R.a.4670 magna carta for public school teachers

R.A. 4670 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;

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.

Prepared by:
Rhodora C. Nepangue
DPE 101
12:00-3:00 PM Saturday

R.a.4670 magna carta for public school teachers

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R.a.4670 magna carta for public school teachers