QuestionsQuestions (Republic Act No. 4670)
RA 4670 declares a policy to promote and improve the social and economic status of public school teachers, including their living and working conditions, terms of employment, and career prospects, to attract and retain qualified people in teaching and recognize that educational advancement depends on the qualifications of the teaching staff.
It applies to all public school teachers except those in the professorial staff of state colleges and universities. “Teacher” includes classroom teachers (full-time) and certain supervisory/administrative functions in government schools or political subdivisions; it excludes school nurses, school physicians, school dentists, and other school employees.
A Bachelor’s degree in Elementary Education (B.S.E.ED.).
A 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.
The school superintendent may appoint applicants who do not meet the minimum educational qualifications under a temporary status.
If applicants are required to take competitive examinations, preference in appointments shall be in the order of their respective ranks. The results must be made public and each applicant must be furnished with his score and rank.
No probationary period preceding regular appointment shall be imposed when recruitment follows adequate training and professional preparation and the teacher possesses the appropriate civil service eligibility.
He shall be appointed on provisional status and must undergo probation for not less than one year from the date of provisional appointment.
Stability of employment and security of tenure are assured as provided by existing laws. Provisional teachers lacking civil service eligibility shall be extended permanent appointment for the position they hold after at least ten years of continuous, efficient, and faithful service.
Generally, no teacher shall be transferred without consent except for cause and as otherwise provided. If exigencies require transfer, the superintendent may effect it after previously notifying the teacher of the transfer and reasons. The teacher may appeal (to the Director of Public Schools/Director of Vocational Education depending on the case), and the transfer is held in abeyance pending decision.
No transfers whatever shall be made three months before any local or national election.
Teachers have the right to be informed in writing of the charges, full access to evidence, to defend himself (and to be defended by a representative of his choice and/or organization) with adequate time to prepare, and to appeal to clearly designated authorities. No publicity shall be given to disciplinary action during the pendency of the case.
It must be heard initially by a committee composed of (1) the corresponding School Superintendent of the Division (or authorized representative with at least division supervisor rank) as chairman, (2) a representative of the local teachers’ organization (or any existing provincial or national teachers’ organization if local is unavailable), and (3) a supervisor of the Division last two members designated by the Director of Public Schools. The committee submits findings and recommendations to the Director within thirty days from termination of hearings.
A teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day. If exigencies require more, the teacher may be required up to eight hours but must receive additional compensation at the same rate as regular remuneration plus at least 25% of basic pay.
For co-curricular and out-of-school activities or any activities outside normal duties, teachers must be paid at least 25% of regular remuneration after completing at least six hours of actual classroom teaching a day. For other teachers or school officials not engaged in actual classroom instruction, work beyond eight hours a day must be paid at least 25% additional compensation.
Salary scales provide gradual progression from minimum to maximum through regular increments automatically after three years, provided the teacher’s efficiency rating is at least satisfactory. The progression from minimum to maximum shall not extend over more than ten years.
Compulsory medical examinations must be provided free of charge before teaching and repeated not less than once a year during the teacher’s professional life. If needed, medical treatment and/or hospitalization must be provided free by the government entity paying the teacher’s salary (or reimbursed for travel where facilities are scarce).
A person who willfully interferes with, restrains, or coerces a teacher in exercising rights under the Act, or otherwise commits acts to defeat its provisions, upon conviction may be punished by a fine of not less than PHP 100 nor more than PHP 1,000, or imprisonment at the court’s discretion. If the offender is a public official, the court shall order his dismissal from government service.