C.A. 578
C.A. 578
C.A. 578
4670
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
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:
(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 of
specialization with at least eighteen professional units in education;
(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a specific
area of specialization;
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
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
Section 5. Tenure of Office. Stability on employment and
security of tenure shall be assured the teachers as
provided under existing laws.
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.
Necessary transfer expenses of the teacher and his family shall be paid for by the
Government if his transfer is finally approved.
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.
Section 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards
at each stage of any disciplinary procedure and shall have:
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
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
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.
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.
The agencies utilizing the services of teachers shall pay the additional compensation
required under this section.1âшphi1 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.
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;
(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 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.
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.
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.
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.
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.
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.
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.
IV. HEALTH MEASURES AND INJURY 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.
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.
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.
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.
VI. TEACHER'S ORGANIZATION