Magna Carta for Public School Teachers

Policy and coverage of “teacher”

Section 1 declares the policy to promote and improve the social and economic status of public school teachers, their living and working conditions, terms of employment, and career prospects.
Section 1 establishes that advancing education depends on the qualifications and ability of the teaching staff and that education is a productive investment of vital importance to national economic growth.
“Teacher” means persons engaged in classroom teaching at any level of instruction on a full-time basis.
“Teacher” includes guidance counselors, school librarians, industrial arts or vocational instructors, and all persons performing supervisory and/or administrative functions in schools, colleges, and universities operated by the Government or its political subdivisions.
“Teacher” excludes school nurses, school physicians, school dentists, and other school employees.

Recruitment, qualifications, and appointment

Section 3 requires the Department of Education to clearly define recruitment policy for the selection and appointment of teachers.
Section 3 sets minimum educational qualifications effective upon approval of the Act:
- For kindergarten and elementary teachers: Bachelor’s degree in Elementary Education (B.S.E.ED.)
- For secondary school teachers: Bachelor’s degree in Education or its equivalent with a major and a minor, or Bachelor’s degree in Arts or Science with at least eighteen professional units in Education
- For secondary vocational and two-year technical courses: Bachelor’s degree in the field of specialization with at least eighteen professional units in education
- For collegiate level courses (other than vocational): master’s degree with a specific area of specialization
Section 3 allows the school superintendent to appoint, under temporary status, applicants who do not meet the minimum qualifications when there are no applicants who possess them.
Section 3 requires teacher-applicants to take competitive examinations, and appointment preference is in the order of their respective ranks in the examinations.
Section 3 mandates that examination results be made public, and each applicant must be furnished with his score and rank.

Probation, tenure, and transfers

Section 4 provides that when recruitment follows adequate training and professional preparation and the school is recognized by the Government, no probationary period preceding regular appointment shall be imposed if the teacher possesses the appropriate civil service eligibility.
Section 4 provides that when service exigencies require employing a person with minimum educational qualifications but lacking appropriate civil service eligibility, the person shall be appointed on provisional status and undergo a probation period of not less than one year from the date of provisional appointment.
Section 5 assures teachers stability of employment and security of tenure as provided under existing laws.
Section 5 requires permanent appointment for a teacher appointed on provisional status for lack of civil service eligibility, after at least ten years of continuous, efficient and faithful service in the position held.
Section 6 generally prohibits transferring any teacher without his consent from one station to another, except for cause and as otherwise provided.
Section 6 allows transfer when exigencies require it, to be effected by the school superintendent, who must previously notify the teacher of the transfer and the reasons.
Section 6 gives the teacher a right to appeal to the Director of Public Schools or the Director of Vocational Education (as the case may be) if he believes there is no justification.
Section 6 provides that pending appeal and the decision, the transfer shall be held in abeyance.
Section 6 prohibits any transfers three months before any local or national election.
Section 6 requires the Government to pay necessary transfer expenses of the teacher and his family if the transfer is finally approved.

Conduct, discipline safeguards, and protections

Section 7 requires the Secretary of Education to formulate and prepare a Code of Professional Conduct for Public School Teachers within six months from approval of the Act.
Section 7 requires that a copy of the Code be furnished to each teacher.
Section 7 provides an alternative distribution method if furnishing copies is not possible due to inadequate fiscal resources: at least three copies must be deposited with the office of the school principal or head teacher for teacher access.
Section 8 guarantees every teacher equitable safeguards in any disciplinary procedure, including:
- the right to be informed in writing of the charges;
- the right to full access to the evidence;
- the right to defend himself and to be defended by a representative of his choice and/or his organization, with adequate time to prepare a defense; and
- the right to appeal to clearly designated authorities.
Section 8 forbids publicity in any disciplinary action during the pendency of the teacher’s case.
Section 9 provides that administrative charges are initially heard by a committee composed of:
- the corresponding School Superintendent of the Division or a duly authorized representative with at least the rank of a division supervisor (as chairman);
- a representative of the local teachers’ organization, or if none exists, any existing provincial or national teachers’ organization; and
- a Division supervisor, appointed as designated by the Director of Public Schools.
Section 9 requires the committee to submit its findings and recommendations to the Director of Public Schools within thirty days from the termination of hearings.
Section 9 provides that if the school superintendent is the complainant or an interested party, all committee members shall be appointed by the Secretary of Education.
Section 10 prohibits discrimination in entrance to the teaching profession, during its exercise, or in termination of services, based on other than professional considerations.
Section 11 requires that whenever possible, proper authorities take steps so married couples who are both public school teachers are employed in the same locality.
Section 12 grants teachers academic freedom in the discharge of professional duties, particularly in teaching and classroom methods.

Hours, compensation, and salary rules

Section 13 provides that any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, scheduled to allow preparation and correction of exercises and other incidental duties.
Section 13 authorizes requiring more hours only when exigencies require it, but not exceeding eight hours of actual classroom teaching a day, with additional compensation:
- at the same rate as regular remuneration, plus
- at least twenty-five per cent of basic pay.
Section 14 requires additional compensation of at least twenty-five per cent of regular remuneration for co-curricular, out-of-school activities, and other activities outside normal duties, after completion of at least six hours of actual classroom teaching a day.
Section 14 requires additional compensation of at least twenty-five per cent of regular remuneration for other teachers or school officials not engaged in actual classroom instruction for work performed in excess of eight hours a day.
Section 14 directs that agencies utilizing teachers must pay the additional compensation required under the section.
Section 14 requires education authorities to refuse to allow rendering services for other government agencies unless assurance is given that teachers will be paid the remuneration provided for under the Act.
Section 15 sets criteria for teachers’ salaries:
- they must compare favorably with those paid in other occupations requiring equivalent or similar qualifications, training, and abilities;
- they must ensure a reasonable standard of life for teachers and their families; and
- they must be properly graded to recognize higher qualifications and greater responsibility.
Section 15 requires the general salary scale to have a reasonable relationship between the lowest and highest salary in the profession, and requires narrowing the salary scale by raising the low end relative to the upper end.
Section 16 provides salary scales with gradual progression from minimum to maximum by regular increments granted automatically after three years, subject to an efficiency rating of at least satisfactory.
Section 16 provides that progression from minimum to maximum shall not extend over more than ten years.
Section 17 prohibits salary scales of teachers whose salaries are appropriated by a city, municipal, municipal district, or provincial government from being less than those provided for teachers of the National Government.
Section 18 requires cost-of-living adjustments at the very least keeping pace with the rise in the cost of living by automatic follow-up to changes in a cost-of-living index.
Section 18 requires the Secretary of Education, in consultation with proper government entities, to recommend to Congress at least annually the appropriation of necessary funds for national government teachers’ cost-of-living allowances.
Section 18 provides that the determination of cost-of-living allowances by the Secretary of Education, upon approval of the President of the Philippines, is binding on city, municipal, or provincial governments for purposes of calculating teachers’ cost-of-living allowances under their employ.
Section 19 requires special hardship allowances in hardship areas (including difficulty commuting or other hazards peculiar to the place of employment, as determined by the Secretary of Education) equivalent to at least twenty-five per cent of monthly salary.
Section 20 requires teachers’ salaries to be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants, which must be cashable in any national, provincial, city, or municipal treasurer’s office or in any banking institutions operating under laws of the Republic of the Philippines.
Section 21 prohibits any deduction from teachers’ salaries except under specific authority of law authorizing such deductions.
Section 21 allows deductions upon written authority executed by the teacher for:
- lawful dues and fees owing to the Philippine Public School Teachers Association; and
- premiums properly due on insurance policies.

Medical care, injury protection, and leave

Section 22 mandates a compulsory medical examination for all teachers, free of charge, before they take up teaching, and repeated not less than once a year during professional life.
Section 22 provides that where medical examination shows that medical treatment and/or hospitalization is necessary, the government entity paying the teacher’s salary shall provide it free of charge.
Section 22 provides that in regions with scarcity of medical facilities, teachers may obtain necessary medical care elsewhere with the right to reimbursement of traveling expenses by the government entity concerned.
Section 23 requires protection against employment injuries in accordance with existing laws.
Section 23 recognizes the physical and nervous strain on teachers’ health as a compensable occupational matter under existing laws.
Section 24 grants study leave in addition to existing teacher leave privileges:
- it must not exceed one school year after seven years of service;
- it is granted under a schedule set by the Department of Education; and
- it entitles the teacher to at least sixty per cent of monthly salary during the leave period.
Section 24 prohibits accumulating more than one year study leave unless an additional semester is needed to finish a thesis for a graduate study in education or allied courses.
Section 24 provides that no compensation is due after the first year of such leave.
Section 24 provides that the study leave period counts for seniority and pension purposes.
Section 24 conditions one-year study leave compensation on taking the regular study load and passing at least seventy-five per cent of courses.
Section 24 allows study leave of more than one year by the Secretary of Education but without compensation.
Section 25 requires granting an indefinite sick leave of absence when the nature of illness demands long treatment exceeding one year.
Section 26 requires a salary increase upon retirement for public school teachers who have fulfilled age and service requirements of applicable retirement laws:
- the increase is one range salary raise upon retirement,
- it is the basis for computing the lump sum retirement pay and monthly benefits thereafter.

Retirement salary raise and teacher organizations

Section 26 mandates the salary raise upon retirement to become the basis for computing the lump sum retirement pay and monthly benefits thereafter.
Section 27 grants public school teachers the right to freely establish and join local or national organizations of their choosing to further and defend their interests without previous authorization.
Section 28 makes it unlawful for any person to discriminate against teachers through interference or coercion in the exercise of rights under Section 27.
Section 28 prohibits discrimination by:
- making employment conditional on not joining an organization or on relinquishing membership;
- causing dismissal or otherwise prejudicing a teacher because of membership or participation in organization activities outside school hours, or with the consent of proper authorities, within school hours;
- preventing a teacher from carrying out duties laid upon him in his organizational capacity; or
- penalizing him for actions undertaken in that capacity.
Section 29 requires national teachers’ organizations to be consulted in formulating national educational policies and professional standards, and in national policies governing the social security of teachers.

Administration, rules, budgets, and penalties

Section 30 requires the Secretary of Education to formulate and prepare necessary rules and regulations to implement the Act.
Section 30 provides that implementing rules take effect thirty days after publication in a newspaper of general circulation and by other means reasonably sufficient to give interested parties general notice.
Section 31 requires the Secretary of Education to submit to Congress annually the necessary budget estimates to implement the Act’s benefits for public school teachers employed by the National Government.
Section 32 imposes criminal liability on any person who willfully interferes with, restrains, or coerces a teacher in exercising rights guaranteed by the Act, or commits any act to defeat its provisions.
Section 32 provides that upon conviction, punishment is a fine of not less than PHP 100 nor more than PHP 1,000, or imprisonment at the discretion of the court.
Section 32 requires the court to order the dismissal from government service if the offender is a public official.

Repeal, separability, and implementation effect

Section 33 repeals, amends, or modifies all acts or parts of acts, executive orders, and their implementing rules inconsistent with the Act.
Section 34 provides for separability: if any provision is declared invalid, the remainder of the Act remains in force.
Section 35 provides that the Act takes effect upon its approval.
Section 30 governs the effectivity timing for implementing rules, which take effect thirty days after publication in a newspaper of general circulation and by other reasonable notice means.