You are on page 1of 23

REPUBLIC ACT NO.

4670 June 18, 1966

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.

Approved: June 18, 1966Fifteenth Congress ofthe Republic


Of the Philippines
First Regular Session
)
)
)
SENATE
S.B. No. 2 <1 0 4
Introduced by Senator Ramon Bong Revilla, Jr.
EXPLANATORY NOTE
It is the vision of the Magna Carta for PublicSchool Teachers to provide programs
for
the promotion and improvement of the social well-being and economic status of
public school
teachers, including their living and working conditions, terms of employment and
career
prospects. However, it seems that lethargy bordering on official neglect has
beset the
implementation of the said statute thus setting at naught whatever lofty aims
the legislature has
envisioned in ordaining the said Magna Carta.

Hence, many years after the enactment of the Magna Carta for Public School
Teachers,
with most of its provisions still unenforced, it behooved upon the legislature to
take steps to
ensure that good laws are not only passed but that they are carried out to the
letter as well.
Primarily, therefore, this proposed measure seeks the full implementation of the
Magna
Carta for Public School Teachers. In unequivocal terms, it mandates that the
Department of
Education (DepEd) carry into effect the provisions of Republic Act No. 4670 under
pain of strict
enforcement of the sanctions upon responsible officials in case of neglect or
omission to perform
their duties. Moreover, the Secretary of the Department of Education is further
directed to submit
to the President and the Congress a periodic report detailing compliance with the
aforesaid
mandate. Finally, in appropriate cases, goverrunent agencies are enjoined to
extend utmost
support and cooperation to the Department of Education.
Even on the assumption that public school teachers shall henceforth be enjoying
the
effects of the beneficent provisions of the Magna Carta, this bill goes up a step
further by
providing additional benefits and privileges in the form of more liberal study
leaves, educational
grants to children ofteachers, and more comprehensive special hardship
allowances.
It is hoped that these additional benefits and privileges will make certain that
public
school teachers will receive their due and be placed on a plane befitting their
roles as educators
of our youth.
In vie~ thereof, the early approval of this bill is being earnestly sought. Fifteenth
Congress of the Repu blic
Of the Philippines
- - , ,~- >', i"~ 1

First Regular Session


)
)
) 10 IIUG 12 1\1::118
SENATE
S.B. No. 2404
Introduced by Senator Ramon Bong Revilla, Jr.
AN ACT
PROVIDING FOR ADDITIONAL BENEFITS AND PRIVILEGES TO
PUBLIC SCHOOL TEACHERS AMENDING FOR THE PURPOSE REPUBLIC
ACT NO. 4670, OTHERWISE KNOWN AS
"THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS",
AND FOR OTHER PURPOSES
Be it enacted by the Senate arid the House of Representatives of the Philippines
in
Congress assembled:
SECTION 1. Section 19 of Republic Act No. 4670, otherwise known as the "Magna
Carta for the Public School Teachers", is hereby amended to read as follows:
"SEC. 19. Special Hardship Allowances. - In areas WHERE [in which]
teachers are exposed to hardship, PERIL [such as difficulty in commuting to the
place of work] or other hazards peculiar to the employment, WHETHER OF A
PERMANENT AND RECURRENT NATURE OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO EXPOSURE TO DIFFICULTIES,
RISKS OR DANGERS DUE TO THE INACCESSmILITY OR DISTANT
LOCATION OF THE PLACE OF WORK, OR ARISING FROM
NATURAL CALAMITIES OR EFFECTS THEREOF, OR CAUSED BY
HOSTILITIES BETWEEN AND AMONG ARMED ELEMENTS, as
determined by the Secretary of Education, AFTER DUE CONSULTATION
WITH THE APPROPRIATE GOVERNMENT AGENCIES, TEACHERS
[ they] shall be compensated special hardship allowances equivalent to at least
twenty-five percent (25%) oftheir monthly salary."
SECTION 2. Section 24 ofthe same Act is hereby amended to read as follows:

"SEC. 24. Study Leave - In addition to the leave privileges now enjoyed
by teachers in the public schools, they shall be entitled to a study leave not
exceeding one (I) school year after EVERY THREE (3) [seven] years of service
TO PURSUE A GRADUATE STUDY IN EDUCATION OR ALLIED
COURSES. 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 THEIR FULL [at least sixty percent of their] monthly salary and
APPROPRIATE ALLOWANCES: Provided, however, that no teacher shall be
allowed to accumulate more than one (I) year study leave, unless he OR SHE
needs NOT MORE THAN TWO (2) [an] additional semesters to finish his OR
HER thesis OR TO COMPLETE A REGULAR MASTERAL OR
1 DOCTORAL PROGRAM, IN WHICH CASE, HE OR SHE SHALL BE
ENTI1;LED TO AT LEAST SEVENTY-FIVE PERCENT (75%) OF
HlSIHER FULL MONTHLY SALARY AND APPROPRIATE
ALLOWANCES [for a graduate study in education or allied courses]: Provided,
Further, that TO AVAIL OF THE BENEFITS HEREIN PROVIDED, THE
TEACHER SHALL ENTER INTO AN UNDERTAKING TO CONTINUE
RENDERING SERVICES IN THE INSTITUTION WITH WHICH HE OR
SHE IS CONNECTED FOR A PERIOD OF THREE (3) YEARS FOR
EVERY YEAR OF STUDY LEAVE [no competition shall be due the teacher
after the first year of such leave]. In all cases, the study leave shall be counted
for
seniority and pension purposes.
The compensation allowed for THE [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 (75%) of his OR HER courses. [Study leave
of more than one (1) year may be permitted by the Secretary of Education but
without compensation.]
SECTION 3. There shall be incorporated after Section 26 of the same Act, two (2)
new
sections under a new title to read as follows:
"VI. OTHER BENEFITS

SEC. 26 - A. EDUCATIONAL BENEFITS. - IN ADDITION TO


ALL OTHER BENEFITS TO WHICH TEACHERS ARE ENTITLED
UNDER EXISTING LAWS, RULES AND REGULATIONS, THEIR
CHILDREN, NOT EXCEEDING TWO (2) IN NUMBER, SHALL BE
ADMITTED TO ANY STATE COLLEGE OR UNIVERSITY TO PURSUE
ANY BACHELOR'S DEGREE FREE OF ANY CHARGES, INCLUDING
BUT NOT LIMITED TO THE TUITION AND MATRICULATION FEES:
PROVIDED, HOWEVER, THAT THEY SHALL MEET THE
ACADEMIC REQUIREMENTS FOR ADMISSION OF THE SUBJECT
STATE COLLEGE OR UNIVERSITY: PROVIDED, FURTHER, THAT
THEIR CONTINUOUS ENJOYMENT OF THE EDUCATIONAL
BENEFITS HEREIN PROVIDED IS SUBJECT TO THE CONDITION
THAT THEY MEET THE STANDARDS OF ACADEMIC
PROFICIENCY TO BE SET BY THE DEPARTMENT OF EDUCATION.
SEC. 26 - B. LONGEVITY PAY. - ANY PROVISION OF LAW TO
THE ,CONTRARY NOTWITHSTANDING, A MONTHLY LONGEVITY
PAY EQUIVALENT TO TEN PERCENT (10%) OF THE MONTHLY
BASIC PAY SHALL BE PAID TO TEACHERS FOR EACH FIVE (5)
YEARS OF CONTINUOUS, EFFICIENT, AND MERITORIOUS
SERVICE."
SECTION 4. Implementation and Reporting. - It shall be mandatory for the
Department of Education to carry out the full implementation of the provisions of
Republic Act
No. 4670. Without prejudice to any liability which may be incurred by the
responsible officials
in case of neglect or omission to carry out the duty herein provided, the
sanctions for which
liability shall be imposed strictly from hereon, the Secretary of Education shall,
not later than six
(6) months from the passage ofthis Act and every year thereafter, submit to the
President and the
Congress of the Philippines a report detailing compliance with the provisions of
this Section.

2 For this purpose, all government agencies, in appropriate cases, are enjoined
to extend
utmost cooperation and support to the Department of Education.
SECTION 5. Separability Clause. - If, for any reason, any section or provision of
this
Act shall be held unconstitutional or invalid, the other section or provision not
otherwise affected
shall remain valid.
SECTION 6. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations, rules and regulations which are inconsistent with the provisions of
this Act are
hereby repealed, modified, superseded or amended accordingly.
SECTION 7. Effectivity Clause. - This Act shall take effect fifteen (15) days from its
FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Sessiolt
)
)
)
SENATE
S.B. No. 2063
"
f"
Introduced by Senator EDGARDO J. ANGARA
EXPLANATORY NOTE
Thousands of outstanding students are consistently being acknowledged for their
academic excellence and virtues, However, such accomplishments may have not
been
achieved if it were not for the perseverance of educators, They are considered as
the
unsung heroes of our times because many have neglected the role they play in
the
advancement of education in our country,
It is in this light that the State put emphasis on its duty to ensure that the

performance and the morale of teachers will be kept at the highest leveL
Although the
Magna Carta for Public School Teachers aims to protect the welfare of teachers, it
is still
insufficient to respond to the needs ofteachers giving the high cost ofliving
today,
The Magna Carta for Public School Teachers had failed to provide benefits to the
dependents of teachers, Thus, this bin seeks to grant additional benefits to
teachers by
giving their dependents the right to scholarship grants, free medical treatment
and pension
in case of disability of the teachers, In addition, it also encourages teachers to
form
cooperatives in their own municipalities to help promote their economic welfare,
It is hoped that through this bill, the teachers will be motivated to work even
harder
in their task of shaping the minds of our youth, As we develop more competent
and
dedicated teachers, we can be assured of quality education for our youth, 'and
for our nation
- towards a better and enlightened future generation,
In view of the foregoing considerations, immediate approval of this bill is
earnestly
sought for
I FIFTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session
)
)
)
SENATE
S.B. No. 2063
Introduced by Senator EDGARDO J. ANGARA
AN ACT
PROVIDING BENEFITS TO DEl'ENDENTS OF PUBLIC SCHOOL
TEACHERS AMENDING FOR THESE PURPOSES REPUBLIC ACT NUMBER

FORTY-SIX HUNDRED SEVENTY (R.A. NO. 4670) OTHERWISE KNOWN AS


THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS,
AND FOR OTHER PURPOSES
Be it enacted in the Senate and House of Representatives of the Philippines in
the
Congress assembled:
1 SECTION 1. Definition of Terms. - For purposes of this Act, the following shall
2 mean:
3 (a) "Qualified Dependellts" refers to one more legitimate recognized natural or
4 adopted children living with or dependent upon the teacher for their chief
5 support where such children are not more than twenty-one (21) years of age,
6 unmarried and not gain fully employed, or where such children, regardless of
7 age are incapable of self-support because of physical defect.
8
9 (b) "Teacher" is any person engaged in classroom, in any level of instruction,
on
10 full-time basis, including guidance counselors, school librarians, industrial arts
11 or vocational instructors, and all other persons performing supervisory and/or
12 administrative functions in all schools, colleges and universities operated by
the
13 Government or its political subdivision; but shall not include school nurses,
14 school physicians, school dentists, and other school employees.
15
16 SEC. 2. Section 22 of Republic Act No. 4670, otherwise known as the Magna
17 Carta for Public School Teachers, is hereby amended to read as follows:
18
11
2
3
4
5
6
7

8
9
"Sec 22. Medical Examination and Treatment. - Compulsory
medical examination shall be provided free of charge for all teachers
before they take up teaching, and sl1all 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.
"QUALIFIED DEPENDENTS OF TEACHERS SHALL
10 ALSO AVAIL OF THE SAME BENEFITS AS LONG AS THE
11 TEACHER IS IN ACTIVE SERVICE."
12
13 SEC. 3. Educational Benefits. - In addition to all other benefits to which
teachers
14 are entitled under existing laws, rules and regulations, their children, not
exceeding four (4)
15 shall be eligible to enter any state college and university or state vocational
or technical
16 school to pursue any bachelor's degree preferably in science and technology
courses,
17 vocational or technical course free' of any charge including but not limited to
tuition and
18 matriculation fees.
19
20 SEC. 4. Eligibility. - The dependents of the teachers must meet the academic
21 requirement for admission to subject state college or university, vocational or
technical
22 schooL
23
24 SEC. 5. Implementing Rules. -- The Commission on Higher Education (CHED)
25 and the Technical Educational Skills Development Authority (TESDA) shall
promulgate
26 rules and regulations which shall guide the implementation of the
aforemeutioned sections.

27
28 SEC. 6. Section 23 of subject Republic Act (R.A. No. 4670), is hereby amended
to
29 read as follows:
30
31 "Sec. 23. Compensation for Injuries. - Teachers shall be protected
32 against the consequences of employment iujuries in accordance with
33 existing laws. The effects of the physical and nervous strain on the
34 teacher's health shall be recognized as a compensable occupational
35 disease in accordance with existing laws."
21
2 "IN CASES OF PERlVIANENT PARTIAL DISABILITY DUE
3 TO WORK-RELATED SICKNESS OR INJURY WHERE THE
4 TEACHER HAD BEEN IN SERvICE FOR FIVE (5) YEARS, THE
5 DEPENDENTS ARE ENTITLED TO A MONTHLY PENSION OF
6 AT LEAST FIVE HUNllRED PESOS (P500.00).
7
8 "IN CASES OF PERMANENT TOTAL DISABILITY DUE
9 TO WORK-RELATED SICKNESS OR INJURY WHERE THE
10 TEACHER HAD BEEI\ IN SERVICE FOR FIVE (5) YEARS, THE
11 DEPENDENTS ARE E>!TITLED TO A MONTHLY PENSION OF
12 AT LEAST EIGHT HUNDRED PESOS (P800).
13
14 "THE DEPARTflIENT OF EDUCATION WILL HANDLE
15 THE DISTRIBUTIOi\ OF PENSION BENEFITS TO THE
16 DEPENDENTS OF TE/, CHERS."
17
18 SEC. 7. Section 27 of lile Magna Carta for Public School Teachers is hereby
19 amended to be read as:
20
21 "Sec. 27. Freedom to Organize. - Public School teachers shall
22 have the right to freely and without previous authorization both to

23 establish and to join organizations of their choosing, whether local or


24 national to further and defend their interests.
25
26 "THE FORlVlATION OF COOPERATIVES RUNS BY
27 TEACHERS AND DEPENDENTS OF TEACHERS IN EVERY
28 MUNICIPALITY IS ENCOURAGED. SUCH COOPERATIVE
29 SHALL PROVIDE CREDIT AND SELF-EMPLOYMENT
30 ASSISTANCE AS WELL AS LIVELIHOOD TRAINING
31 PROGRAMS.
32
33 "THE TECHNICAL EDUCATION AND DEVELOPMENT
34 AUTHORITY (TESDA) WILL GIVE THE APPROPRIATE
3 1 TRAINING PROGRAMS TO RESPOND TO THE NEEDS OF THE
2 TEACHERS AND ITS DEPENDENTS."
3
4 SEC. 8. Separability Clause. - If any provision of this Act is declared invalid, the
5 provisions thereof not affected by such declaration shall remain in force and
affect.
6
7 SEC. 9. Repealillg Clause. - All laws, rules and regulations or part or parts
thereof
8 inconsistent with any provision of this Act are hereby repealed. modified,
superseded or
9 amended accordingly.
10
II SEC. 10. Effectivity Clause. - This Act shall lalee effect fifteen (15) days after its
12 publication in lhe Official Gazette or in at least two (2) national newspapers of
general
13 circulation, whichever comes earlier.
publication in the Official Gazette or in at least two (2) newspapers of general
circulation. his act is very important to the teachers in the public schools. It
protects the rights of the teachers, like tenure of office, academic freedom, and
other benefits for their well-being. There is a section in this act that mandates
the head of office to inform the teachers of this code. Unfortunately, this is not
so. Some teachers are not privy to the provisions of this code as this is not

discussed with them. Whenever a question arises as to the legality of any action
by the teacher, he or she has to find a copy of this code.

There was a teacher who requested for a study leave for one year. Since she did
not know that she is entitled to a study leave with pay, she applied for a study
leave without pay. The principal told her that her application might not be
approved as this is no longer allowed. She was advised to personally talk to the
superintendent and discuss her request with her. Her papers did not have the
endorsement of the principal. When she talked to the superintendent, the
superintendent told her to go back to her principal and have her papers signed
by the principal first before the superintendent signs it. When the papers were
finally signed by the two school officials, she went to the regional office for
processing. To her surprise, she was told that she is eligible for a study leave with
pay as she has already served more than seven years. She was shown a copy of
the Magna Carta. Isnt it deplorable that the information must come from a mere
processing clerk than from the two school officials? Arent they supposed to be
the source of information? Is this not a case of withholding information for some
ulterior motives?

Magna Carta for public school teachers serves as the guide to utter protection
and freedom, away from threats and terminations from the concerned
authorities. If you not aware of this law, you are always threatened by the
administrators or any person in authority to terminate you from work once you
violated the law. For the information of everybody, the Magna Carta has
significantly defined along with its history in the English realms, it is also known
as Magna Carta Libertatum, an English 1215 charter which limited the power of
English Monarchs, specifically King John, from absolute rule.

Magna Carta was the result of disagreements between the Pope and King John
and his barons over the rights of the king: Magna Carta required the king to
renounce certain rights and respect certain legal procedures, and to accept that
the will of the king could be bound by law. Magna Carta is widely considered to
be the first step in a long historical process leading to the rule of constitutional
law. All of them are patterned after the present Magna Carta law for teachers.

In order to be protected from abuses, etc. I think every teacher must have a copy
of this Magna Carta with him so that whenever he feels aggrieved, he can refer
to this law to protect his rights. And that is the essence of Magna Carta for
teachers both in the public and private schools in the Philippines. HB 6527
Amending the Magna Carta for Public School Teachers
January 23, 2013

6 Comments House Bills

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). But because of other concerns needing priority


attention, teachers particularly those in public schools do not receive the
appropriate compensation that they deserve for services rendered.

As teachers, there is a need for them to upgrade their knowledge and skills and
retool their competence as part of the service for quality education. On this note
it is fitting that teachers shall be provided additional benefits during the period
when they are undertaking graduate degree.

Teachers take upon themselves the responsibility of taking care of their students
in school even beyond the regular teaching hours. Moreover, teachers
particularly those stationed in far-flung areas where there are no public service
vehicles and the only way to reach these areas is to walk bear more burden. In
recognition of these heroic deeds that State shall bestow honor to public school
teachers by allowing the draping of the Philippine Flag on their caskets.

The State recognizes the commitment, dedication and sacrifices of public school
teachers as evidenced by R. A. No. 4670 or the Magna Carta for Public School
Teachers. However, the existing policy needs amendments to meet the present
needs of the countrys public school teachers. The 1987 Philippine Constitution
states: The State shall. . . 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; hence early passage of the herein bill
amending R.A. 4670 is sought.

Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS

Third Regular Session

HOUSE BILL NO. 6527

Introduced by Hon. ANGELO B. PALMONES

AN ACT AMENDING REPUBLIC ACT NO. 4670 OTHERWISE KNOWN AS THE


MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines


in Congress Assembled:

Section 1. Study leave. Section 24 of RA No. 4670 shall be amended as follows:

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 FOR THE
PERIOD EQUAL TO THE LENGTH OF PERIOD SPECIFIED IN THE CURRICULUM OF
THE SCHOOL WHERE THE TEACHER IS ENROLLED. During the period of such
leave, the teacher shall be entitled to ONE HUNDRED PERCENT OF HIS/HER
monthly salary: Provided, further, THAT AN ADDITIONAL SEMESTER LEAVE WITH
PAY SHALL BE GRANTED TO ALLOW HIM/HER TO FINISH HIS/HER THESIS FOR A
GRADUATE STUDY IN EDUCTION OR ALLIED COURSES: Provided, finally, That in
all cases, the study leave period shall be counted for seniority and pension
purposes.

The compensation allowed for THE DURATION OF THE STUDY LEAVE shall be
subject to the condition that the teacher takes the regular study load and passes
at least seventy-five per cent of his/HER courses.

Section 2. Draping of the Philippine Flag on caskets of teachers. In recognition of


their selfless services to the Filipino people the casket of teachers shall be
draped with the Philippine Flag during wake and until burial.

Section 3. 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 4. 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.

Section 5. Effectivity. This Act shall take effect upon its approval.

Approved,

ANGELO B. PALMONES
Representative, AGHAM Party List

Share this:

You might also like