Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

-- 5783
HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
GABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE |. ELAGO

THE MAGNA CARTA FOR PRIVATE SCHOOL TEACHERS

EXPLANATORY NOTE

Since 1966, public school teachers have been protected by Republic Act 4670
or the Magna Carta for Public School Teachers, which lays down standards and fundamental
principles in their employment, salaries and benefits, and working conditions, as well as
some of teachers’ civil rights—all of which are enforceable obligations which they can
invoke against their employer, the government.

However, faculty in private schools have no similar statute, no labor
standards law to call their own. As teachers in both public and private sectors have
comparable if not the same functions and duties, and endure comparable if not the same
hardships, there is no reason at all for teachers in the private sector to be placed in
unequal—most often unfavorable—footing compared to public school teachers. With
respect to basic economic and political rights, the 1987 Philippine Constitution, labor
standards and labor relations laws, and international law do not distinguish between public
school teachers and private school teachers.

There is Presidential Decree 442 or the Labor Code, but for private school
teachers, it has been watered down and even contravened in some parts as in the case of
the unconscionably long probationary periods. The period amounting to three years
allowed through mere administrative issuance of agencies like the Department of Education
and the Commission on Higher Education, despite the lack of authority from the text and
spirit of the Labor Code, which provides that probation for employees in the private sector
shall not be longer than six months. This situation has caused the contractualization of


thousands of teachers for decades—the practically neverending “endo” of teaching
personnel.

The struggles of public school teachers for just and decent salaries and
benefits, humane working conditions, and respect for their professional and political rights
are the same struggles waged by, and together with, private school teachers. This bill
proposes that these struggles be addressed by law, by a Magna Carta for Private School
Teachers that mirrors the Magna Carta for Public School Teachers.

Some of the salient provisions of this measure are:

1. standards in employment including criteria in the setting of salaries,
which, among others, should not be less than the entry-level salaries of
public school teachers; minimum qualifications; and parameters in tenure
and status as part-time, full-time, and probationary;

2. monetary benefits and leave benefits;

3. health measures and injury benefits including the assurance of social
security benefits pursuant to existing labor standards or higher than the
same, either through employers’ policy or agreement with teachers’
organizations or unions;

4. basic trade union and political rights such as the right to self-organization
including a prohibition of discrimination against teachers on the basis of
political belief or affiliation; and

5. penalties and other liabilities for violation of any rights of private school
teachers.

For the foregoing reasons, approval of this bill is earnestly sought.

ACT Jéacher$/Party-List ZN
\ 1
2S
\GAI

Tes
Rep. CARLOS I:

ISAGANT T. ZARATE Rep. FERDINAND GAITE
BAYAN MUNA Party-List BAYAN MUNA Party-List
Rep. EUFEMIA C. CULLAMAT fp. ARLEME D. BROSAS

BAYAN MUNA Party-List GABRIELA Women’s Party

JANE |. ELAGO
\N Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasan Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5783
HOUSE BILL No.

Introduced by
ACT Teachers Party-List Rep. FRANCE L. CASTRO,
BAYAN MUNA Party-List Rep. CARLOS ISAGANI T. ZARATE,
Rep. FERDINAND GAITE and Rep. EUFEMIA C. CULLAMAT,
SABRIELA Women’s Party Rep. ARLENE D. BROSAS,
and KABATAAN Party-List Rep. SARAH JANE I. ELAGO

‘THE MAGNA CARTA FOR PRIVATE SCHOOL TEACHERS

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

SECTION 2. Guiding Principles. in matters involving the rights and welfare of private school
teachers, the following are the guiding principles:


fulfilled

©) Teachers comprise the largest group of professional and service workers of society
‘and, if united, can be potent agents of progressive reform in the educational system
and the nation as a whole.

4) Working conditions for teachers should be such as will best promote effective
teaching, research, and extension work to enable them to carry out their
professional tasks.

e) All aspects of employment and tenure of teachers shall be free from any form of
discrimination of grounds of sex, gender, civil status, religion, political belief or
affiliation, economic condition, or membership in any organization.

f) Faculty organizations shall be recognized as a force which can contribute greatly to
the advancement of the rights and welfare of teachers. Therefore, their right to
participate in the determination of education and personnel policies, shall be fully
respected.

8) Teachers have the capacity to propagate a nationalist and scientific education.

SECTION 3. Construction in Favor of Teachers. 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 teachers.

SECTION 4. Definition. As used in this Act, “teacher” shall mean all persons engaged in
classroom teaching in any level of instruction on full-time or part-time basis.

B. Recruitment and Career

SECTION 5. Minimum Qualifications of a Private School Teacher. Teaching personnel in

pre-school, elementary and secondary level of basic education in all private schools must
possess professional teaching licenses. For basic education, those who have not passed the
Licensure Examination for Teachers (LET) but have pre-LET required Education units may be
hired, Provided, that they shall be given at least three years from the date of hiring, or from
the effectivity of this Act in cases of teachers already hired, to take and pass the LET.
Furthermore, a master’s degree in teaching, education, pedagogy and other similar, related,
oF allied disciplines shall deemed an equivalent of a professional teaching license for
purposes of this Section.

For all levels of instruction, the following shall constitute the minimum
educational qualifications for teacher-applicants:

a) Pre-school and elementary - Bachelor's degree in elementary education o
equivalent. Pre-school teachers shall have at least six units of professional subjects
‘elating to pre-primary education.



b) Secondary, for Academic subjects - Bachelor's degrees in secondary education or its
‘equivalent or Bachelor of Arts or Science degree or its equivalent with at least

eighteen professional units in education.

.d Two-Year Technical Courses - Bachelor's degrees in the

<) Secondary Vocational ant
1al units in education.

field of specialization with at least eighteen profession:

4) Collegiate Level other than Vocational - Master's degrees with 2 specific area of
specialization or a specialization in an allied discipline except when there is 2 lack of
Spplicants with Master's Degree in which case a bachelor’s degree in specific area of
Specialization or a specialization in an allied discipline will suffice subject to
regulations which the CHED will impose. Other equivalent professional experienc®,
especially for practitioners of skills related to an area of specialization or 2% allied
discipline, shall also be deemed as equivalent of the degree requirement for the
purpose of hiring college teachers, subject to reasonable regulations which the CHED

may impose.

Level - Doctor of Philosophy with a specific area of specialization
‘except when there is a lack of applicants with PhD, in which case, a master’s degree
in specific area of specialization will suffice subject to reasobale regulations which
the CHED may impose. Furthermore, other equivalent professional experience,
especially for practitioners of skills related to an area of specialization or an allied
discipline, shall be deemed equivalent of the degree requirement for the purpose of
hiring graduate level teachers in certain instances, subject to reasonable regulations
which the CHED may impose.

e) Graduate Schoo!

No provision of this Act may be used as basis for diminution of pay or
benefits, demotion in rank or status, or dismissal of non-holders of professional teaching

license or its equivalent.

‘SECTION 6. Tenure/Permonency and Full-time/Part-time Status. As in public schools, when
recruitment takes place after adequate training: and professional preparation in any schoo!
recognized by the Government, the teachers shall be considered tenured upon hiring,
provided that the conditions of hiring are strictly related to professional competence and
the pertinent degree requirement/s have been complied with. For basic education,
teachers and non-Education graduates who have pre-LET required education units, but have
yet to take or have yet to pass the LET, shall be deemed as tenured upon satisfying the LET
fequirement or its equivalent at any time within the three-year period from the date of
hiring, For tertiary education and graduate level, teachers who are hired on a full-time basis
are considered tenured upon hiring.

Part-time teachers who have rendered at least one school year, two

semesters, or three trimesters of service, be it consecutive or not, shall have the right to
signify their intention to the school authorities to become a full-time, and hence, 2

permanent teacher.

For basic education, all teachers shall be hired on a full-time basis.



Vocational schools and senior high schools can choose to hire some part-time teachers,
especially practitioners of specific skills or full-time college teachers, for specific instances,
subject to DepEd’s regulations.

For tertiary education, the full-time to part-time teacher ratio shall be 7:3.

SECTION 7. Teachers on Probationary Period. Probationary employment of teachers shall
not exceed six months from the date the teacher started working. The services of an
employee who has been engaged on a probationary basis may be terminated for a just
cause or when he or she fails to qualify as a regular employee in accordance with
reasonable standards made known by the school administration to the teacher at the time
of the engagement of the latter. A teacher who is allowed to work after the lapse of the
probationary period shall be deemed as a regular employee.

SECTION 8. Security of Tenure. Teachers shall be assured of stability of employment and
security of tenure. No private school teacher shall be dismissed by the school except for
cause and the proper observance of due process.

SECTION 9. Consent for Transfer. Except for cause and as herein otherwise provided, no
teacher shall be transferred without their consent from one branch, station, or campus to
‘another. However, where the exigencies of the service require the transfer of a teacher
form one branch, station, or campus to another, such transfer may be affected by the
‘School administration only after notifying the teacher in writing with regard to the reasons
for the transfer, at least 90 days prior to the transfer. If the teacher believes there is no
justification for the transfer, he or she cannot be compelled to transfer to any branch,
station, or campus if such fact will result into additional burden and expense on the part of
the latter. Acceptance of notification and transfer will only be valid if it is in writing and
signed by the teacher.

‘SECTION 10. Discrimination against Teachers Prohibited. There shall be no discrimination
whatsoever in the entrance to the teaching profession or during its exercise or in the
termination of service based on consideration other than professional qualifications.

SECTION 11. Advancement and Promotion of Teachers in Basic Education. Subject to
necessary qualifications, teachers shall be assured opportunities to move from one type or
classification to a higher level or rank.

Promotion shall be based on 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 existing within the school. There shall be
transparency in the computation of teacher's evaluation which is composed of the following

iteria the respective weights of which shall be set upon consultation with all stakeholders
including teachers’ organization or union: self-evaluation, student evaluation, peer/co-
faculty and staff evaluation, and administration evaluation.

SECTION 12. Ranking of Faculty Members in Higher Education. Faculty members in higher
education shall be assigned academic ranks in accordance with their academic training and


scholarship. Criteria for ranking shall be performance-oriented and determined in
collaboration with the teachers’ organizations. Teachers have the right to choose what
components shall bear more weight in their respective situations: teaching/instruction,
service/community engagement, and research/scholarship.

‘A new member of the faculty in the collegiate level shall begin as an
instructor, provided that there shall be opportunities for promotion to a higher rank upon
hiring, if such appointed designation is warranted by his experience, training and scholarship
credentials.

SECTION 13. Academic Freedom. Teachers shall enjoy academic freedom in the discharge
of their professional duties, particularly with regard to teaching and classroom methods. in
particular, the concept of teachers’ academic freedom shall consist of the following rights:

a) the teacher's freedom in the exposition of his or her own subject and related
matters in the classroom or in speeches and publications;

b) the teacher's freedom in the choice of subjects of research and investigation
undertaken on their own initiative;

©) the school authorities’ recognition that whenever the teacher is speaking or writing
outside of their field of study, he or she shall be entitled to the same responsibility as
attached to all other citizens; and

d) the teachers’ right to choose textbooks and other references or supplementary
instructional materials he or she deems fit to his or her particular subject or
discipline.

C. Hours of Work, Remuneration, and Leaves

SECTION 14. Teaching Hours. Actual classroom teaching in basic education shall not be
more than six hours a day and shall be so scheduled as to give teachers time for the
preparation and correction of exercises and other work incidental to normal teaching duties,
Provided, however, that where the exigencies of the service so require, teachers 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 or her
regular remuneration plus at least twenty five percent of the basic pay.

For a faculty member in higher education, his or her regular full-time load
shall not be more than twelve hours per week with two preparations in line with the
teacher's major subject except as otherwise provided herein. However, said teaching load
may 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 hours per week.



SECTION 15. Additional Compensation. Notwithstanding any provision of existing law to
the contrary, teachers may be given co-curricular and off-campus activities or any other
Sctivities beyond their normal duties that will make them work longer than their regular
workload, Provided, that they shall be paid the regular compensation for the actual hours
worked plus an additional compensation of at least twenty five percent of their regular

remuneration.

SECTION 16. Hardship Allowances. In areas where teachers are exposed to hardship
peculiar to the place of employment such as difficulty in commuting to the place of work,
Conducting laboratory experiments, or other hazards, they shall be compensated with
special hardship allowance equivalent to at least twenty five percent of their monthly salary.
For laboratory subjects in college, the hardship allowance should be automatically granted
‘ona monthly basis.

SECTION 17. Criteria for Salaries. Teacher's salaries shall:

1. Reflect the importance to society of the teaching function and hence the importance
of teachers as welll as the responsibilities of all kinds which fall upon them from the
time of their entry into the service;

2. Compare favorably with salaries paid in other occupations requiring similar or
equivalent qualifications, training, and abilities;

3. Provide teacher with the means to ensure a reasonable standard of life for
themselves and their families as well as to invest in further education or in the
pursuit of cultural activities, thus enhancing their professional qualification;

4. Take account of the fact that certain posts require higher qualifications and
experience and carry greater responsibilities;

5. Be paid regularly and on time;

6. Be reviewed periodically to take into action such factors as a rise in the cost of living,
increased productivity leading to higher standards of life, or a general upward
‘movement in wage or salary levels;

7. Not be less than the entry-level salary of that a public school teacher, in the case of
private school teachers with an entry-level rank.

SECTION 18. Salaries Paid on Monthly Basis. Salaries of teachers shall be paid on monthly
basis for a period of twelve months regardless of semestral or summer vacations. For
Purposes of this Section, monthly basis shall mean that teachers shall be considered paid for
all the days of the month including rest days and holidays. Teachers who are required to
oe during semestral or summer vacations shall be paid an additional compensation pro


SECTION 20. Deductions Prohibited.

No person shall "
of teachers except under specific laws ie anv deduction fr

authorising such deducwae rom the salaries

D. Leave and Retirement Benefits

entitled to sick leave with pay
whether fulltime or part-time, shall enjoy sick leave with
Unused sick leave shall be accumulated i
upon resignation or retirement of the te.

SECTION 22. Vacation Leave. Full-time teachers shall be entitled to an annual vacation
leave with full pay of fifteen days.
SECTION 23. indefinite Leave. An indefinite sick leave of absence shall be granted to

teachers when the nature of the iliness demands a long treatment that will exceed one year
at the least.

SECTION 24. Emergency Leave. in case of calamities where a teacher becomes a victim, or
in the event of death in his or her immediate family, or any serious accident befalling him or
her or a dependent, he or she shall be entitled to an emergency leave with pay of not
exceeding five days per year.

SECTION 25. Study Leave and Sabbatical Leave. in addition to these leave privileges now
enjoyed by teachers in private schools, they shall be entitled to study leave not exceeding
‘one school year at any given year after five years of accumulated service, consecutive, or
not. During the period of such leave, the teachers shall be entitled to 100% of their monthly
salary. All private school teachers are also entitled to avail ofa sabbatical leave—equivalent
to a one-year leave—after every seven years of accumulated service, consecutive or not.
Sabbatical leaves can be postponed as per the request of teachers. In all cases, the study
leave and sabbatical leave period shall be counted for seniority, promotion, and pension
purposes.

i be set by DepEd and CHED in
SECTION 26. Other Leaves. Subject to the guidelines to
coordination with national teachers’ organizations, private school teachers shall ee
entitled to other forms of leaves including, but not limited to the following: rehabilitation
leave, bereavement leave, short-term vacation leave, and protessional leave.

E. Health Measures and Injury Benefits


SECTION 27. Medical Examination and Treatment. Compulsory medical examination shall
be provided free for all private school teachers before their employment and annually

thereafter.

Where medical examination shows 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 engaged in school related activities away
from the school premises or off-campus, the same shall be provided free by the school
concerned. With regard to the aforementioned diseases or injuries, the school should also
shoulder 100% of professional fees for any treatment, medication, and/or hospitalization
required or recommended by medical professionals.

In regions where there is scarcity of medical facilities, teachers may obtain
elsewhere the necessary medical care with the right to be reimbursed for their travelling
‘expenses by the private school management concerned.

SECTION 28. Compensation for Injuries. Teachers shall be protected against the
consequences of employment injuries in accordance with existing laws. The effects of the
physical and nervous strain on the teacher's health shall be recognized as a compensable
disease in accordance with existing laws.

SECTION 29. Social Security. Social security benefits of teachers shall strictly be pursuant to
applicable laws including those administered by the Social Security System. However, this
shall be without prejudice to benefits higher than the standards set by laws, either pursuant
to policies set by school employers or pursuant to agreements, including collective
bargaining agreements entered by school employers and teachers’ unions. School
employers shall endeavor to formulate such policies and agreements towards meeting the
standards of social security set out in relevant instruments of the International Labor
‘Organization, in particular the Social Security Convention of 1952.

SECTION 34. De Minimis Benefits. Private school teachers are also entitled to de minimis
benefits that include eyeglass allowance, rice allowance, clothing allowance, wellness
allowance, data packet/communications allowance, full HMO coverage for the teacher and
their spouse and their children (or parent/s from either side), and full HMO coverage for
single teachers and both parents. Schools are highly encouraged to provide additional de
minimis benefits, beyond those listed in this Section.

E. Teachers’ Organizations

SECTION 35. Freedom to Organize. Private school teachers shall have the right, freely and
without previous authorization, to establish and to join organizations of their choosing,
whether local or national, to further defend their economic, civil, or political interests.
Schools where there are no faculty organizations or unions shall allow the formation of such
organizations or unions, within six months of the implementation of this Act.

SECTION 36. Discrimination Against Teachers Prohibited. It shall be unlawful for any
person to commit any act of discrimination against teachers which are calculated:


Misr:

a) To make the employment and/or promotion of the teacher subject to the condition
that he or she shall not join an organization, or shall relinquish membership in an

organization;
To cause the dismissal of, or otherwise prejudice a teacher by reason of membership
in an organization, activity outside school hours, or with the consent of the proper
school authorities within school hours; and

b)

To prevent him or her from carrying out the duties imposed upon him or her by his
‘or her position in the organization, or to penalize him or her for an action
undertaken in that capacity.

C)

SECTION 37. Participation in Policy Making. Teachers shall have the right to be actively
represented in the Governing Boards of their respective schools, colleges, and universities
and shall be consulted in the formulation of professional standards, educational policies,
and other rules affecting their rights and welfare.

SECTION 38. Strike, Picketing and Other Concerted Activities. The right of teachers and
their organizations to conduct strikes, pickets, and other concerted activities shall not be
impaired in any manner, nor their exercise prejudice any teacher or teachers’ organization.

F. Final Provisions

SECTION 39. Teaching of the Magna Carta of Private School Teachers. The teaching of this
Act shall be compulsory in all schools offering courses in education.

SECTION 40. implementing Rules and Regulations. The Department of Education, the
Commission on Higher Education, and the Department of Labor and Employment, in
consultation with teachers’ organizations, shall jointly promulgate the rules and regulations
necessary 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 or by such other means as the Secretaries deem reasonably sufficient to give all
concerned parties general notice of such issuance.

SECTION 41. Penal Provision. A person who willfully interferes with, restrains or coerces
any teacher in the exercise of his or her rights guaranteed by this Act or who in any manner
violates any provision of this Act or the rules duly issued hereunder shall be punished with a
fine of not less than one hundred thousand pesos or by imprisonment of not more than six
years, or both, in the discretion of the court.

This provision shall be without prejudice to the liabilities of persons under
civil laws.

SECTION 42. Administrative Sanctions. The implementing Rules and Regulations shall
indude therein the appropriate rules for the imposition of administrative sanctions upon
Private schools that will violate any of the foregoing rights of a private school teacher.


SECTION 43. Repealing Clouse. All laws, decrees orders, rules and regulations, and
issuances of parts thereof inconsistent with this Act 2fe hereby repealed or amended

accordingly.
ision of this Act is declared invalid, the

SECTION 44. Separability Clouse. If any provisi
aannder of this Actor any provisions not affected thereby shall remain in force and effect.

SECTION 45. Effectivity Clouse. This act shall
publication in the Official Gazette or in at least
whichever comes earlier.

take effect fifteen (15) days after its
‘two newspaper of general circulation,

Approved,