Teacher Licensure and Regulation Act PH 1994

Policy, objectives, and definitions

Section 2 declares State recognition of the vital role of teachers in nation-building and development through a responsible and literate citizenry.
Section 2 requires the State to ensure and promote quality education through proper supervision and regulation of the licensure examination and professionalization of teaching.
Section 3 sets objectives to promote, develop, and professionalize teachers and the teaching profession, and to supervise and regulate the licensure examination.
Section 4 defines “Teaching” as the profession primarily concerned with classroom instruction at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether part-time or full-time in private or public schools.
Section 4 defines “Teachers” as all persons engaged in teaching at the elementary and secondary levels, whether full-time or part-time, including industrial arts or vocational teachers and all persons performing supervisory and/or administrative functions in all schools at those levels and qualified to practice teaching under the Act.
Section 4 defines “Board” as the Board for Professional Teachers created under the Act.
Section 4 defines “Commission” as the Professional Regulation Commission.

Board for Professional Teachers creation

Section 5 creates the Board for Professional Teachers as a collegial body under the general supervision and administrative control of the Professional Regulation Commission.
Section 5 sets the Board composition at five (5) members, appointed by the President from recommendees chosen by the Commission.
Section 5 requires recommendees to come from a list of nominees selected by accredited associations of teachers that meet the qualifications under Section 8.
Section 5 directs the President to appoint the chairman and vice-chairman from among the five members.
Section 5 provides that the first Board members are automatically registered as professional teachers and issued certificates of registration and professional licenses upon payment of fees for examination, registration, and other fees prescribed by the Commission.

Board duties, oath, records, and removal

Section 6 requires the Board to promulgate, administer, and enforce rules and regulations necessary to carry out the Act in accordance with the Professional Regulation Commission charter.
Section 6 directs the Board to determine and fix the frequency, dates, and places of examination, and to appoint supervisors, proctors, and other personnel needed, entitled to a daily allowance fixed by the Board for every examination day actually attended.
Section 6 authorizes the Board to use buildings and facilities of public or private schools for examination purposes.
Section 6 gives the Board authority to issue, suspend, or revoke the certificate of registration for the practice of the teaching profession.
Section 6 empowers the Board to prescribe and collect examination and other fees as it deems proper.
Section 6 requires the Board to prescribe and/or adopt a code of ethical and professional standards; the ethical standards, rules, and regulations take effect 60 days after publication in the Official Gazette or in a newspaper of general circulation.
Section 6 authorizes the Board to administer oaths, adopt an official seal, investigate violations, and issue subpoena and subpoena duces tecum to secure witnesses and documents.
Section 6 requires the Board to ensure educational institutions offering elementary and secondary education comply with essential requirements for curricula, faculty, and facilities.
Section 10 places the Board under supervision and control of the Commission; it also requires that all records—including applications, examination papers and results, minutes of deliberation, and administrative/investigative cases and investigations involving professional teachers—are kept by the Commission.
Section 11 requires the Commission, through its chairman, to provide the secretariat and other support services to implement the Act.
Section 7 sets Board members’ term at three (3) years from assumption of office, with special staggered terms for the first Board: one (1) member for one (1) year, one (1) member for two (2) years, and the chairman, vice-chairman, and one (1) member for three (3) years.
Section 7 provides that vacancies are served only for the unexpired term, that no person who has served two (2) consecutive terms may be reappointed, and that appointment to fill an unexpired term is considered appointment to a complete term.
Section 7 requires the chairman or any member to take an oath prior to performance of duties.
Section 12 authorizes removal by the President upon Commission recommendation for neglect of duty, incompetence, unprofessional/unethical/immoral/dishonorable conduct, commission or toleration of irregularities in the examination, after opportunity to defend in a proper administrative investigation.
Section 12 allows the President, during investigation, to preventively suspend the respondent.

Qualifications and compensation of Board members

Section 8 requires each Board member to be a citizen and resident of the Philippines.
Section 8 requires at least 35 years of age, proven integrity, high moral values in personal and professional conduct, and no conviction of any offense involving moral turpitude.
Section 8 requires a Bachelor of Arts or Bachelor of Science in Education, preferably with a master’s or doctorate degree in education (or equivalents) from a government-recognized and/or accredited institution.
Section 8 requires Board members to be professional teachers with a valid certificate of registration and valid professional license, except members composing the first Board.
Section 8 requires active practice as a professional teacher in the elementary and secondary level for at least ten (10) years.
Section 8 prohibits Board membership for three (3) years prior to appointment: holding an official position or being faculty of, or having pecuniary interest in, any university/college/school/institution conferring a bachelor’s degree in education or its equivalents; and also being connected with a review center or with any group or association where review classes or lectures for the licensure examination are offered or conducted.
Section 8 requires even distribution of Board membership across education levels, including equitable representation of different fields of specialization.
Section 9 provides that compensation is comparable to existing regulatory boards under the Professional Regulation Commission and is computed based on the number of examinees/candidates.

Licensure examination, registration, practice rules

Section 13 requires applicants for registration as professional teachers (except as otherwise allowed by the Act) to undergo a written examination given at least once a year at places and dates determined by the Board upon approval by the Commission.
Section 13 requires a valid certificate of registration and a valid professional license from the Commission before any person may practice as a professional teacher in the Philippines (except as otherwise allowed).
Section 14 separates examinations for elementary and secondary teachers.
Section 14 requires the elementary examination to have two (2) parts: professional education and general education.
Section 14 requires the secondary examination to have three (3) parts: professional education, general education, and field of specialization.
Section 15 bars admission to the examination unless, on the date of filing, the applicant: is a citizen of the Philippines or an alien whose country has reciprocity; is at least 18 years of age; is in good health and of good reputation with high moral values; and has not been convicted by final judgment for an offense involving moral turpitude.
Section 15 sets minimum education qualifications by teacher level/field:
- Preschool: bachelor’s degree in early childhood education (BECED) or its equivalent.
- Elementary grades: bachelor’s degree in elementary education (BSEED) or its equivalent.
- Secondary grades: bachelor’s degree in education with a major and minor, or a bachelor’s degree in arts and sciences with at least ten (10) units in professional education.
- Vocational and two-year technical courses: bachelor’s degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.
Section 16 requires the Board to report examination ratings within 120 days after the examination to the Professional Regulation Commission for approval and appropriate action.
Section 17 provides that registration commences from the date a professional teacher’s name is enrolled in the roster of professional teachers.
Section 17 requires issuance of a certificate of registration upon payment of the registration fee, bearing the registrant’s full name, serial number and date of issuance signed by the Chairman of the Commission and the Board’s chairman/vice-chairman/members, and stamped with the official seal, as evidence of entitlement to practice.
Section 17 provides that the certificate remains in full force and effect until withdrawn, suspended, and/or revoked in accordance with law.
Section 17 requires issuance of a professional license upon payment of the annual registration fees for three (3) consecutive years, signed by the Chairman of the Commission and bearing the registration number, date of issuance, and the month of expiry or renewability.
Section 17 provides that the license serves as evidence that the licensee can lawfully practice until the expiration of its validity.
Section 18 requires every registrant to take a professional oath before practicing as a professional teacher.
Section 19 authorizes periodic merit examinations: teachers may take an oral and written examination at least once in five (5) years for merit promotion basis; no fee is required.
Section 20 provides consequences for failure to pass merit examination:
- Failure allows a second attempt.
- Failure on the second attempt requires completion of a DECS accredited refresher course or program before retaking.
- Failure by a permanent teacher cannot be a ground for dismissal or demotion.
Section 21 provides incentives for teachers who pass the merit examination: a diploma of merit by the Board, merit points for promotion in salary or to a higher position/grade level, inclusion in the priority list for government scholarship, and other benefits promulgated by the Board.
Section 21 requires similar incentives for teachers who make inventions, develop new methods of teaching, write books, or create works of artistic merit.
Section 22 integrates the teaching profession into one national organization recognized by the Board and the Commission as the only integrated and accredited association of professional teachers.
Section 22 encourages every professional teacher to become a member of the integrated national organization upon registration.
Section 22 grants up to three (3) years after the Act’s effectivity for those registered but not members to register as members.
Section 22 provides that membership in the integrated organization is not a bar to membership in other teaching associations.
Section 22 limits benefits and privileges appurtenant to membership in the integrated organization to those who pay required membership fees and dues.
Section 27 prohibits practice or appointment to positions calling for teaching without a valid certificate of registration and valid professional license, except as otherwise allowed under the Act.

Remedies for misconduct and administrative actions

Section 23 authorizes the Board, after due notice and hearing, to suspend or revoke a registrant’s certificate of registration.
Section 23 authorizes the Board to reprimand or cancel temporary/special permits for holders exempt from registration.
Section 23 lists grounds for suspension, revocation, reprimand, or cancellation, including:
- Conviction for any criminal offense by a court of competent jurisdiction.
- Immoral, unprofessional, or dishonorable conduct.
- Court declaration that the person is mentally unsound or insane.
- Malpractice, gross incompetence, gross negligence, or serious ignorance of the practice of the teaching profession.
- Fraud or deceit in obtaining a certificate, license, or special/temporary permit.
- Chronic inebriety or habitual use of drugs.
- Violation of provisions of the Act, rules and regulations and Board/Commission policies, and the code of ethical and professional standards.
- Unjustified or willful failure to attend seminars, workshops, conferences, or the continuing education program prescribed by the Board and Commission.
Section 23 provides that decisions to revoke or suspend may be appealed to the regional trial court of the place where the Board holds office within 15 days from receipt of the decision or from denial of a timely motion for reconsideration.

Reciprocity, roster, and registration timelines

Section 24 bars admission of foreign nationality teachers to the examination and bars issuance of certificates of registration or entitlement to rights/privileges under the Act unless the teacher’s country permits Filipino professional teachers to practice within its territorial limits on the same basis.
Section 24 requires substantial equivalence of teacher certification requirements between the foreign country and the Act.
Section 24 requires reciprocal grant of the same privilege to Filipino professional teachers by that foreign country.
Section 25 requires the maintenance of a roster of professional teachers showing names/addresses, registration issuance date, and other pertinent data as determined by the Board.
Section 25 requires the Commission to provide copies of the roster to the Board, the Department of Education, Culture and Sports, and the integrated and accredited organization of professional teachers.
Section 26 provides a two (2) years after effectivity transition rule: no person may engage in teaching or act as a professional teacher at preschool, elementary, or secondary levels unless duly registered as a professional teacher and a holder of a valid certificate and professional license, or unless holding a valid special/temporary permit.
Section 26 authorizes issuance without examination upon approval and payment of prescribed fees to qualified applicants who, at the time of approval of the Act, qualify under any of the listed categories:
- Holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports.
- Registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006.
- Qualified under alternative experience/degree criteria:
  - Elementary or secondary teacher for five (5) years in good standing and holder of Bachelor of Science in Education or its equivalent; or
  - Elementary or secondary teacher for three (3) years in good standing and holder of a master’s degree in education or its equivalent.
Section 26 provides that such persons have two (2) years from the organization of the Board to register and be included in the roster.
Section 26 provides that incumbent teachers not qualified to register without examination, or who are qualified but unable to register within the two-year period, receive a five-year temporary or special permit from the Board’s organization time to register after passing the examination and complying with Act requirements, and to be included in the roster.
Section 26 provides that those who failed the licensure examination are eligible as para-teachers, and the Board issues a special/temporary permit, while DECS assigns them to schools as it determines under the circumstances.

Criminal penalties for unlicensed teaching

Section 28 punishes the following acts with a fine of not less than PHP 5,000 nor more than PHP 20,000 or imprisonment of not less than six (6) months nor more than five (5) years, or both, at the discretion of the court:
- Practicing the teaching profession in the Philippines without certification under the Act.
- Representing or attempting to use as one’s own the certificate of registration of another.
- Giving false or fraudulent evidence to the Board or any member to obtain a certificate of registration as teacher.
- Impersonating any registrant of the same or different name.
- Using a revoked or suspended certificate of registration.
- Assuming, using, or advertising any title or description that tends to convey or conveys the impression of being a teacher without a valid certificate, in connection with one’s name.
- Violating any provision of the Act, or abetting any such violation.
Section 28 extends the same penalties to any school or school official who causes or is responsible for the commission of any of the enumerated acts.

Implementing rules, transitory rules, and effect on other laws

Section 29 requires that necessary sums to carry out the Act be included in the 1996 General Appropriations Act and thereafter.
Section 30 requires the Board to formulate and adopt necessary implementing guidelines within 60 days of approval.
Section 30 requires submission of implementing rules and guidelines to the Committees on Education, Arts, and Culture and the Committees on Civil Service and Professional Regulation of the Senate and House within 30 days after promulgation.
Section 30 provides that violation of the section renders responsible officials liable under Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other pertinent administrative and/or penal laws.
Section 31 provides a transitory protection for incumbent teachers in both public and private sectors not otherwise certified as professional teachers under the Act, giving them five (5) years temporary certificates from the Board’s organization to qualify under the Act and be included in the roster.
Section 31 provides that the Professional Board Examination for Teachers (PBET) continues to be administered by the Civil Service Commission and DECS for the year 1995.
Section 32 provides a separability clause: if any section or its application is declared unconstitutional or invalid, other sections or applications remain unaffected.
Section 33 provides a repealing clause: all laws, presidential decrees, executive orders, rules and regulations, or parts thereof inconsistent with the Act are repealed or modified accordingly.