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C.A. 578

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C.A. 578 or REPUBLIC ACT No.

4670

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

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.
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.

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.

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.

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:

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

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
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.

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
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.
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.

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 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.

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.
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.
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.

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

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.
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.
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.
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.
Section 32. Penal Provision. A person who shall willfully
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.

If the offender is a public official, the court shall order his


dismissal from the Government service.
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.
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.
Section 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

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