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Magna Carta For Public School Teacher

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MODULE 3

MAGNA CARTA FOR PUBLIC SCHOOL TEACHER

Objectives:
At the end of this module, you are expected to:
1. Identify the different policy under the Magna Carta for Public School
Teacher;
2. Operationalize the rights of a public school teacher as stipulated under
the Magna Carta for Public School Teachers;
3. Differentiate responsibility from accountability;
4. Appreciate the role of a Public School Teacher;
5. Apply the knowledge about Republic Act No. 4670: Magna Carta for
Public School Teacher.
References:
Purita P. Bilbao, Ed.D, Brenda B. Corpuz, Ph.D, Avelina T. Llagas, Ed.D, Gloria
G. Salandanan, Ph.D. THE TEACHING PROFESSION: Magna Carta for Public
School Teacher page. 202-207, 2006.
Pre-Test:At the start of this module, you are to take the pre-assessment test to
see how much background information and knowledge you have in Magna
Carta for Public School Teacher.
1. What is the Republic Act no. 4670?
a. First call for children
b. Code of ethics for professional teacher
c. Except from the family code of the Philippine
d. Magna carta for public school teacher
2. Who are the president of the Philippines, who approved the republic
act no. 4670 in June 18, 1966?
a. Benigno Aquino
b. Gloria Macapagal arroyo
c. Ferdinand Marcos
d. Joseph Estrada
3. Why the declaration of republic act no. 4670 is important?
a. To promote and improve the social and economic status of public
school teachers
b. To increase the salary of public school teachers
c. To know the basic needs of public school teachers
d. To enhance the instructional strategy of public school teacher
4. Why this act shall use the term ‘teacher’ in magna carta for public
school teacher?
a. It means all persons engaged include the school nurses and
school physician
b. It means all persons engaged include the school dentist and other
school employees
c. It means all persons engaged in the classroom such as the
students
d. It means all persons engaged in classroom teaching in any level of
instruction
5. In section 8. Safeguard in Disciplinary Procedures, how teacher shall
enjoy equitable safeguards at the stage of any disciplinary
procedures?
a. The right not to full access to the evidence in the case
b. The right to be informed, in writing of the charges
c. No right to appeal to clearly designated authorities
d. The right to undefended himself and to be undefended by the
representative of his choice and/or by his organization
6. Why section 12. The academic freedom is important for public school
teachers?
a. Teacher shall enjoy the amount of his salary
b. Teacher have a freedom to absent anytime he want
c. Teacher shall enjoy academic freedom in the discharge of their
professional duties
d. Teacher have a freedom to drop the student anytime he/she want
7. In section 15. Criteria for Salaries, how teacher salaries shall
correspond to the following except:
a. They shall compare favorably with those paid in other occupations
requiring equivalent or similar qualification
b. They shall be such as to ensure teachers a reasonable standard of
life for themselves and their families
c. They shall be properly graded so as to recognize the fact that
certain positions require higher qualifications and greater
responsibilities by others.
d. They shall not be achieved by raising the lower end of the salary
scales relative to the upper end.
8. Why in section 19. Social Hardship Allowances is important benefits
to public school teacher?
a. Because in area which teachers are exposed to hardship such as
difficulty in commuting to the place of work
b. It helps to teachers being motivated go to school even far places
c. It helps to teachers being motivated to teach the student
d. All of the above
9. Why in section 10. No Discrimination is important to include under
the magna carta public school teacher?
a. No discrimination whatsoever in entrance to the teaching
profession or during its exercise
b. To prevent the equality in school especially to teachers
c. To prevent own freedom to do the job according to this act
d. All of the above
10. Why section 26 Salary Increase upon Retirement is important
benefits to public school teacher?
a. To make the teacher happy for the length of his service in
teaching
b. to give him a gift before he leave in teaching
c. give a reward because he is a hero who develops youth
d. all of the above
Introduction:
Education is one of the main pillars of progress and development of any
nation. Thus, the state recognizes the major role and contributions of teachers
in nurturing future leaders in public service and in business (especially those
who went to public schools).
REPUBLIC ACT No. 4670
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress Assembled:
I. DECLARATION OF POLICY - COVERAGE
Section 1. Declaration of Policy - It is hereby declared to be the policy of this
Act to promote and improve the social and economic status of public
schoolteachers, their living and working conditions, their employment and
career prospects in order that they may compare favorably with existing
opportunities in other walks of life, attract and retain in the teaching
profession more people with the proper qualification, it being recognized that
advance in education depends on the qualification and ability of the teaching
staff and that education is an essential factor in the economic growth of the
nation as a productive investment of vital importance.
Section 2. Title - Definition - This Act shall be known as the "Magna Carta for
Public School Teachers" and shall apply to all public school teachers except
those in the professorial staff of state colleges and universities. As used in this
Act, the term "teacher" shall mean all persons engaged in classroom teaching,
in any level of instruction, on full time basis, including guidance counsellors,
school librarians, industrial arts or vocational instructors, and all other
persons performing supervisory and/or administrative functions in all schools,
colleges and universities operated by the Government or its political
subdivisions; but shall not include school nurses, school physicians, school
dentists, and other school employees.
II. RECRUITMENT AND CAREER
Section 3. Recruitment and Qualification - Recruitment policy with respect to
the selection and appointment of teachers shall be clearly defined by the
Department of Education: Provided, however, That effective upon the approval
of this Act, the following shall constitute the minimum educational
qualifications for teacher-applicants:(a) For teachers in the kindergarten and
elementary grades, Bachelor's degree in Elementary Education (B.S.E.ED.)(b)
For teachers of the secondary schools, Bachelor's degree in Education or its
equivalent with a major and a minor; or a Bachelor's degree in Arts or Science
with at least eighteen professional units in Education.(c) For teachers of
secondary vocational and two years technical courses, Bachelor's degree in the
field or specialization with at least eighteen professional units in education.(d)
For teachers of courses on the collegiate level, other than vocational master's
degree with a specific area of specialization: Provided, further. That in the
absence of applicants who possess the minimum educational qualifications as
herein above provided, the school superintendent may appoint, under a
temporary status, applicants who do not meet the minimum qualifications:
Provided, further, That should teacher-applicants, whether they possess the
minimum educational qualifications or not, be required to take competitive
examinations: And provided, finally, That the results of the examinations shall
be made public and every applicant shall be furnished with his score and rank
in said examinations.
Section 4. Probationary Period - When recruitment takes place after adequate
training and professional preparation in any school recognized by the
Government, no probationary period preceding regular appointment shall be
imposed if the teacher possesses the appropriate civil service eligibility.
Provided, however, that where, due to the exigencies of the service, it is
necessary to employ as teacher a person who possesses the minimum
educational qualifications herein above set forth but lacks the appropriate civil
service eligibility, such person shall be appointed on a provisional status and
shall undergo a period of probation for not less than one year from and after
the date of his provisional appointment.
Section 5. Tenure of Office - Stability of employment and security of tenure
shall be assured the teachers as provided under existing laws. Subject to the
provisions of Section three hereof, teachers appointed on a provisional status
for lack of necessary civil service eligibility shall be extended permanent
appointment for the position he is holding after having rendered at least ten
years of continuous, efficient and faithful service in such position.
Section 6. Consent for Transfer - Transportation Expenses. - Except for cause
and as herein otherwise provided. No teacher shall be transferred without his
consent from one station to another. Where the exigencies of the service require
the transfer of a teacher from one station to another, such transfer may be
effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefore. If the teacher
believes there is no justification for the transfer he may appeal his case to the
Director of Public Schools or the Director of Vocational Education, as the case
may be. Pending his appeal and the decision thereon, his transfer shall be held
in abeyance: Provided, however, that no transfer whatever shall be made three
months before any local or national election. Necessary transfer expenses of the
teacher and his family shall be paid for by the Government if his transfer is
finally approved.
Section 7. Code of Professional Conduct for Teachers - Within six month from
the approval of this Act, the secretary of Education shall formulate and prepare
a code of Professional Conduct for Public School Teachers. A copy of the Code
shall be furnished each teacher. Provided, however, that where this is not
possible by reason of inadequate fiscal resources of the Department of
Education, at least three copies of the same Code shall be deposited with the
office of the school principal or head teacher where they may be accessible for
use by the teachers.
Section 8. Safeguards in Disciplinary Procedure - Every teacher shall enjoy
equitable safeguards at each stage of any disciplinary procedure and shall
have:
a) The right to be informed, in writing of the charges;
b) The right to full access to the evidence in the case;
c) The right to defend himself and to be defended by a representative of his
choice and/or by his organization, adequate time being given to the teacher for
the preparation of his defense; and
d) The right to appeal to clearly designated authorities. No publicity shall be
given to any disciplinary action being taken against a teacher during the
pendency of his case.
Section 9. Administrative Charges - Administrative charges against a teacher
shall be heard initially by a committee composed of the corresponding School
Superintendent of the division or a duly authorized representative who should
at least have the rank of a division supervisor, where the teacher belongs, as
chairman, are presentative of the local or, in its absence, any existing
provincial or national teachers' organization and supervisor of the Division, the
last two to be designated by the Director of Public Schools. The committee shall
submit its findings and recommendations to the Director of Public Schools
within thirty (30) days from the termination of the hearings: Provided, however,
that where the school superintendent is the complainant or an interested
party, all the members of the committee shall be appointed by the Secretary of
Education
Section 10. No Discrimination - There shall be no discrimination whatsoever
in entrance to the teaching profession, or during its exercise, or in the
termination of services, based on any ground other than professional
consideration.
Section 11. Married Teachers - Whenever possible, the proper authorities shall
take all steps to enable married couples, both of whom are public school
teachers, to be employed in the same locality
Section 12. Academic Freedom - Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with regard to teaching and
classroom methods.
III. HOURS OF WORK AND REMUNERATION
Section 13. Teaching Hours - Any teacher engaged in actual classroom
instruction shall not be required to render more than six hours of actual
classroom teaching a day, preparation and correction of exercises and other
work incidental to his normal teaching duties: Provided, however, That where
the exigencies of the service so require, any teacher 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 regular remuneration plus at least twenty-five percent of his basic pay
Section 14. Additional Compensation - Notwithstanding any provision of
existing law to the contrary, co-curricular and out of school activities and any
other activities outside of what is defined as normal duties of any teacher shall
be paid additional compensation of at least twenty-five per cent of his regular
remuneration after the teacher has completed at least six hours of actual
classroom teaching a day In the case of other teachers or school officials not
engaged in actual classroom instruction, any work performed in excess of eight
hours a day shall be paid an additional compensation of at least twenty-five per
cent of their regular remuneration. The agencies utilizing the services of
teachers shall pay the additional compensation required under this section.
Education authorities shall refuse to allow the rendition of services of teachers
for other government agencies without the assurance that the teachers shall be
paid the remuneration provided for under this section.
Section 15. Criteria for Salaries - Teachers' salaries shall correspond to the
following criteria:(a) They shall compare favorably with those paid in other
occupations requiring equivalent or similar qualifications, training and
abilities;(b) They shall be such as to insure teachers a reasonable standard of
life for themselves and their families; and(c) They shall be properly graded so as
to recognize the fact that certain positions require higher qualifications and
greater responsibility than others. Provided, however, that the general salary
scale shall be such that the relation between the lowest and highest salaries
paid in the profession will be of reasonable order. Narrowing of the salary scale
shall be achieved by raising the lower end of the salary scales relative to the
upper end
Section 16. Salary Scale - Salary scales of teachers shall provide for a gradual
progression from minimum to a maximum salary by means of regular
increments, granted automatically after three years: provided, that the
efficiency rating of the teacher concerned is at least satisfactory. The
progression from the minimum to the maximum of the salary scale shall not
extend over a period of ten years.
Section 17. Equality in Salary Scales - The salary of teachers whose salaries
area appropriated by a city, municipal, municipal district, or provincial
government, shall not be less than those provided for teachers of the National
Government.
Section 18. Cost of Living Allowance - Teacher's salaries shall, at the very
least, keep pace with the rise in the cost of living by payment of a cost-of-living
index. The Secretary of Education shall recommend to Congress, at least
annually, the appropriation of the necessary funds for the cost-of-living
allowances of teacher self-employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of Education
shall, upon approval of the President of the Philippines, be binding on the city,
municipal or provincial government, for the purposes of calculating the cost-of-
living allowances of teachers under its employ.
Section 19. Special Hardship - In areas in which teachers are exposed to
hardship such as difficulty in commuting to the place of work or other hazards
peculiar to the place of employment, as determined by the secretary of
Education, they shall be compensated by special hardship allowances to at
least twenty-five per cent of their monthly salary
Section 20. Salaries to be paid in Legal Tender - Salaries of teachers shall be
paid in legal tender of the Philippines or its equivalent in checks or treasury
warrants. Provided, however, that such checks or treasury warrants shall be
cash-able in any national, provincial, city or municipal treasurer's office or any
banking institutions operating under the laws of the Republic of the
Philippines.
Section 21. Deductions Prohibited - No person shall make any deduction
whatsoever from the salaries of teachers except under specific authority of law
authorizing such deductions: Provided, however, that upon written authority
executed by the teacher concerned, (1) lawful dues and fees owing to the
Philippine Public School Teachers Association, and (2) premiums properly due
on insurance policies shall be considered deductible.
IV. HEALTH MEASURES AND INJURY BENEFITS
Section 22.Medical Examination and Treatment - Compulsory medical
examination shall be provided free of charge for all teachers before they take up
teaching, and shall be repeated not less than once a year during the teacher's
professional life. Where medical examination shows that medical treatment
and/or hospitalization is necessary, same shall be provided free by the
government entity paying the salary of the teachers.
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 traveling expenses by the government entity concerned in the first
paragraph of this Section.
Section 23. 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 occupation disease in accordance with existing
laws
V. LEAVE AND RETIREMENT BENEFITS
Section 24. Study Leave - In addition to the leave privileges now enjoyed by
teachers in the public schools, they shall be entitled to study leave not
exceeding one school year after seven years of service. Such leave shall be
granted in accordance with a schedule set by the Department of Education.
During the period of such leave the teachers shall be entitled to at least sixty
percent of their monthly salary: Provided, however, That no teacher shall be
allowed to accumulate more than one year study leave, unless he needs an
additional semester to finish his thesis for a graduate study in education or
allied courses: Provided, further, That no compensation shall be due the
teacher after the first year of such leave. In all cases, the study leave period
shall be counted for seniority and pension purposes. The compensation allowed
for one year study leave as herein provided shall be subject to the condition
that the teacher takes the regular study load and passes at least seventy-five
percent of his courses. Study leave of more than one year maybe permitted by
the Secretary of Education but without compensation.
Section 25. Indefinite Leave - An indefinite sick leave of absence shall be
granted to teachers when the nature of the illness demands a long treatment
that will exceed one year at the least.
Section 26. Salary Increase upon Retirement - Public school teachers having
fulfilled the age and service requirements of the applicable retirement laws
shall be give none range salary raise upon retirement, which shall be the basis
of the computation of the lump sum of the retirement pay and the monthly
benefits thereafter.
VI. TEACHERS ORGANIZATION
Section 27. Freedom to Organize - Public School teachers shall have the right
to freely and without previous authorization both to establish and to join
organizations of their choosing, whether local or national to further and defend
their interests.
Section 28. Discrimination Against Teachers Prohibited – The rights
established in the immediately preceding Section shall be exercised without
any interference or coercion. It shall be unlawful for any person to commit any
acts of discrimination against teachers which are calculated to (a) make the
employment of a teachers subject to the condition that he shall not join an
organization, or shall relinquish membership in an organization, (b) cause the
dismissal of or otherwise prejudice a teacher by reason of his membership in
an organization or because of participation in organization activities outside
school hours or with the consent of the proper school authorities, within school
hours, and (c) prevent him from carrying out the duties laid upon him by his
position in the organization, or to penalize him for an action undertaken in that
capacity.
Section 29. National Teacher's Organizations - National teacher's organization
shall be consulted in the formulation of national educational policies and
professional standards, and in the formulation of national policies governing
the social security of the teachers.
VII. ADMINISTRATION AND ENFORCEMENT
Section 30. Rules and Regulations - The Secretary of Education shall
formulate and prepare the necessary rules and regulations 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 and by such other means as the Secretary of Education deems
reasonably sufficient to give interested parties general notice of such issuance.
Section 31. Budgetary Estimates - The Secretary of Education shall submit to
Congress annually the necessary budgetary estimates to implement the
provisions of the Act concerning the benefits herein granted to public school
teachers under the employ of the National Government.
Section 32. Penal Provisions - Any person who shall willfully interfere with,
restrain or coerce any teacher in the exercise of his rights guaranteed by his
Act or who shall in any manner commit any act to defeat any of the provisions
of this Act, shall upon conviction, be punished by a fine of not less than one
hundred pesos nor more than one thousand pesos, or by imprisonment, in the
discretion of the court. If the offender is a public official, the court shall order
his dismissal from the Government service.
Section 33. Repealing Clause - All Acts or parts of Acts, executive orders and
their implementing rules inconsistent with the provisions of this Act are hereby
repealed, amended or modified accordingly.
Section 34.Separability Clause - If any provision of this Act is declared invalid,
the remainder of this Act or any provisions not affected thereby shall remain in
force and effect.
Section 35. This Act shall take effect upon its approval.
Approved:
(Sgd.) ARTURO M. TOLENTINO
President

This Act, which originated in the Senate, was finally passed by the same
on May 19, 1966.
(Sgd.) CORNELIO T. VILLAREAL
Speaker of the House of Representatives

Finally passed by the House of Representatives on May 19, 1966


(Sgd.) REGINO S. EUSTAQUI0
Secretary of the Senate

(Sgd.) INOCENCIO S. PAREJA


Secretary of the House of Representatives
Approved:
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
June 18, 1966

Essential Question
1. Who are referred to as "teacher" in R.A. 4670? Who are not included
school personnel/employees?
2. What can be examples of "discrimination" to the teaching profession
based on professional consideration?
3. Actual classroom teaching a day should not exceed six hours. What can
be some reasons behind this limit on teaching hours?
Post-Test
1. Why in section 10. No Discrimination is important to include under the
magna carta public school teacher?
a. No discrimination whatsoever in entrance to the teaching
profession or during its exercise
b. To prevent the equality in school especially to teachers
c. To prevent own freedom to do the job according to this act
d. All of the above
2. Why in section 19. Social Hardship Allowances is important benefits to
public school teacher?
a. Because in area which teachers are exposed to hardship such as
difficulty in commuting to the place of work
b. It helps to teachers being motivated go to school even far places
c. It helps to teachers being motivated to teach the student
d. All of the above
3. Why section 26 Salary Increase upon Retirement is important benefits
to public school teacher?
a. To make the teacher happy for the length of his service in
teaching
b. to give him a gift before he leave in teaching
c. give a reward because he is a hero who develops youth
d. all of the above
4. What is the Republic Act no. 4670?
a. First call for children
b. Code of ethics for professional teacher
c. Except from the family code of the Philippine
d. Magna carta for public school teacher
5. Why the declaration of republic act no. 4670 is important?
a. To promote and improve the social and economic status of public
school teachers
b. To increase the salary of public school teachers
c. To know the basic needs of public school teachers
d. To enhance the instructional strategy of public school teacher
6. Why section 12. The academic freedom is important for public school
teachers?
a. Teacher shall enjoy the amount of his salary
b. Teacher have a freedom to absent anytime he want
c. Teacher shall enjoy academic freedom in the discharge of their
professional duties
d. Teacher have a freedom to drop the student anytime he/she want
7. In section 15. Criteria for Salaries, how teacher salaries shall
correspond to the following except:
a. They shall compare favorably with those paid in other
occupations requiring equivalent or similar qualification
b. They shall be such as to ensure teachers a reasonable standard
of life for themselves and their families.
c. They shall be properly graded so as to recognize the fact that
certain positions require higher qualifications and greater
responsibilities by others.
d. They shall not be achieved by raising the lower end of the salary
scales relative to the upper end.
8. Who is the president of the Philippines, who approved the republic act
no. 4670 in June 18, 1966?
a. Benigno Aquino
b. Gloria Macapagal arroyo
c. Ferdinand Marcos
d. Joseph Estrada
9. Why this act shall use the term ‘teacher’ in magna carta for public
school teacher?
a. It means all persons engaged include the school nurses and
school physician
b. It means all persons engaged include the school dentist and other
school employees
c. It means all persons engaged in the classroom such as the
students
d. It means all persons engaged in classroom teaching in any level
of instruction
10. In section 8. Safeguard in Disciplinary Procedures, how teacher
shall enjoy equitable safeguards at the stage of any disciplinary
procedures?
a. The right not to full access to the evidence in the case
b. The right to be informed, in writing of the charges
c. No right to appeal to clearly designated authorities
d. The right to undefended himself and to be undefended by the
representative of his choice and/or by his organization
MODULE 3
“MAGNA CARTA FOR PUBLIC SCHOOL
TEACHER”

Name: Bayang, Jhunmark B.


BSED-TLE
Submitted to: Mr. Richard Catain

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