REPUBLIC ACT NO.

4670
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

DECS RULES OF PROCEDURE

I. DECLARATION OF POLICY — COVERAGE

SECTION 1. Declaration of Policy. — It is hereby declared to be

the policy of this Act to promote and improve the social and economic
status of public school teachers, their living and working conditions,
their terms of employment and career prospects in order that they
may compare favorably with existing opportunities in other walks of
life, attract and retain in the teaching profession more people with the
proper qualifications, it being recognized that advance in education
depends on the qualifications and ability of the teaching staff and that
education is an essential factor in the economic growth of the nation
as a productive investment of vital importance. chanroblespublishingcompany

SECTION 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 the professorial staff of state
colleges and universities. chanroblespublishingcompany

As used in this Act, the term “teacher” shall mean all persons
engaged in classroom teaching, in any level of instruction, on full-
time basis, including guidance counselors, school librarians,
industrial arts or vocational instructors, and all other persons
performing supervisory and/or administrative functions in all
schools, colleges and universities operated by the Government or its
political subdivisions; but shall not include school nurses, school
physicians, school dentists, and other school employees. chanroblespublishingcompany
 II. RECRUITMENT AND CAREER

SECTION 3. Recruitment and Qualification. — Recruitment

policy with respect to the selection and appointment of teachers shall
be clearly defined by the Department of Education: Provided,
however, That effective upon the approval of this Act, the following
shall constitute the minimum educational qualifications for teacher-
applicants: chanroblespublishingcompany

(a) For teachers in the kindergarten and elementary grades,

Bachelor’s degree in Elementary Education (B.S.E.ED.);

(b) For teachers of the secondary schools, 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; chanroblespublishingcompany

(c) For teachers of secondary vocational and two years

technical courses, Bachelor’s degree in the field of
specialization with at least eighteen professional units in
education; chanroblespublishingcompany

(d) For teachers of courses on the collegiate level, other than

vocational, master’s degree with a specific area of
specialization; chanroblespublishingcompany

Provided, further, That in the absence of applicants who possess the

minimum educational qualifications as hereinabove provided, the
school superintendent may appoint, under a temporary status,
applicants who do not meet the minimum qualifications: Provided,
further, That should teacher-applicants, whether they possess the
minimum educational qualifications or not, be required to take
competitive examinations, preference in making appointments shall
be in the order of their respective ranks in said competitive
examinations: And provided, finally, That the results of the
examinations shall be made public and every applicant shall be
furnished with his score and rank in said examinations. chanroblespublishingcompany
SECTION 4. Probationary Period. — When recruitment takes
place after adequate training and professional preparation in any
school recognized by the Government, no probationary period
preceding regular appointment shall be imposed if the teacher
possesses the appropriate civil service eligibility: Provided, however,
That where, due to the exigencies of the service, it is necessary to
employ as teacher a person who possesses the minimum educational
qualifications herein above set forth but lacks the appropriate civil
service eligibility, such person shall be appointed on a provisional
status and shall undergo a period of probation for not less than one
year from and after the date of his provisional appointment. chanroblespublishingcompany

SECTION 5. Tenure of Office. — Stability on employment and

security of tenure shall be assured the teachers as provided under
existing laws.chanroblespublishingcompany

Subject to the provisions of Section three hereof, teachers appointed

on a provisional status for lack of necessary civil service eligibility
shall be extended permanent appointment for the position he is
holding after having rendered at least ten years of continuous,
efficient and faithful service in such position.

SECTION 6. Consent for Transfer — Transportation Expenses. —

Except for cause and as herein otherwise provided, no teacher shall
be transferred without his consent from one station to another. chanroblespublishingcompany

Where the exigencies of the service require the transfer of a teacher

from one station to another, such transfer may be effected by the
school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the
teacher believes there is no justification for the transfer, he may
appeal his case to the Director of Public Schools or the Director of
Vocational Education, as the case may be. Pending his appeal and the
decision thereon, his transfer shall be held in abeyance: Provided,
however, That no transfers whatever shall be made three months
before any local or national election. chanroblespublishingcompany

Necessary transfer expenses of the teacher and his family shall be

paid for by the Government if his transfer is finally approved. chanroblespublishingcompany
SECTION 7. Code of Professional Conduct for Teachers. —
Within six months from the approval of this Act, the Secretary of
Education shall formulate and prepare a Code of Professional
Conduct for Public School Teachers. A copy of the Code shall be
furnished each teacher: Provided, however, That where this is not
possible by reason of inadequate fiscal resources of the Department of
Education, at least three copies of the same Code shall be deposited
with the office of the school principal or head teacher where they may
be accessible for use by the teachers. chanroblespublishingcompany

SECTION 8. Safeguards in Disciplinary Procedure. — Every

teacher shall enjoy equitable safeguards at each stage of any
disciplinary procedure and shall have: chanroblespublishingcompany

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 defend himself and to be defended by a

representative of his choice and/or by his organization,
adequate time being given to the teacher for the preparation
of his defense; and chanroblespublishingcompany

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.

SECTION 9. Administrative Charges. — Administrative charges

against a teacher shall be heard initially by a committee composed of
the corresponding School Superintendent of the Division or a duly
authorized representative who should at least have the rank of a
division supervisor, where the teacher belongs, as chairman, a
representative of the local or, in its absence, any existing provincial or
national teacher’s organization and a supervisor of the Division, the
last two to be designated by the Director of Public Schools. The
committee shall submit its findings and recommendations to the
Director of Public Schools within thirty days from the termination of
the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the
members of the committee shall be appointed by the Secretary of
Education. chanroblespublishingcompany

SECTION 10. No Discrimination. — There shall be no

discrimination whatsoever in entrance to the teaching profession, or
during its exercise, or in the termination of services, based on other
than professional consideration. chanroblespublishingcompany

SECTION 11. Married Teachers. — Whenever possible, the proper

authorities shall take all steps to enable married couples, both of
whom are public school teachers, to be employed in the same locality.

SECTION 12. Academic Freedom. — Teachers shall enjoy

academic freedom in the discharge of their professional duties,
particularly with regard to teaching and classroom methods. chanroblespublishingcompany

III. HOURS OF WORK AND REMUNERATION

SECTION 13. Teaching Hours. — Any teacher engaged in actual

classroom instruction shall not be required to render more than six
hours of actual classroom teaching a day, which shall be so scheduled
as to give him time for the preparation and correction of exercises
and other work incidental to his normal teaching duties: Provided,
however, That where the exigencies of the service so require, any
teacher may be required to render more than six hours but not
exceeding eight hours of actual classroom teaching a day upon
payment of additional compensation at the same rate as his regular
remuneration plus at least twenty-five per cent of his basic pay. chanroblespublishingcompany

SECTION 14. Additional Compensation. — Notwithstanding any

provision of existing law to the contrary, co-curricula and out of
school activities and any other activities outside of what is defined as
normal duties of any teacher shall be paid an additional
compensation of at least twenty-five per cent of his regular
remuneration after the teacher has completed at least six hours of
actual classroom teaching a day. chanroblespublishingcompany

In the case of other teachers or school officials not engaged in actual

classroom instruction, any work performed in excess of eight hours a
day shall be paid an additional compensation of at least twenty-five
per cent of their regular remuneration. chanroblespublishingcompany

The agencies utilizing the services of teachers shall pay the additional
compensation required under this section. Education authorities shall
refuse to allow the rendition of services of teachers for other
government agencies without the assurance that the teachers shall be
paid the remuneration provided for under this section. chanroblespublishingcompany

SECTION 15. Criteria for Salaries. — Teacher’s salaries shall

correspond to the following criteria:

(a) they shall compare favorably with those paid in other

occupations requiring equivalent or similar qualifications,
training and abilities; chanroblespublishingcompany

(b) they shall be such as to insure teachers a reasonable

standard of life for themselves and their families; and chanroblespublishingcompany

(c) they shall be properly graded so as to recognize the fact that

certain positions require higher qualifications and greater
responsibility than others: Provided, however, That the
general salary scale shall be such that the relation between
the lowest and highest salaries paid in the profession will
be of reasonable order. Narrowing of the salary scale shall
be achieved by raising the lower end of the salary scales
relative to the upper end. chanroblespublishingcompany

SECTION 16. Salary Scale. — Salary scales of teachers shall

provide for a gradual progression from a minimum to a maximum
salary by means of regular increments, granted automatically after
three years: Provided, That the efficiency rating of the teacher
concerned is at least satisfactory. The progression from the minimum
to the maximum of the salary scale shall not extend over a period of
ten years. chanroblespublishingcompany

SECTION 17. Equality in Salary Scales. — The salary scales of

teachers whose salaries are appropriated by a city, municipal,
municipal district, or provincial government, shall not be less than
those provided for teachers of the National Government. chanroblespublishingcompany
SECTION 18. Cost of Living Allowance. — Teacher’s salaries shall,
at the very least, keep pace with the rise in the cost of living by the
payment of a cost-of-living allowance which shall automatically
follow changes in a cost-of-living index. The Secretary of Education
shall, in consultation with the proper government entities,
recommend to Congress, at least annually, the appropriation of the
necessary funds for the cost-of-living allowances of teachers
employed by the National Government. The determination of the
cost-of-living allowances by the Secretary of Education shall, upon
approval of the President of the Philippines, be binding on the city,
municipal or provincial government, for the purposes of calculating
the cost-of-living allowances of teachers under its employ. chanroblespublishingcompany

SECTION 19. Special Hardship Allowances. — In areas in which

teachers are exposed to hardship such as difficulty in commuting to
the place of work or other hazards peculiar to the place of
employment, as determined by the Secretary of Education, they shall
be compensated special hardship allowances equivalent to at least
twenty-five per cent of their monthly salary. chanroblespublishingcompany

SECTION 20. Salaries to be Paid in Legal Tender. — Salaries of

teachers shall be paid in legal tender of the Philippines or its
equivalent in checks or treasury warrants. Provided, however, That
such checks or treasury warrants shall be cashable in any national,
provincial, city or municipal treasurer’s office or any banking
institutions operating under the laws of the Republic of the
Philippines. chanroblespublishingcompany

SECTION 21. Deductions Prohibited. — No person shall make any

deduction whatsoever from the salaries of teachers except under
specific authority of law authorizing such deductions: Provided,
however, That upon written authority executed by the teacher
concerned, (1) lawful dues and fees owing to the Philippine Public
School Teachers Association, and (2) premiums properly due on
insurance policies, shall be considered deductible. chanroblespublishingcompany

IV. HEALTH MEASURES AND INJURY BENEFITS

SECTION 22. Medical Examination and Treatment. —
Compulsory medical examination shall be provided free of charge for
all teachers before they take up teaching, and shall be repeated not
less than once a year during the teacher’s professional life. Where
medical examination show that medical treatment and/or
hospitalization is necessary, same shall be provided free by the
government entity paying the salary of the teachers. chanroblespublishingcompany

In regions where there is scarcity of medical facilities, teachers may

obtain elsewhere the necessary medical care with the right to be
reimbursed for their traveling expenses by the government entity
concerned in the first paragraph of this Section. chanroblespublishingcompany

SECTION 23. Compensation For Injuries. — Teachers shall be

protected against the consequences of employment injuries in
accordance with existing laws. The effects of the physical and nervous
strain on the teacher’s health shall be recognized as a compensable
occupational disease in accordance with existing laws. chanroblespublishingcompany

V. LEAVE AND RETIREMENT BENEFITS

SECTION 24. Study Leave. — In addition to the leave privileges

now enjoyed by teachers in the public schools, they shall be entitled to
study leave not exceeding one school year after seven years of service.
Such leave shall be granted in accordance with a schedule set by the
Department of Education. During the period of such leave, the
teachers shall be entitled to at least sixty per cent of their monthly
salary: Provided, however, That no teacher shall be allowed to
accumulate more than one year study leave, unless he needs an
additional semester to finish his thesis for a graduate study in
education or allied courses: Provided, further, That no compensation
shall be due the teacher after the first year of such leave. In all cases,
the study leave period shall be counted for seniority and pension
purposes. chanroblespublishingcompany

The compensation allowed for one year study leave as herein

provided shall be subject to the condition that the teacher takes the
regular study load and passes at least seventy-five per cent of his
courses. Study leave of more than one year may be permitted by the
Secretary of Education but without compensation. chanroblespublishingcompany
SECTION 25. Indefinite Leave. — An indefinite sick leave of
absence shall be granted to teachers when the nature of the illness
demands a long treatment that will exceed one year at the least. chanroblespublishingcompany

SECTION 26. Salary Increase upon Retirement. — Public school

teachers having fulfilled the age and service requirements of the
applicable retirement laws shall be given one range salary raise upon
retirement, which shall be the basis of the computation of the lump
sum of the retirement pay and the monthly benefits thereafter. chanroblespublishingcompany

VI. TEACHER’S ORGANIZATION

SECTION 27. Freedom to Organize. — Public school teachers shall

have the right to freely and without previous authorization both to
establish and to join organizations of their choosing, whether local or
national to further and defend their interests. chanroblespublishingcompany

SECTION 28. Discrimination Against Teachers Prohibited. — The

rights established in the immediately preceding Section shall be
exercised without any interference or coercion. It shall be 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. chanroblespublishingcompany

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. chanroblespublishingcompany

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.

SECTION 31. Budgetary Estimates. — The Secretary of Education

shall submit to Congress annually the necessary budgetary estimates
to implement the provisions of the Act concerning the benefits herein
granted to public school teachers under the employ of the National
Government. chanroblespublishingcompany

SECTION 32. Penal Provision. — A person who shall wilfully

interfere with, restrain or coerce any teacher in the exercise of his
rights guaranteed by this Act or who shall in any other manner
commit any act to defeat any of the provisions of this Act shall, upon
conviction, be punished by a fine of not less than one hundred pesos
nor more than one thousand pesos, or by imprisonment, in the
discretion of the court. chanroblespublishingcompany

If the offender is a public official, the court shall order his dismissal
from the Government service. chanroblespublishingcompany

SECTION 33. Repealing Clause. — All Acts or parts of Acts,

executive orders and their implementing rules inconsistent with the
provisions of this Act are hereby repealed, amended or modified
accordingly. chanroblespublishingcompany

SECTION 34. Separability Clause. — If any provision of this Act is

declared invalid, the remainder of this Act or any provisions not
affected thereby shall remain in force and in effect. chanroblespublishingcompany

SECTION 35. This Act shall take effect upon its approval. chanroblespublishingcompany

Approved: June 18, 1966

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