The magna carta for public school teachers

THE MAGNA CARTA
FOR PUBLIC SCHOOL
TEACHERS
(RA 4670)
MA. RACHEL B. ESPINO (Presenter)

DECLARATION OF POLICY
RA 4670
MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS
 promote and improve:
 the social and economic status of
public school teachers;
 their living and working
conditions;
 their terms of employment; and,
 career prospects.

DECLARATION OF POLICY
RA 4670
MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS
 compare favorably with existing
opportunities in other walks of life; and,
 attract and retain in the teaching
profession more people with the proper
qualifications.

What is a
What is a teacher?
“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.”

MINIMUM EDUCATIONAL QUALIFICATIONS FOR
TECHER-APPLICANTS
Teachers in Kindergarten and elementary grades,
Bachelor’s degree in Elementary Education
(BSEED)
Teachers in 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 18 professional units in
Education

MINIMUM EDUCATIONAL QUALIFICATIONS FOR
TECHER-APPLICANTS
Teachers of courses on the collegiate level other
than vocational, master’s degree with a specific
area of specialization.
Teachers of secondary vocational and two
years technical courses, Bachelor’s degree in
the field of specialization with at least 18
professional units in education.

What if there are no applicants who
possess the minimum educational
qualifications?
The school superintendent
may appoint under a
temporary status,
applicants who do not meet
the minimum qualifications,
provided:

a) teacher-applicants
are required to
take competitive
examinations;

b) preferences in making
appointments shall be
in the order of their
respective ranks in
the competitive
examinations; and,

c) the results of the
examinations shall be
made public and every
applicant shall be
furnished with his/her
score and rank in the
said examination

PROBATIONARY PERIOD
▰ No probationary period preceding regular
appointment shall be imposed if the teachers
possesses the appropriate civil service eligibility.
However, if due to the exigencies of service, it is
necessary to employ as teacher a person who
possesses the minimum educational qualifications but
lacks the appropriate civil service eligibility, he/she
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/ her provisional
appointment.

TENURE OF OFFICE
▰ Stability on employment and
security of tenure shall be
assured to the teacher as
provided under existing laws.
Teachers appointed on a
provisional status shall be
extended permanent
appointment after having
rendered at least 10 years of
continuous, efficient and
faithful service in such
position.

CONSENT OF TRANSFER/
TRANSPORTATION
▰ No teacher shall be
transferred without his/ her
consent.
▰ However, in the exigencies of
service, which requires the
teacher to transfer from one
station to another, may be
effected by the school
superintendent who shall notify
the teacher concerned and the
reason/s of transfer.

TRANSPORTATION
▰ If the teacher believes
there is no justification for
the transfer, he/she may
appeal the case to the
Director of Public Schools
or the Director of
Vocational Education as
the case may be.

TRANSPORTATION
▰ No transfers shall be made
3 months before any
local or national election.
▰ Necessary transfer
expenses of the teacher
and his/ her family shall be
paid for by the Government
if the transfer is finally
approved.

CODE OF PROFESSIONAL
CONDUCT FOR TEACHERS
▰ Within 6 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 which will be given to each
teacher.

CODE OF PROFESSIONAL
CONDUCT FOR TEACHERS
▰ If for reason of inadequate fiscal resources, copies of
the same Code shall be deposited to the office of the
school principal of head teacher where they may be
accessible for use by the teachers.

SAFEGUARDS IN DISCIPLINARY
PROCEDURES
▰Every teacher shall
enjoy equitable
safeguards at each
stage of any
disciplinary
procedures and shall
have:

▰the right to be informed, in
writing of the charges;
▰the right to full access to
the evidence in the case;

▰ the right to defend him/herself and
to defended by a representative of
his/her choice and/or by his/her
organization and shall be given
adequate time for the preparation
of his/her defense; and,
▰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/ her
case.

ADMINISTRATIVE CHARGES
▰ Administrative charges against a
teacher shall be heard initially
by a committee composed of:

▰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 Committee shall submit its
findings and recommendations to the
Director of Public Schools within 30
days from the termination of the
hearings.
▰ If, however the school superintendent
is the complainant or an interested
party, all the members of the
committee shall be appointed by the
Secretary of Education.

NO DISCRIMINATION
There shall be no discrimination whatsoever
in entrance to the teaching profession or
during its exercise or in termination of
services, based on other than professional
consideration.

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.

ACADEMIC FREEDOM
▰ Teachers shall enjoy
academic freedom in
the discharge of their
professional duties,
particularly with regard
to teaching and
classroom methods.

HOURS OF WORK
AND REMUNERATION

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/her time for preparation
and correction of exercises
and other work incidental to
his/her normal teaching
duties.

TEACHING HOURS
▰However, in the exigencies
of service, 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/her
regular remuneration plus at
least 25% of his/her basic
pay.

ADDITIONAL COMPENSATION
Notwithstanding any provision
of existing law to the contrary
co-curricular and out of school
activities and any other activities
outside of what is defined as
normal duties of any teacher
shall be paid an additional
compensation of at least 25%
of his/her regular remuneration
after 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
85% of their regular
remuneration.

▰The agencies utilizing the services
of teachers shall pay the additional
compensation required. Education
authorities shall refuse to allow the
rendition of services of teachers for
other government agencies without
the assurance that teachers shall
be paid the remuneration provided.

▰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.

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

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.

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.

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.

DEDUCTIONS PROHIBITED
▰No person shall make any
deduction whatsoever from the
salaries of teachers except under
specific authority of law authorizing
such deductions, written authority
executed by the teacher concerned,
the following may be deducted:

DEDUCTIONS PROHIBITED
 lawful dues and fees owing to the
Philippine Public School Teachers
Association
 premiums properly due on insurance
policies, shall be considered
deductible.

HEALTH MEASURES
AND INJURY
BENEFITS

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.

TREATMENT
▰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.

TREATMENT
▰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.

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.

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. During the
period of such leave, the
teachers shall be entitled to at
least sixty per cent of their
monthly salary

STUDY LEAVE
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.

STUDY LEAVE
The compensation allowed for
one year study leave shall be
subject to the condition that
the teacher takes the regular
study load and passes at least
75% of his courses. Study
leave of more than one year
may be permitted by the
Secretary of Education but
without compensation.

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.

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.

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.

DISCRIMINATION AGAINST
TEACHERS PROHIBITED
The rights established 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:

TEACHERS PROHIBITED
(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,

TEACHERS PROHIBITED
(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,

TEACHERS PROHIBITED
(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.

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.

ADMINISTRATION
AND ENFORCEMENT

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.

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.

PENAL PROVISION
A person who shall willfully
interfere with, restrain or
coerce any teacher 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.

PENAL PROVISION
If the offender is a public official, the court shall order
his dismissal from the Government service.

The magna carta for public school teachers

The magna carta for public school teachers

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