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THIRTEENTH CONGRESS OF THE 1 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
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SENATE 
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S.S. No. 
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Introduced by Senator Jinggoy Ejercito Estrada 
EXPLANATORY NOTE 
The quality of the city of any country depends largely on the kind of care 
and attention they receive during childhood. Studies show that the first six years 
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of childhood will determine what he will be as a youth and as an adult. For this 
reason, a child should be given the opportunity to develop their cognitive, 
personahocial and language skills at an early age. 
The passage of Republic Act No. 6972 known as the “Barangay-Level 
Total Development & Protection of Children Acf” provides] among others for the 
establishment of a day care center in every barangay. However, with the advent 
of devolution not all barangays have day care centers. 
Adversely affected] more than the day care workers, themselves are the 
children who are recipients of DCS. As such, day care workers should be 
provided with security of tenure by creating permanent plantilla positions in the 
local government units. 
Further, they should be given compensation 
commensurate to their expertise and workload. 
Opportunities for self- 
development should be made available top them. 
Needless to say, we must not leave the future of our children to chance. 
Let use secure their bright by safeguarding the economic arid social development 
of our day care workers. 
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THIRTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by Senator Jinggoy Ejercito Estrada 
AM ACT 
PROVIDI_NG 
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~ A MAGNA CARTA FOR DAY CARE WORKERS 
Be it enacted by the Senate and the House of Represenfatives of the Philippines in 
Congress assembled: 
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CHAPTER I - Basic Principles 
SECTION 1. Title - This Act shall be known as the "Magna Carfa for Day Care 
Workers. " 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to 
promote and improve the social and economic status of day care workers. Towards this 
end, the state shall adopt policies that will protect the rights of the day care workers and 
promote their welfare: 
SEC. 3. Coverage. - This Act shall cover all persons engaged in providing early 
Childhood Development in government sponsored day care centers. The day care 
worker's primary function is to assist in the care of the children and provide consultative 
and provide consultative services for social, educational, and other of the children. 
CHAPTER 2 - Recruitment and Qualification 
SEC. 4. Qualifications - A day care workers must be legal age, must posses a 
career sub-professional eligibility and must have sufficient training in Early Childhood 
Care and Development. Provided, however, that an incumbent day care worker who 
has been serving for the last five (5) Years upon approval of this Act does not meet the 
prescribed education finish the day care worker training course provided by the 
Department of Social welfare and development (DSWD) within one (I) 
after the 
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effectivity of this Act. 
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SEC. 5. Recruitment. - A qualified day care worker shall file hislher application 
with the local government unit concerned. under no circumstances shall a day care 
worker be discriminated on the basis of gender, religion, age, status, race or political 
affiliation. 
CHAPTER 3 - Remuneration and Working Conditions 
SEC. 6. Salary. - A day care worker shall receive a salary equivalent to: 
Level I - High School Level to Below second year college and 
length of at least five (5) years shall receive salary grade; 
Level 2 - Second Year Colleae Level shall receive salary 
equivalent to salary grade 8; and 
Level 3 - Colleae Graduate Level shall receive salary equivalent to 
salary grade I O  
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SEC. 7. Working Hours. - A day care worker is required eight (8) working hours 
a day or forty (40) working hours a week; Provided, that, the municipal social worker 
officer may require a day care worker to render services beyond hidher required 
working hours. 
SEC. 8. Additional Compensation and Allowances. - Day care workers shall 
provided with additional compensation for services rendered beyond the required 
working hours per day or a total of 40 hours per week. 
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SEC. 9. Special Hardship Allowance, -At such rates as may be determine by 
the local government unit concerned, day care workers shall be entitled to a special 
hardship allowance depending on the hazarddrisks faced at the place of assignment. 
SEC. I O .  Married Day Care workers. -Whenever possible, married couples 
who are both day care workers shall be assigned in the same municipality or city. 
SEC. 11. Transfer and Tenure of Office. - No day care worker shall be 
transferred from one center to another without hislher prior knowledge and/or consent. 


As provided under existing laws, no day care worker hall be terminated 
from work without due cause. 
CHAPTER 4 - Other Benefits 
SEC. 12.Leave and Benefifs - As provided under existing Laws, a day care 
worker is entitled to maternity and/or paternity, sick and vacation leave. 
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Day care workers with outstanding work performance based on evaluation may 
avail of study leave. 
SEC. 13. Free Medical Examinafion and Treafmenf. - Pre-employment and 
annual medical examination shall be 
provided by the government Hospitals free of 
charge, to all day care workers. Day care workers suffering from work-related ailments 
shall be treated free of charge in government hospitals. 
SEC. 14. Insurance and Retirement Benefifs. - Qualified day care workers 
shall automatically become member of the Government Service Insurance (GSIS) 
Day care workers, having fulfilled the age service requirements of the applicable 
retirement laws, shall be given a one-step salary grade upon retirement which shall be 
the basic of computation for retirement pay and retirement benefits. 
CHAPTER 5 - Organization of Day Care Workers 
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SEC. 15. Freedom to Organize. - Day care worker shall have the freedom to 
organize themselves without prior consultation with the local government units to which 
they are assigned. 
The different organization of day care workers shall 
be consulted in the 
formulation of national policies and programs that will benefit the sector. 
Under no circumstances 
shall any care worker be dismissed on the basis 
of his/her membership in any organization of day care workers. 


CHAPTER 6 - Final Provisions 
SEC. 16. Code of Conducf Ifor Day Care Worker. .- Within six (6) months upon 
the approval of this Act, the DSWD, in consultation with national organization of the day 
care worker, shall formulate 
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a code of conduct for day care workers. Each day care 
workers shall be provided with a copy of the code. 
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SEC. 17. Supporf from Non-Governmenf Organizafions. - None-Government 
Organizations or private volunteer organizations are hereby encourage to assist the 
government in the implementation of programs and project of day care workers. 
SEC. 18. Rules and Regulations - The Department of Interior and Local 
Government (DILG) and the DSWD, in consultation with the Civil Service Commission 
(CSC), and the national organization for day care workers, shall formulate themles and 
regulations necessary to implement the provisions of this Act within six (6) months after 
the effectivity of this Act. 
SEC. 19, Appropriafions - Salaries and other benefits for day care workers 
shall be charged to the local government unit concernGd. Training needs of day care 
workers shall be charged to annual appropriations of the DSWD. 
SEC. 20. Penal Provisions. - Any person who violates this Act shall be 
punished with a fine of not less that Five Thousand (Php5,000.00) and/or imprisonment 
of not less than two (2) months but not more that one (I) 
year at the court. 
If the offender is a public officials, heishe shall, in additional tq the penalties 
stated above, be dismissed from government service 
SEC. 21. Separability Clause. - If any provision of this Act shall be held 
unconstitutional, or invalid, other parts or provisions hereof which are not affected 
thereby shall continmto be in full force effect. 
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SEC. 22. Repealing Clause. - All laws, decrees, executive orders, and rules 
and regulations inconsistent with or contrary to. this Act hereby repealed or modified 
accordingly. 


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SEC. 23. Eff'ectivify, - This Act take effect fifteen (15) days after its publications 
in any two (2) newspaper of general circulation. 
Approved,