R.A. 4670_The Magna Carta For Public School Teachers.pptx

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

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.

R.A. 4670_The Magna Carta For Public School Teachers.pptx

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R.A. 4670_The Magna Carta For Public School Teachers.pptx