and unable to enjoy the benefits of regular employees. 
A huge number of daycare workers are working on either a job order status or a voluntary basis. 
This current employment status of most daycare workers abuses the willingness of daycare 
workers to work voluntarily and blatantly ignores their social and economic well-being. Moreover, 
the State’s seeming neglect of the daycare workers’ welfare, hinders their professional 
development which is otherwise provided to their counterparts in higher learning institutions.  
In cognizance of the importance of the work of daycare workers and their right to humane 
working conditions and a living wage, this proposed measure seeks to improve their social and 
economic well-being by mandating the grant tenure, benefits, and other privileges as enjoyed by 
other civil servants. This proposed measure shall mandate the creation of plantilla positions in all 
day care centers nationwide. 
On behalf of the people of Parañaque City’s Second District, and for the common good of the 
Filipino people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
September 12, 2022
3:21 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT INSTITUTING THE MAGNA CARTA OF DAYCARE WORKERS AND PROVIDING 
FUNDS THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
SECTION 1. Short Title. – This Act shall be known u the "Magna Carta of Day Care Workers". 
SEC 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 daycare workers who provide preschool education and social development 
services to children.  
SEC 3. Coverage. – This Act covers all daycare workers, also referred to as child development 
workers in Republic Act No. 10410, otherwise known as the "Early Years Act (EYA) of 2013", 
herein defined as persons primarily engaged in the provision of early child development services 
end programs such as care, social development, education, protection and other needs of children 
aged four (4) years old and below in all government-sponsored daycare centers.  
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, daycare workers shall be appointed under 
permanent status and shall be protected and governed by civil service rules and regulations. No 
daycare worker shall be removed or transferred from the office without just cause, due process, 
or prior consultation with the concerned daycare worker.  
SEC. 5. Creation of Special Personnel Selection Board. – A Special Personnel Selection 
Board (SPSB) for daycare 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 chairperson, the punong 
barangay, the local health officer, the human resource management officer, and the local 
government unit (LGU) first-level employees' representative as members. 
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SEC. 6. Recruitment and Selection. – Upon publication and posting by the local. Human 
Resource Management Office (HRMO) of vacant permanent daycare worker positions, in 
particular, daycare centers, all qualified applicants shall submit their application together with 
complete requirements to the Punong Barangay who shall forthwith transmit the same to the 
HRMO for preliminary evaluation: Provided, That all qualified incumbent daycare workers hired 
under casual, contractual and job order employment status shall automatically be considered 
candidates and given priority for appointment to permanent daycare worker positions.  
 
The local chief executive as the appointing authority shall exercise sound discretion in appointing, 
from the SPSB-recommended pool, a daycare worker in a particular daycare center.  
 
SEC. 7. Qualifications, Positions, and Salary Grade. – A daycare worker possessing the 
following qualifications shall be hired for the position of:  
(a) Day Care Worker I, with a Salary of Grade 6, must possess the following qualifications: 
(1) Must be of legal age; 
(2) Must have completed at least two (2) years of a college education;  
(3) Must be certified by the Department of Social Welfare and Development (DSWD) or 
DSWD-deputized entities to have complied with existing requisites and training 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 about Republic Act No. 7610, otherwise known as the 
"Special Protection of Children against Child Abuse, Exploitation, and Discrimination 
Act". 
  
Daycare 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. 
 
Daycare 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, by Section 12 of this Act. The necessary training courses shall be prescribed 
by the DSWD.  
 
(b) A Day Care Worker II, with Salary Grade 8, must possess the same qualifications 
mentioned in paragraph (a) of this section including (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 daycare 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 and 
development officer (LSWDO) may require daycare workers to render services beyond their 
required working hours during emergencies such as natural and man-made calamities.  
 
SEC. 9. Code of Conduct of Day Care Workers. – Within six (6) months upon approval of 
this Act, the Early Childhood Care and Development Council (CDC), in consultation with a national 


organization of daycare workers, shall formulate a Code of Conduct for Day Care Workers. Each 
daycare worker shall be provided with a copy of the Code at the expense of the government.  
 
SEC. 10. Additional Compensation and Allowances. – Daycare 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 local Sangguniang Barangay concerned; and  
(c) Subsistence allowance – for meals taken in the course of their duty within the premises 
of isolated daycare centers, the amount of which shall be computed by prevailing 
circumstances as determined by the local Sangguniang Barangay concerned. 
 
SEC. 11. Other Benefits and Privileges. – Daycare workers shall be entitled to the following 
additional benefits and privileges:  
(a) Married Day Care Workers. – Whenever possible, married couples who are both daycare 
workers shall be assigned in the same municipality or city.  
(b) Free Legal Services. -The Public Attorney's Office (PAO) shall represent daycare 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 daycare workers. Daycare workers suffering 
from work-related ailments shall be created without cost in government hospitals.  
(d) Access to Livelihood, Loans, Grants, and Skills Enhancement. – The DSWD and the LGUs, 
in coordination with other concerned government agencies, shall provide organized 
daycare workers with a mechanism for accessing livelihood, loans, grants, and skills 
enhancement services.  
(e) Other Benefits. – All daycare 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. 
 
SEC 12. Training, Education and Skills Enhancement. – The DSWD, in coordination with 
the Department of Education (DepED), Commission on Higher Education (CHED), and Technical 
Education and Skills Development Authority (TESDA), shall provide for a system of continuing 
education and skills training and knowledge enhancement program for daycare workers.  
 
The DepED, CHED, and TESDA shall adopt an equivalency system of education that shall 
recognize and duly credit the actual work experiences and prior learning of daycare workers as 
formal academic or training units.  
 
SEC. 13. Support from Nongovernment Organizations (NGOs). – Nongovernment 
organizations or private volunteer organizations are hereby encouraged to assist or support the 
government in the implementation of programs and projects for daycare workers. Pursuant 
thereto, all daycare centers may accept such assistance or support from NGOs.  
 
SEC. 14. Appropriations. – The amount necessary to cover the salaries and benefits of daycare 
workers shall be charged from the Internal Revenue Allotment (IRA) and the Special Education 


Fund of LGUs concerned: Provided, That the national government shall provide a subsidy for at 
least one (1) daycare worker percenter in the fourth, fifth, and sixth class municipalities. A portion 
of the contribution of 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 also be set aside for the purpose. 
 
SEC. 16. Implementing Rules and Regulations. – The DSWD, ECCDC, and Department of 
the lnterior and Local Government (DILG), in consultation with the CSC and a national 
organization of daycare 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, 
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 (16) days after its publication in the 
Official Gazette or a newspaper of general circulation.