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Magna Carta For Pubic School Teacher

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MAGNA CARTA FOR PUBIC

SCHOOL TEACHER
I.DECLARATION OF POLICY-
COVERAGE
 It is hereby declared to be the policy of this Act to promote
and improved the social and economic status of public school
teachers, their living and working conditions, their
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 qualification, it being recognized that
advance in education depends on the qualification 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.
 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.
 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.
II.RECRUITMENT AND CAREER
 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:
(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.

(c.)For teachers of secondary vocational and two years


technical courses, Bachelor`s degree in the field or
specialization with at least eighteen professional units in
education.

(d.)For teachers of courses in the collegiate level, other


than vocational master`s degree with a specific area of
specialization:
Provided, further: that in the absence of
applicants who passes the minimum educational
qualifications as herein above 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: and provided, finally, that
the result of the examinations shall be made public
and every applicant shall be furnished with his score
and rank in said examinations.
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.
 Stability of employment and security of tenure
shall be assured the teachers as provided under
existing laws.
 Subject to the provisions of section three thereof,
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.
 Transportation Expenses. – Except for cause and has
herein otherwise provided, no teacher shall be
transferred without his consent form one station to
another.
Where the exigencies of the service require the
transfer of a teacher from one station to another, such
transfer maybe 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 transfer whatever shall be made three
months before any local or national election.

 Necessary transfer expenses of the teacher and his


family shall be paid for by the Government if his transfer
is finally approved.
 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.
 Every teacher shall enjoy equitable safeguard at each stage
of any disciplinary procedure and shall have:
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 defined 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
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.
 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 teachers organization and supervisor of the
division, the last two should be designated by the Director of Public
Schools. The committee shall submit its findings and recommendations
to the Director of Public Schools within thirty (30) days from the
termination of the hearings: Provided, however, that where the school
superintendent is the complainant or the interested party, all the
members of the committee shall be appointed by the Secretary of
Education.
 There shall be no discrimination
whatsoever in entrance to the
teaching profession, or during its
exercise, or in the termination of
services, based on any ground other
than professional consideration.
 Wherever 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.
 Teacher shall enjoy academic
freedom in the discharge of their
professional duties, particularly
with regard to teaching and
classroom methods.
III. HOURS OF WORK AND
REMUNERATION
 Any teacher engaged in actual classroom instruction
shall not be required to render more than six hours of
actual classroom teaching a day, 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 percent
of his basic pay.
 Notwithstanding any provision of existing law to
the contrary, co-curricular 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
percent of his regular remuneration after the teacher
has completed at least six hours of actual classroom
teaching a day.
 In the case of other teachers or school official 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 percent
of their regular remuneration.

 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.
 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;
(b) They shall be such as to insure teachers a reasonable standard of life
for themselves and their families; and
(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 ad 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.
 Salary scales of teachers shall provide for a
gradual progression from 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.
 The salary 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.
 Teacher`s salaries shall, at the very least, keep pace with the
rise in the cost of living by payment of a cost-of-living index.
The Secretary of Education shall 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.
 In areas in which teachers are exposed to
hardship such as difficulty in communicating 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 by special hardship allowances
equivalent to at least twenty five percent of
their monthly salary.
 Salaries of teacher 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.
 No person shall make any deduction whatsoever
form 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.
IV. HEALTH MEASURES AND
INJURY BENEFITS
 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 teachers
professional life. Where medical examination shows that medical
treatment and/or hospitalization is necessary, same shall be
provided free by the government entity paying the salary of the
teachers.
 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 travelling expenses by the government
entity concerned in the first paragraph of this section.
 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 occupation disease in
accordance with existing laws.
V. LEAVE AND RETIREMENT
BENEFITS
 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 teacher shall be entitled to at least
sixty percent 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.
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 percent of his courses. Study leave of more than
one year may be permitted by the Secretary of Education but
without compensation.
 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.
 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.
VI.TEACHERS ORGANIZATION
 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.
 The right established in the immediately preceding section shall be exercise
without any interference or coercion. It shall be unlawful for any person to
commit any acts of discrimination against teacher 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) 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) 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 the
capacity.
 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.ADMINSTRATION
AND ENFORCEMENT
 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.
 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.
 Any person who shall willfully interfere with, restrain or
coerce any teacher in the exercise of his rights
guaranteed by his Act or who shall in any 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.
 If the offender is a public official, the court shall
order his dismissal from the Government service.
 AllActs or parts of Acts, executive
orders and their implementing rules
inconsistent with the provisions of this
Act are hereby repealed, amended or
modified accordingly.
 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 effect.
 Approved on June 18, 1966 under the
Presidency of Ferdinand E. Marcos.

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