Wednesday, February 9, 2011

Magna Carta for Public School Teachers

REPUBLIC ACT NO. 4670 June 18, 1966



Sec. 1. Declaration ofPolicy. It is hereby declared to be the policy of this Act to promoteand improve the social and economic status of public school teachers,their living and working conditions, their terms of employment andcareer prospects in order that they may compare favorably with existingopportunities in other walks of life, attract and retain in theteaching profession more people with the proper qualifications, itbeing recognized that advance in education depends on thequalifications and ability of the teaching staff and that education isan essential factor in the economic growth of the nation as aproductive 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 theprofessorial staff of state colleges and universities.

As used in this Act, theterm "teacher" shall mean all persons engaged in classroom teaching, inany level of instruction, on full-time basis, including guidancecounselors, school librarians, industrial arts or vocationalinstructors, and all other persons performing supervisory and/oradministrative functions in all schools, colleges and universitiesoperated by the Government or its political subdivisions; but shall notinclude school nurses, school physicians, school dentists, and otherschool employees.


Sec. 3. Recruitment andQualification. Recruitment policy with respect to the selection andappointment of teachers shall be clearly defined by the Department ofEducation: Provided, however, That effective upon theapproval of this Act, the following shall constitute the minimumeducational 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 thesecondary schools, Bachelor's degree in Education or its equivalentwith a major and a minor; or a Bachelor's degree in Arts or Sciencewith at least eighteen professional units in Education.

(c) For teachers ofsecondary vocational and two years technical courses, Bachelor's degreein the field of specialization with at least eighteen professionalunits in education;

(d) For teachers ofcourses on the collegiate level, other than vocational, master's degreewith a specific area of specialization;

Provided, further, Thatin the absence of applicants who possess the minimum educationalqualifications as hereinabove provided, the school superintendent mayappoint, under a temporary status, applicants who do not meet theminimum qualifications: Provided, further, That shouldteacher-applicants, whether they possess the minimum educationalqualifications or not, be required to take competitive examinations,preference in making appointments shall be in the order of theirrespective ranks in said competitive examinations: And provided,finally, That the results of the examinations shall be made public andevery applicant shall be furnished with his score and rank in saidexaminations.

Sec. 4. ProbationaryPeriod. When recruitment takes place after adequate training andprofessional preparation in any school recognized by the Government, noprobationary period preceding regular appointment shall be imposed ifthe teacher possesses the appropriate civil service eligibility: Provided, however,That where, due to the exigencies of the service, it is necessary toemploy as teacher a person who possesses the minimum educationalqualifications herein above set forth but lacks the appropriate civilservice eligibility, such person shall be appointed on a provisionalstatus and shall undergo a period of probation for not less than oneyear from and after the date of his provisional appointment.

Sec. 5. Tenure of Office.Stability on employment and security of tenure shall be assured theteachers as provided under existing laws.

Subject to the provisionsof Section three hereof, teachers appointed on a provisional status forlack of necessary civil service eligibility shall be extended permanentappointment for the position he is holding after having rendered atleast ten years of continuous, efficient and faithful service in suchposition.

Sec. 6. Consent forTransfer Transportation Expenses. Except for cause and as hereinotherwise provided, no teacher shall be transferred without his consentfrom one station to another.

Where the exigencies ofthe service require the transfer of a teacher from one station toanother, such transfer may be effected by the school superintendent whoshall previously notify the teacher concerned of the transfer and thereason or reasons therefor. If the teacher believes there is nojustification for the transfer, he may appeal his case to the Directorof Public Schools or the Director of Vocational Education, as the casemay be. Pending his appeal and the decision thereon, his transfer shallbe held in abeyance: Provided, however, That no transfers whatever shall be made three months before any local or national election.

Necessary transferexpenses of the teacher and his family shall be paid for by theGovernment if his transfer is finally approved.

Sec. 7. Code ofProfessional Conduct for Teachers. Within six months from the approvalof this Act, the Secretary of Education shall formulate and prepare aCode of Professional Conduct for Public School Teachers. A copy of theCode shall be furnished each teacher: Provided, however,That where this is not possible by reason of inadequate fiscalresources of the Department of Education, at least three copies of thesame Code shall be deposited with the office of the school principal orhead teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards inDisciplinary Procedure. Every teacher shall enjoy equitable safeguardsat 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 defendhimself and to be defended by a representative of his choice and/or byhis organization, adequate time being given to the teacher for thepreparation 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. AdministrativeCharges. Administrative charges against a teacher shall be heardinitially by a committee composed of the corresponding SchoolSuperintendent of the Division or a duly authorized representative whoshould at least have the rank of a division supervisor, where theteacher belongs, as chairman, a representative of the local or, in itsabsence, any existing provincial or national teacher's organization anda supervisor of the Division, the last two to be designated by theDirector of Public Schools. The committee shall submit its findings andrecommendations to the Director of Public Schools within thirty daysfrom the termination of the hearings: Provided, however,That where the school superintendent is the complainant or aninterested party, all the members of the committee shall be appointedby the Secretary of Education.

Sec. 10. NoDiscrimination. There shall be no discrimination whatsoever in entranceto the teaching profession, or during its exercise, or in thetermination of services, based on other than professional consideration.

Sec. 11. MarriedTeachers. Whenever possible, the proper authorities shall take allsteps to enable married couples, both of whom are public schoolteachers, to be employed in the same locality.

Sec. 12. AcademicFreedom. Teachers shall enjoy academic freedom in the discharge oftheir professional duties, particularly with regard to teaching andclassroom methods.


Sec. 13. Teaching Hours.Any teacher engaged in actual classroom instruction shall not berequired to render more than six hours of actual classroom teaching aday, which shall be so scheduled as to give him time for thepreparation and correction of exercises and other work incidental tohis normal teaching duties: Provided, however, Thatwhere the exigencies of the service so require, any teacher may berequired to render more than six hours but not exceeding eight hours ofactual classroom teaching a day upon payment of additional compensationat the same rate as his regular remuneration plus at least twenty-fiveper cent of his basic pay.

Sec. 14. AdditionalCompensation. Notwithstanding any provision of existing law to thecontrary, co-curricula and out of school activities and any otheractivities outside of what is defined as normal duties of any teachershall be paid an additional compensation of at least twenty-five percent of his regular remuneration after the teacher has completed atleast six hours of actual classroom teaching a day.

In the case of otherteachers or school officials not engaged in actual classroominstruction, any work performed in excess of eight hours a day shall bepaid an additional compensation of at least twenty-five per cent oftheir regular remuneration.

The agencies utilizingthe services of teachers shall pay the additional compensation requiredunder this section. Education authorities shall refuse to allow therendition of services of teachers for other government agencies withoutthe assurance that the teachers shall be paid the remuneration providedfor under this section.

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall comparefavorably with those paid in other occupations requiring equivalent orsimilar 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 beproperly graded so as to recognize the fact that certain positionsrequire higher qualifications and greater responsibility than others: Provided, however,That the general salary scale shall be such that the relation betweenthe lowest and highest salaries paid in the profession will be ofreasonable order. Narrowing of the salary scale shall be achieved byraising 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 froma minimum to a maximum salary by means of regular increments, grantedautomatically after three years: Provided, That the efficiencyrating of the teacher concerned is at least satisfactory. Theprogression from the minimum to the maximum of the salary scale shallnot extend over a period of ten years.

Sec. 17. Equality inSalary Scales. The salary scales of teachers whose salaries areappropriated by a city, municipal, municipal district, or provincialgovernment, shall not be less than those provided for teachers of theNational Government.

Sec. 18. Cost of LivingAllowance. Teacher's salaries shall, at the very least, keep pace withthe rise in the cost of living by the payment of a cost-of-livingallowance which shall automatically follow changes in a cost-of-livingindex. The Secretary of Education shall, in consultation with theproper government entities, recommend to Congress, at least annually,the appropriation of the necessary funds for the cost-of-livingallowances of teachers employed by the National Government. Thedetermination of the cost-of-living allowances by the Secretary ofEducation shall, upon approval of the President of the Philippines, bebinding on the city, municipal or provincial government, for thepurposes of calculating the cost-of-living allowances of teachers underits employ.

Sec. 19. Special HardshipAllowances. In areas in which teachers are exposed to hardship such asdifficulty in commuting to the place of work or other hazards peculiarto the place of employment, as determined by the Secretary ofEducation, they shall be compensated special hardship allowancesequivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to bePaid in Legal Tender. Salaries of teachers shall be paid in legaltender of the Philippines or its equivalent in checks or treasurywarrants. Provided, however, That such checks ortreasury warrants shall be cashable in any national, provincial, cityor municipal treasurer's office or any banking institutions operatingunder the laws of the Republic of the Philippines.

Sec. 21. DeductionsProhibited. No person shall make any deduction whatsoever from thesalaries of teachers except under specific authority of law authorizingsuch deductions: Provided, however, That upon writtenauthority executed by the teacher concerned, (1) lawful dues and feesowing to the Philippine Public School Teachers Association, and (2)premiums properly due on insurance policies, shall be considereddeductible.


Sec. 22. MedicalExamination and Treatment. Compulsory medical examination shall beprovided free of charge for all teachers before they take up teaching,and shall be repeated not less than once a year during the teacher'sprofessional life. Where medical examination show that medicaltreatment and/or hospitalization is necessary, same shall be providedfree by the government entity paying the salary of the teachers.

In regions where there isscarcity of medical facilities, teachers may obtain elsewhere thenecessary medical care with the right to be reimbursed for theirtraveling expenses by the government entity concerned in the firstparagraph of this Section.

Sec. 23. Compensation ForInjuries. Teachers shall be protected against the consequences ofemployment injuries in accordance with existing laws. The effects ofthe physical and nervous strain on the teacher's health shall berecognized as a compensable occupational disease in accordance withexisting laws.


Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the publicschools, they shall be entitled to study leave not exceeding one schoolyear after seven years of service. Such leave shall be granted inaccordance with a schedule set by the Department of Education. Duringthe period of such leave, the teachers shall be entitled to at leastsixty per cent of their monthly salary: Provided, however,That no teacher shall be allowed to accumulate more than one year studyleave, unless he needs an additional semester to finish his thesis fora graduate study in education or allied courses: Provided,further, That no compensation shall be due the teacher after the firstyear of such leave. In all cases, the study leave period shall becounted for seniority and pension purposes.

The compensation allowedfor one year study leave as herein provided shall be subject to thecondition that the teacher takes the regular study load and passes atleast seventy-five per cent of his courses. Study leave of more thanone year may be permitted by the Secretary of Education but withoutcompensation.

Sec. 25. IndefiniteLeave. An indefinite sick leave of absence shall be granted to teacherswhen the nature of the illness demands a long treatment that willexceed one year at the least.

Sec. 26. Salary Increaseupon Retirement. Public school teachers having fulfilled the age andservice requirements of the applicable retirement laws shall be givenone range salary raise upon retirement, which shall be the basis of thecomputation of the lump sum of the retirement pay and the monthlybenefits thereafter.


Sec. 27. Freedom toOrganize. Public school teachers shall have the right to freely andwithout previous authorization both to establish and to joinorganizations of their choosing, whether local or national to furtherand defend their interests.

Sec. 28. DiscriminationAgainst Teachers Prohibited. The rights established in the immediatelypreceding Section shall be exercised without any interference orcoercion. It shall be unlawful for any person to commit any acts ofdiscrimination against teachers which are calculated to (a) make theemployment of a teacher subject to the condition that he shall not joinan organization, or shall relinquish membership in an organization,

(b) to cause thedismissal of or otherwise prejudice a teacher by reason of hismembership in an organization or because of participation inorganization activities outside school hours, or with the consent ofthe proper school authorities, within school hours, and (c) to preventhim from carrying out the duties laid upon him by his position in theorganization, or to penalize him for an action undertaken in thatcapacity.

Sec. 29. NationalTeacher's Organizations. National teachers' organizations shall beconsulted in the formulation of national educational policies andprofessional standards, and in the formulation of national policiesgoverning the social security of the teachers.


Sec. 30. Rules andRegulations. The Secretary of Education shall formulate and prepare thenecessary rules and regulations to implement the provisions of thisAct. Rules and regulations issued pursuant to this Section shall takeeffect thirty days after publication in a newspaper of generalcirculation and by such other means as the Secretary of Education deemsreasonably sufficient to give interested parties general notice of suchissuance.

Sec. 31. BudgetaryEstimates. The Secretary of Education shall submit to Congress annuallythe necessary budgetary estimates to implement the provisions of theAct concerning the benefits herein granted to public school teachersunder the employ of the National Government.

Sec. 32. Penal Provision.A person who shall willfully interfere with, restrain or coerce anyteacher in the exercise of his rights guaranteed by this Act or whoshall in any other manner commit any act to defeat any of theprovisions of this Act shall, upon conviction, be punished by a fine ofnot less than one hundred pesos nor more than one thousand pesos, or byimprisonment, 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. RepealingClause. All Acts or parts of Acts, executive orders and theirimplementing rules inconsistent with the provisions of this Act arehereby repealed, amended or modified accordingly.

Sec. 34. SeparabilityClause. If any provision of this Act is declared invalid, the remainderof this Act or any provisions not affected thereby shall remain inforce and in effect.

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

Approved: June 18, 1966


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