REPUBLIC ACT NO.

4670 JUNE 18,

1966
THE MAGNA CARTA FOR PUBLIC
SCHOOL TEACHERS
Presenters: Wowie Arroyo, Norberto
Buyco Jr. & Jason Labarete
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 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.
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 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

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 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;
II. RECRUITMENT AND CAREER

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.
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 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.

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 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.
Section 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.

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, 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.
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 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,
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.
Section 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.
Section 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.

Section 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.
Section 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.

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 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.
Section 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.

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 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.

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 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.

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 occupational
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 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.
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 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

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 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.

Section 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
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 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.
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 in effect.

Section 35. This Act shall take effect upon its approval.

Approved: June 18, 1966