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

EIGHTEENTH CONGRESS
Second Regular Session

House BILL No. 7126

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

AN ACT
PROVIDING SPECIAL HARDSHIP ALLOWANCE FOR PUBLIC SCHOOL TEACHERS

EXPLANATORY NOTE

This bill proposes to institutionalize the Special Hardship Allowance (SHA) to be given
monthly to qualified teachers. The SHA will alleviate the financial burdens of public school
teachers and compensate them for their hard work and sacrifices.

Section 19 of Republic Act 4670, or the Magna Carta for Public School Teachers provides
the legal basis of SHA for teachers, as implemented by the Department of Education (DepEd) and
the Department of Budget and Management (DBM) through their circulars and orders covering
the guidelines on its grant. Through National Budget Circular 514 dated December 5, 2007 and
entitled Guidelines on the Grant of Special Hardship Allowance, the DBM diminishes the SHA by
setting its maximum amount to 25% annually—contrary to the law's mandate of 25% monthly as
the minimum amount. Also, the DBM further limits the benefit by making a preference on the
order of its payment, that is, classroom teachers and administrative heads assigned in hardship
posts must be pi t before multi-grade teachers, mobile teachers, and ALS coordinators—
other teachers whose duties make them in dire need of the SHA. This preference is neither found
in the letter of the law nor justified by the spirit of the law, and it deprives those lower in the list
of preference of the SHA when appropriated funds or savings run low, as is usually the case.
Lastly, the DBM circular deliberately deletes (and therefore does not give life to) the phrase on
Section 19 of the Magna Carta regarding the “other hazards peculiar to the place of employment,
as determined by the Secretary of Education.” This is another unjustified narrowing of the
coverage of the SHA, as the DepEd—which is more apprised and updated of the nature and kinds
of hazards to which its teachers are exposed—is deprived of the discretion of who must be
granted the benefit.



The COVID-19 pandemic highlights another instance in which teachers are excluded from
receiving the benefit despite the fact that the law intends for them to get it. Per NBC 514,
“hardship post” includes “difficulty of situation,” namely, a “place declared calamitous (sic) by
the President based on National Disaster Coordinating Council (NDCC) recommendation,”
“involves hazards of life, including exposures to armed conflict, to be determined by the Schools
Division Superintendent (SDS),” or “inconvenience of travel due to dangerous terrain, isolation
and extreme weather condition to be determined by the SDS.” This definition appears to be
broad enough to cover many situations, but is not so in reality. The entire nation is practically
declared under a state of calamity due to the pandemic, but teachers nationwide, numbering in
the thousands, who are asked to report to work and are therefore subjected to the invisible yet
deadly risk of the new coronavirus are not given the SHA. Natural and human-induced disasters
not “huge enough” to merit attention of the national government or the SDS do not qualify under
the first or second instances of “hardship post” so teachers asked to report to work in places
affected by such disasters are not given the SHA. The usual reason for this: There is no issuance
from either the Office of the President, DBM, or DepEd that categorically declares the availability
of the SHA for these situations. As worded and implemented, the guidelines are heavy on
bureaucracy, but light on the needs and demands of teachers.

This diminution of the SHA via administrative acts and issuances results in injustice to
public school teachers—an injustice that becomes even graver considering that the teachers
concerned are those who make the greatest sacrifices just to bring education to Filipino children
in the hardest-to-reach corners of our country. The teachers who must be given the SHA are
those who endure long and risky travel to and from schools, handle multi-grade classes because
of the lack of teachers, budget, or schools, and are tasked with implementation of non-formal
and alternative education program.

The Magna Carta for Public School Teachers as the enabling law of SHA was first enacted
in 1966, but until now, more than five decades later, government through the DepEd and DBM
fails to implement and release the allowances, there are still many teachers who were not
compensated despite their hardship. The time is thus ripe for government to strengthen the
‘SHA—and respond to the needs of teachers—by institutionalizing it.


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

ACT Teachers Party-List

BS 3

Rep. CARLOS ISAGANI T. ZARATE Rep. ERDINAND GAITE
BAYAN MUNA Party-List BAYAN MUNA Party-List

Dubamos bila

Rep. EUFEMIA C. CULLAMAT Rep/ARLENED. BROSAS
BAYAN MUNA Party-List GABRIELA Women’s Party

Rep. SARAH JANE |. ELAGO
KABATAAN Party-List



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

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL Cr

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 I, ELAGO

AN ACT
PROVIDING SPECIAL HARDSHIP ALLOWANCE FOR PUBLIC SCHOOL TEACHERS

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

SECTION 1, Coverage. The Special Hardship Allowance (SHA) shall be granted to qualified
teachers under any of the following situations: (a) being assigned to a hardship post; (b)
performing multi-grade teaching; (c) carrying out mobile teaching functions; or (d) performing
functions of non-formal education or Alternative Learning System (ALS) coordinators. These
qualified teachers may either be resident or transient having regular or temporary appointment.

SECTION 2. Definitions. For purposes of this Act:

a) Hardship Posts refers to public schools or community learning centers located in areas
characterized by extraordinarily hard, uncomfortable, and extreme difficulties in any of
the following conditions:

i. Transport inaccessibility — accessible only by hiking, animal ride, banca ride or other
unusual or irregular means of transportation, partly or wholly from the nearest point
of available regular motorized land or water transport with minimum distance of 5
kilometers;

ii, State of calamity - The place is declared to be under a state of calamity by the
President based on the recommendation of the National Disaster Risk Reduction and
Management Council (NDRRMC). Provided, however, That where a national state of
calamity is declared by the President, all teachers under the preceding Section shall


b)

°)

d)

be deemed as serving in hardship posts without further need of any issuance from
the DBM or DepEd. Provided, further, That where the declaration of a state of
calamity is limited to a certain jurisdiction, qualified teachers in that jurisdiction shall
be deemed as serving in hardship posts, also without further need of any issuance;

ili. Hazards to life — including but not limited to exposures to armed conflict, to be
determined by the Schools Division Superintendent (SDS);

iv. Inconvenience of travel — due to dangerous terrain, isolation, and extreme weather
conditions, to be determined by the SDS;

v. Health hazards ~ as determined by the Department of Health (DOH); and

vi. Other hazards peculiar to the place of employment — as determined by the
Department of Education (DepEd).

The DepEd Central Office and SDS, DOH, and DBM shall consult with the unions
and organizations of public school teachers, and receive and consider the
recommendations of the latter as to the places which should be considered as
inaccessible, or places or situations involving hazards to life, inconvenience of travel,
health hazards, or other hazards, as the case may be.

Mobile Teachers (MT) ~ refer to specialized public school teachers conducting learning
sessions using the alternative learning delivery mode and who usually move from one
station to another in depressed, disadvantaged, and underserved communities.

Multi-grade Teachers (MGT) ~ refer to teachers handling a class of two or more grades.

Non-formal Education or ALS Coordinators ~ refer to public school teachers who are
officially designated by the SDS to perform ALS program coordinating functions in
addition to his or her regular duties as learning facilitator.

SECTION 3. Amount of SHA for Hardship Posts. The SHA shall be given to qualified teachers
assigned to hardship posts equivalent to at least twenty-five percent (25%) of their monthly basic

salary.

A fraction of an hour of qualified travel and ratios of days present to total class days shall

be reckoned to the nearest peso, provided that qualified travel of less than one third (1/3) of an
hour or attendance ratio of less than one is to three (1:3) for the month shall not be
compensated. The allowable SHA shall be computed as follows:

SHA = (Basic Salary x Rate per Distance) x Number of Days Present in a Month
over Number of Working Days in a Month;
wherein Rate per Distance is:

Distance Rate per Distance (% of
Basic Salary)



5-10 km 15%
11-20 km 20%
21. km & above 25%

The distance is computed in kilometers of the hardship post starting from the nearest
point of available regular motorized land or water transport.

SECTION 4, Amount of SHA for Multi-grade Teachers, Mobile Teachers and Non-formal
Education or ALS Coordinators. The SHA shall be given to multi-grade teachers, as follows:

Handling classes of 2 grades minimum of 15% of basic
salary

Handling classes of 3 grades minimum of 20% of basic
‘= salary

Handling classes of 4 or more _| minimum of 25% of basic
grades salary

The SHA shall be withdrawn as soon as the MGT transfers to a single grade class or when
the multi-grade class is converted to a single grade due to increase in enrolment and the
subsequent assignment of an additional teacher

For Mobile Teachers and Non-Formal Education or ALS Coordinators, the SHA shall be
given as follows:

Handling 1 learning level 15% of basic salary
Handling 2 different learning levels _| 20% of basic salary
Handling 3 or more learning levels _| 25% of basic salary

The learning levels refer to: (a) basic literacy; (b) elementary level; (c) secondary level; or
(d) special projects such as income-generating projects, projects involving learners with
disabilities, or informal education for parents or indigenous peoples.

SECTION 5. Monitoring. The DepEd shall, in strict coordination with its Divisions, as well as the
unions and organizations of public school teachers, monitor the implementation of this Act,
including but not limited to the budgetary requirements for the complete grant of the SHA to all
qualified teachers. It shall submit the results of such monitoring annually to the Senate
Committee on Basic Education, Arts and Culture, the House Committee on Basic Education and
Culture, and the Department of Budget and Management.

SECTION 6. Implementing Rules and Regulations. The DepEd shall promulgate the necessary
rules and regulations for the faithful and effective implementation of the provisions of this Act
within thirty (30) days from the date of its effectivity.

Failure to comply with the mandate of this Section will render the responsible officials
liable under relevant laws and administrative rules.


SECTION 7. Appropriations. Upon effectivity of this Act, the amounts necessary for its
implementation shall be charged against the current appropriations of the DepEd. Thereafter,
the funds shall be provided in the annual General Appropriations Act.

SECTION 8. Separability Clause. Should any provision of this Act or any part thereof be declared
invalid, the other provisions, insofar as they are separable from the invalid ones, shall remain in
full force and effect.

SECTION 9. Repealing Clause. Any provision of laws, orders, agreements, rules, or regulations
contrary to and inconsistent with this Act is hereby repealed, amended or modified accordingly.

SECTION 10. Effectivity. This Act shall take effect fifteen (15) days after its complete publication
either in the Official Gazette, or in at least two (2) newspapers of general circulation.

Approved,