Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
NINETEENTH CONGRESS Ww, t
First Regular Session XK a
fe é
HOUSE BILL NO, 2644 SE ney

Introduced by HON. LINABELLE RUTH R. VILLARICA
4!" DISTRICT. BULACAN

EXPLANATORY NOTE

As caretakers of children in the absence of their parents who work during the day or
even beyond the call of duty, day care workers deserve only the best treatment by the State. In
their hands may be the future leaders and foremost personalities in Philippine politics. business
and industry. science and technology. culture and the arts. Day care workers must effectively
discharge their duties and responsibilities. The State must ensure that these are achieved by
providing them with the needed benefits and incentives in addition to the training that they
have to undergo.

Presently, however, as provided for under R.A. No. 6972, otherwise known as the
Barangay-level total Development and Protection of Children (1990). day care workers merely
receive a monthly allowance of not less than PhpS00.00 from the annual appropriation of the
Department of Social Welfare and Development (DSWD). They would be content with the
honoraria that they would receive from their respective barangay and municipal officials. They
are also vulnerable to politically motivated termination from work because they do not have
security of tenure

This proposed bill seeks to improve the quality of early childhood care and development
programs and services to children ages zero (0) to four (4) and edueation, provide for humane
working conditions for day care workers and enable them to earn a decent living wage. This
will guarantee their rights and capacitate them to protect and defend children’s rights.

To realize these objectives. the bill provides for at least one (1) Child Development
Worker I or one (1) Child Development Worker II. As such they can be appointed under
permanent status with protection of Civil Service rules and regulations. ‘The creation of a
Special Personnel Selection Board (SPSB) will screen candidates for the positions of Child
Development Worker I and II to organize a pool of ten (10) qualified applicants for possible
appointment to these positions. The bill mandates for additional compensation and allowance
for Child Development Workers such as overtime pay. hazard allowance. and subsistence
allowai Other benefits and privileges are for married child development workers. free legal
services. free medical examination and treatment. access to livelihood, loans. grants and skills
enhancement. membership in the Government Service Insurance System (GSIS). Pag-IBIG.
and PhilHealth,



When this bill was filed during the 16", 17" and 18" Congresses it was in the advanced
process of legislation but no further action was taken on it due to time constraints. This bill is
re-filed for the consideration of the 19" Congress.

‘Support for the enactment of this measure is earnestly requested.

REP. LINABELLE RUTH R. VILLARICA

o”


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

2644

HOUSE BILL NO.

Introduced by HON. LINABELLE RUTH R. VILLARICA
4" DISTRICT, BULACAN

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 children 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 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 as Republic Act No. 10410, otherwise known as “The Early
Years Act (EYA)”. herein referred as service providers primarily engaged in the delivery of
carly childhood care and development services and programs such as care, social development,
education. protection. and other needs of children aged zero (0) to four (4) years in all
government-sponsored Child Development Centers (CDCs).

SEC. 4. Plantilla Positions and Security of Tenure in Child Development Centers and
National Child Development Centers. — At least one (1) Child Development Worker I or one
(1) Child Development Worker II, plantilla position shall be created in all CDCs nationwide.
As plantilla position holders, child development workers shall be appointed under permanent
status 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 the concerned child development 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 I positions shall be created to
screen candidates and create a pool of ten (10) qualified applicants for possible appointment to
the subject positions. The $PSB 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.

*. 6. Recruitment and Selection. — Upon publication and posting by the local Human
Resource Management Office (HRMO) of vacant permanent Child Development Worker | and
II positions in particular CDCs. all qualified applicants shall submit their application together
with complete requirement 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
supporting. from the SPSB-recommended post. a Child Development Worker I or II position
ina particular CDC.

‘Under no circumstances 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:

a) Child Development Worker I with Salary Grade 6 must possess the following
qualifications:

(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)
of the Department of Social Welfare and Development Council (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 judgement of any crime: and

(53) 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 II 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 suject 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 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 the duty within the premises
of isolated CDCs the amount of which shall be computed in accordance with prevailing
circumstances as determined by the LSWDO for approval of the Sangguniang
Barangay concerned.

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

(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 hospital. free of charge. to all child development workers.


Those suffering trom work-related ailments shall be treated without cost in government
hospitals.

(d) Access to Livelihood, Loans, Grant, and Skills Enhancement — The ECCDC. DSWD
and the LGULs. in coordination with other concerned government agencies. shall
provide organized child development works 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-IBIB, 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 ECCDC. in coordination with
DSWD, Department of Education (DepEd), Commission on Higher Education (CHED). and
the Technical Education and Skills Development Authority (TESDA). shall provde 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
workers as formal academic or training units.

SEC. 13. Support from Non-governmental Organizations (NGOs) and the Private Sector.
~ Nongovernmental 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 as
assistance or support from NGOs and the private sector.

SEC. 14. Appropriations. ~ The annual amount needed to cover the salaries of child
development workers shall be charged from the Internal Revenue Allotment (IRA) and the
Special Education Fund (SEF) of the LGUs concerned, as provided in Section 11 of Republic
Act No. 10410, Provided, That the national government, through contributions from a portion
of the fifty percent (50%) government share in gaming revenues of the Philippine Amusement
and Gaming Corporation (PAGCOR) under Presidential Decree No. 1869, as amended, shall
provide subsidy for at least one (1) child development 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. Jmplementing Rules and Regulations. - The ECCDC, DSWD, CWC and the
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 provisions 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 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 in a newspaper of general circulation.

Approved.