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SECTION 3. Recruitment and Qualification. - Recruitment Policy

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SECTION 3.

Recruitment and That the results of the examinations


Qualification. — Recruitment policy shall be made public and every
with respect to the selection and applicant shall be furnished with his
appointment of teachers shall be score and rank in said examinations.
clearly defined by the Department of
Education: Provided,however, That
effective upon the approval of this SECTION 4. Probationary Period.
Act, the following shall constitute the — When recruitment takes place
minimum educational qualifications after adequate training and
for teacher-applicants: professional preparation in any
school recognized by the
(a) For teachers in the kindergarten Government, no probationary period
and elementary grades,Bachelor’s preceding regular appointment shall
degree in Elementary Education be imposed if the teacher possesses
(B.S.E.ED.); the appropriate civil service
(b) For teachers of the secondary eligibility: Provided, however,That
schools, Bachelor’s degree in where, due to the exigencies of the
Education or its equivalent with a service, it is necessary to employ as
major and a minor; or a Bachelor’s teacher a person who possesses the
degree in Arts or Science with at minimum educational qualifications
least eighteen professional units in herein above set forth but lacks the
Education; appropriate civil service eligibility,
(c) For teachers of secondary such person shall be appointed on a
vocational and two years technical provisional status and shall undergo
courses, Bachelor’s degree in the a period of probation for not less
field of specialization with at least than one year from and after the
eighteen professional units in date of his provisional appointment.
education;
(d) For teachers of courses on the SECTION 5. Tenure of Office. —
collegiate level, other than Stability on employment and security
vocational, master’s degree with a of tenure shall be assured the
specific area of specialization; teachers as provided under existing
laws.
Provided, further, That in the Subject to the provisions of Section
absence of applicants who possess three hereof, teachers appointed on
the minimum educational a provisional status for lack of
qualifications as herein above necessary civil service eligibility shall
provided, the school superintendent be extended permanent appointment
may appoint, under a temporary for the position he is holding after
status,applicants who do not meet having rendered at least ten years of
the minimum qualifications: continuous,efficient and faithful
Provided,further, That should service in such position.
teacher-applicants, whether they
possess the minimum educational SECTION 6. Consent for Transfer
qualifications or not, be required to — Transportation Expenses. —
take competitive examinations, Except for cause and as herein
preference in making appointments otherwise provided, no teacher shall
shall be in the order of their be transferred without his consent
respective ranks in said competitive from one station to another.
examinations: And provided, finally,
Where the exigencies of the service a. the right to be informed, in writing,
require the transfer of a teacher from of the charges;
one station to another, such transfer b. the right to full access to the
may be effected by the school evidence in the case;
superintendent who shall previously c. the right to defend himself and to
notify the teacher concerned of the be defended by are representative of
transfer and the reason or reasons his choice and/or by his
therefor. If the teacher believes there organization,adequate time being
is no justification for the transfer, he given to the teacher for the
may appeal his case to the Director preparationbof his defense; and
of Public Schools or the Director of d. the right to appeal to clearly
Vocational Education, as the case designated authorities.No publicity
may be. Pending his appeal and the shall be given to any disciplinary
decision thereon, his transfer shall action being taken against a teacher
be held in abeyance: during the pendency of his case.
Provided,however, That no transfers
whatever shall be made three SECTION 9. Administrative
months before any local or national Charges. — Administrative charges
election. Necessary transfer against a teacher shall be heard
expenses of the teacher and his initially by a committee composed of
family shall bepaid for by the the corresponding School
Government if his transfer is finally Superintendent of the Division or a
approved. duly authorized representative who
should at least have the rank of
SECTION 7. Code of Professional advision supervisor, where the
Conduct for Teachers. — Within teacher belongs, as chairman, are
six months from the approval of this representative of the local or, in its
Act, the Secretary of Education shall absence, any existing provincial or
formulate and prepare a Code of national teacher’s organization and a
Professional Conduct for Public supervisor of the Division, the last
School Teachers. A copy of the two to be designated by the Director
Code shall be furnished each of Public Schools. The committee
teacher: Provided, however, That shall submit its findings and
where this is not possible by reason recommendations to the Director of
of inadequate fiscal resources of the Public Schools within thirty days
Department of Education, at least from the termination of the hearings:
three copies of the same Code shall Provided, however, That where the
be deposited with the office of the school superintendent is the
school principal or head teacher complainant or an interested party,
where they may be accessible for all the members of the committee
use by the teachers. shall be appointed by the Secretary
of Education.
SECTION 8. Safeguards in
Disciplinary Procedure. — Every SECTION 10. No Discrimination.
teacher shall enjoy equitable — There shall be no discrimination
safeguards at each stage of any whatsoever in entrance to the
disciplinary procedure and shall teaching profession, or during its
have: exercise, or in the termination of
services, based on other than
professional consideration.
hours of actual classroom teaching a
SECTION 11. Married Teachers. — day.
Whenever possible, the proper
authorities shall take all steps to In the case of other teachers or
enable married couples, both of school officials not engaged in actual
whom are public school teachers, to classroom instruction, any work
be employed in the same locality. performed in excess of eight hours a
day shall be paid an additional
SECTION 12. Academic Freedom. compensation of at least twenty-five
— Teachers shall enjoy academic per cent of their regular
freedom in the discharge of their remuneration.
professional duties,particularly with The agencies utilizing the services of
regard to teaching and classroom teachers shall pay the additional
methods. compensation required under this
section. Education authorities shall
III. HOURS OF WORK AND refuse to allow the rendition of
REMUNERATION services of teachers for other
government agencies without the
SECTION 13. Teaching Hours. — assurance that the teachers shall be
Any teacher engaged in actual paid the remuneration provided for
classroom instruction shall not be under this section
required to render more than six
hours of actual classroom teaching a SECTION 15. Criteria for Salaries.
day, which shall be so scheduled as — Teacher’s salaries shall
to give him time for the preparation correspond to the following criteria:
and correction of exercises and (a) they shall compare favorably with
other work incidental to his normal those paid in other occupations
teaching duties: Provided,however, requiring equivalent or similar
That where the exigencies of the qualifications,training and abilities;
service so require, any teacher may (b) they shall be such as to insure
be required to render more than six teachers a reasonable standard of
hours but not exceeding eight hours life for themselves and their families;
of actual classroom teaching a day and
upon payment of additional (c) they shall be properly graded so
compensation at the same rate as as to recognize the fact that certain
his regular remuneration plus at positions require higher
least twenty-five per cent of his basic qualifications and greater
pay. responsibility than others: Provided,
however, That the general salary
SECTION 14. Additional scale shall be such that the relation
Compensation. — Not with between the lowest and highest
standing any provision of existing salaries paid in the profession will be
law to the contrary, co-curricula and of reasonable order. Narrowing of
out of school activities and any other the salary scale shall be achieved by
activities outside of what is defined raising the lower end of the salary
as normal duties of any teacher shall scales relative to the upper end.
be paid an additional compensation
of at least twenty-five per cent of his SECTION 16. Salary Scale. —
regular remuneration after the Salary scales of teachers shall
teacher has completed at least six provide for a gradual progression
from a minimum to a maximum peculiar to the place of employment,
salary by means of regular as determined by the Secretary of
increments, granted automatically Education, they shall be
after three years: Provided, That the compensated special hardship
efficiency rating of the teacher allowances equivalent to at least
concerned is at least satisfactory. twenty-five per cent of their monthly
The progression from the minimum salary.
to the maximum of the salary scale
shall not extend over a period often SECTION 20. Salaries to be Paid
years. in Legal Tender. — Salaries of
teachers shall be paid in legal tender
SECTION 17. Equality in Salary of the Philippines or its equivalent in
Scales. — The salary scales of checks or treasury warrants.
teachers whose salaries are Provided, however, That such
appropriated by a city, checks or treasury warrants shall be
municipal,municipal district, or cashable in any national,provincial,
provincial government, shall not be city or municipal treasurer’s office or
less than those provided for teachers any banking institutions operating
of the National Government. under the laws of the Republic of the
Philippines.
SECTION 18. Cost of Living
Allowance. — Teacher’s salaries SECTION 21. Deductions
shall,at the very least, keep pace Prohibited. — No person shall
with the rise in the cost of living by make any deduction whatsoever
the payment of a cost-of-living from the salaries of teachers except
allowance which shall automatically under specific authority of law
follow changes in a cost-of-living authorizing such deductions:
index. The Secretary of Education Provided,however, That upon written
shall, in consultation with the proper authority executed by the teacher
government entities,recommend to concerned, (1) lawful dues and fees
Congress, at least annually, the owing to the Philippine Public School
appropriation of the necessary funds Teachers Association, and (2)
for the cost-of-living allowances of premiums properly due on insurance
teachers employed by the National policies, shall be considered
Government. The determination of deductible.
the cost-of-living allowances by the
Secretary of Education shall, upon IV. HEALTH MEASURES AND
approval of the President of the INJURY BENEFITS
Philippines, be binding on the
city,municipal or provincial SECTION 22. Medical Examination
government, for the purposes of and Treatment. —Compulsory
calculating the cost-of-living medical examination shall be
allowances of teachers under its provided free of charge for all
employ. teachers before they take up
teaching, and shall be repeated not
SECTION 19. Special Hardship less than once a year during the
Allowances. — In areas in which teacher’s professional life. Where
teachers are exposed to hardship medical examination show that
such as difficulty in commuting to the medical treatment and/or
place of work or other hazards hospitalization is necessary, same
shall be provided free by the period shall be counted for seniority
government entity paying the salary and pensionpurposes.
of the teachers.
The compensation allowed for one
In regions where there is scarcity of year study leave as hereinprovided
medical facilities, teachers may shall be subject to the condition that
obtain elsewhere the necessary the teacher takes theregular study
medical care with the right to be load and passes at least seventy-five
reimbursed for their traveling per cent of hiscourses. Study leave
expenses by the government entity of more than one year may be
concerned in the first paragraph of permitted by the Secretary of
this Section. Education but without compensation.

SECTION 23. Compensation For SECTION 25. Indefinite Leave. —


Injuries. — Teachers shall be An indefinite sick leave of absence
protected against the consequences shall be granted to teachers when
of employment injuries in the nature of the illness demands a
accordance with existing laws. The long treatment that will exceed one
effects of the physical and nervous year at the least.
strain on the teacher’s health shall
be recognized as a compensable SECTION 26. Salary Increase
occupational disease in accordance upon Retirement. — Public
with existing laws. schoolteachers having fulfilled the
age and service requirements of the
V. LEAVE AND RETIREMENT applicable retirement laws shall be
BENEFITS given one range salary raise upon
retirement, which shall be the basis
SECTION 24. Study Leave. — In of the computation of the lump sum
addition to the leave privileges now of the retirement pay and the
enjoyed by teachers in the public monthly benefits thereafter.
schools, they shall be entitled to
study leave not exceeding one VI. TEACHER’S ORGANIZATION
school year after seven years of
service.Such leave shall be granted SECTION 27. Freedom to
in accordance with a schedule set by Organize. — Public school teachers
the Department of Education. During shall have the right to freely and
the period of such leave, the without previous authorization both
teachers shall be entitled to at least to establish and to join organizations
sixty per cent of their monthly salary: of their choosing, whether local or
Provided, however, That no teacher national to further and defend their
shall be allowed to accumulate more interests.
than one year study leave, unless he
needs an additional semester to SECTION 28. Discrimination
finish his thesis for a graduate study Against Teachers Prohibited. —
in education or allied courses: The rights established in the
Provided, further, That no immediately preceding Section shall
compensation shall be due the be exercised without any
teacher after the first year of such interference or coercion. It shall be
leave. In all cases,the study leave 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.

SECTION 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

SECTION 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 issuance

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