0% found this document useful (0 votes)
240 views19 pages

Rights and Privileges of All Teachers in The Philippines: Prepared By: Meredith Cal

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1/ 19

Rights and Privileges of

all Teachers in the


Philippines
Prepared by: Meredith Cal
Janice Manzo
Those who educate children
well are more to be honored
than parents, for these only
gave life; those the art of
living well. - Aristotle
The 1987 Philippine Constitution
The state shall enhance the right teachers to
professional advancement. It shall “assign the highest
budgetary priority to education to “ensure that teaching
will attract and retain its rightful share of the best
available talents through adequate remuneration and
other means of job satisfaction and fulfillment.”
Commonwealth Act 578 amended the Revised Penal
Code to include teachers, professors and persons charged
with the supervision of public and duly recognized private
schools, colleges, and universities, within the term “
persons in authority.”
RA 4670, The Magna Carta for Public School Teachers
1. Consent for transfer
2. Safeguards in disciplinary procedure
3. No discrimination
4. Married couples to be employed in the same locality
5. Academic freedom
6. Not more than 6 hours of actual classroom teaching
7. Additional compensation for activities outside normal duties
8. Salaries comparable to other occupations to insure teachers a reasonable
standard life for themselves and their families
9. Salaries appropriated by local governments not to be less than those paid
to teachers for the national government
10.Cost of living allowance
11.Special hardship allowances
12.Medical examination free of charge once a year during the teacher’s
professional life
13.Prohibition of unauthorized deduction from teacher’s salaries
14.Study leave
15.Indefinite leave
16.Salary increase upon retirement
17.Freedom to establish or join organization of their choice
Answer TRUE if the statement is correct and FALSE if it is wrong.
________1. Special hardships allowances of professional teachers is equivalent to at least ten per cent
of their monthly salary for those who quality
________2. Teachers enjoy free medical examination even after retirement
________3. Teachers are entitled to a study leave for one year after a minimum ten years of teaching
________4. Teachers may enjoy full compensation allowed for one year study leave on condition that
the teacher takes the regular study load and passes at ;east seventy-five per cent of his
courses without any condition.
________5. Teachers may be entitled to a study leave of more than two years provided permitted by
the Secretary of Education but without compensation.
________6. Teachers may enjoy an indefinite sick leave of absence when the nature of the illness
demands a long treatment that will exceed one year at least.
________7. Those who teach in multi-grade classes, mobile teachers and non-formal Education or
Alternative Learning System (ALS) Coordinators are entitled to hardship allowance.
________8. Teachers enjoy stability of employment and security of tenure under existing laws
________9. Teachers have safeguards in disciplinary procedures.
________10. Teachers enjoy the right to establish, join, maintain labor organization of their choice to
promote their welfare and defend their interest.
________11. Teachers may be transferred without their consent from one station to another
where there is urgent need.
________12. Employment in the same locality for those who are married whenever possible.
________13. Teachers may have more than 6 hours of teaching but not exceeding 9 hours.
________14. Teachers are entitled to an additional compensation of at least twenty-five per
cent of his regular remunerations after the teacher has completed at least six
hours of actual classroom teaching a day.
________15. Teachers are entitled to additional compensation when they serve during
elections paid by DepEd.
• Ask usa ta ni mam f kto
tanan magna carta sa
likod ang e discuss
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE


Sec. 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 school teachers, their living and working conditions, their terms
of 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 qualifications, it being recognized that advance in education depends on the qualifications 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.
Sec. 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 counselors, 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
Sec. 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 of
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
hereinabove 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,
preference in making appointments shall be in the order of their respective ranks in said 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.
Sec. 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.
Sec. 5. Tenure of Office. Stability on 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.
Sec. 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 therefor. 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 transfers
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.
Sec. 7. Code of Professional Conduct for Teachers. Within six months 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.
Sec. 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.
Sec. 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, a representative of
the local or, in its absence, any existing provincial or national teacher's organization and a 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 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.
Sec. 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 other than professional consideration.
Sec. 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.
Sec. 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


Sec. 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, which shall be so scheduled as to give him time for the
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 per cent of his
basic pay.
Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary, co-curricula and
out of school activities and any other activities outside of what is defined as normal duties of any teacher shall be
paid an 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.
Sec. 15. Criteria for Salaries. Teacher's 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.
Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a 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.
Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by a city, municipal,
municipal district, or provincial government, shall not be less than those provided for teachers of the National
Government.
Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise in the cost of
living by the payment of a cost-of-living allowance which shall automatically follow changes in a cost-of-living
index. The Secretary of Education shall, in consultation with the proper government entities, recommend to
Congress, at least annually, the appropriation of the necessary funds for the cost-of-living allowances of teachers
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.
Sec. 19. Special Hardship Allowances. 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 special hardship allowances equivalent to at least twenty-five
per cent of their monthly salary.
Sec. 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
cashable in any national, provincial, city or municipal treasurer's office or any banking institutions operating under
the laws of the Republic of the Philippines.
Sec. 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
Sec. 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 show 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.
Sec. 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 occupational disease in accordance with
existing laws.
V. LEAVE AND RETIREMENT BENEFITS
Sec. 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 per cent 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 per cent of his courses.
Study leave of more than one year may be permitted by the Secretary of Education but without
compensation.
Sec. 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.
Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service
requirements of the applicable retirement laws shall be given one 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. TEACHER'S ORGANIZATION
Sec. 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.
Sec. 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 teacher subject to the condition that he shall not join an organization, or shall relinquish membership
in an organization,
(b) to 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) to 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.
Sec. 29. National Teacher's Organizations. National teachers' organizations 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
Sec. 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.
Sec. 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.
Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher in the
exercise of his rights guaranteed by this Act or who shall in any other 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.
Sec. 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.
Sec. 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 in effect.
Sec. 35. This Act shall take effect upon its approval.

You might also like