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CPE 101 Magnacarta 1

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RA no.

4670
Magna Carta for Public School

Teachers
DECLARATION OF POLICY
COVERAGE
Sec. 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.
DECLARATION OF POLICY
COVERAGE
Sec. 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
RECRUITMEN
T AND
CAREER
RECRUITMENT AND CAREER
d) For teachers of courses on the
Sec. 3. Recruitment and Qualification. collegiate level, other than vocational,
Recruitment policy with respect to the master's degree with a specific area of
selection and appointment of teachers specialization; Provided, further, That in
shall be clearly defined by the Department the absence of applicants who possess
of Education: Provided, however, That the minimum educational qualifications
effective upon the approval of this Act, the as hereinabove provided, the school
following shall constitute the minimum superintendent may appoint, under a
educational qualifications for teacher- temporary status, applicants who do not
applicants: (a) For teachers in the meet the minimum qualifications.
kindergarten and elementary grades, Provided, further, That should teacher-
Bachelor's degree in Elementary Education applicants, whether they possess the
(B.S.E.ED.); (b) For teachers of the minimum educational qualifications or
secondary schools, Bachelor's degree in not, be required to take competitive
Education or its equivalent with a major examinations, preference in making
and a minor, or a Bachelor's degree in Arts appointments shall be in the order of
or Science with at least 18 professional their respective ranks in said
units in Education. (c) For teachers of competitive examinations. And
secondary vocational and two years provided, finally, That the results of the
RECRUITMENT AND CAREER
Sec. 4. Probationary Period. When Sec. 5. Tenure of Office. Stability on
recruitment takes place after adequate employment and security of tenure
training and professional preparation in shall be assured the teachers as
any school recognized by the provided under existing laws.
Government, no probationary period Subject to the provisions of Section
preceding regular appointment shall be three hereof, teachers appointed on a
imposed if the teacher possesses the provisional status for lack of necessary
appropriate civil service eligibility: civil service eligibility shall be extended
Provided, however, That where, due to permanent appointment for the position
the exigencies of the service, it is he is holding after having rendered at
necessary to employ as teacher a least ten years of continuous, efficient
person who possesses the minimum and faithful service in such position.
educational qualifications hereinabove
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
RECRUITMENT AND CAREER
Sec. 6. Consent for Transfer
Transportation Expenses. Except for Pending his appeal and the decision
cause and as herein otherwise provided, thereon, his transfer shall be held in
no teacher shall be transferred abeyance: Provided, however, That no
without his consent from one transfers whatever shall be made
station to another. three months before any local or
Where the exigencies of the service national election.
require the transfer of a teacher from Necessary transfer expenses of the
one station to another, such transfer teacher and his family shall be paid for
may be effected by the school by the Government if his transfer is
superintendent who shall previously finally approved.
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.
RECRUITMENT AND CAREER
Sec. 7. Code of Professional
Conduct for Teachers. Within six a. the right to be informed, in writing, of
months from the approval of this Act, the charges,
the Secretary of Education shall b. the right to full access to the
formulate and prepare a Code of evidence in the case,
Professional Conduct for Public School c. the right to defend himself and to be
Teachers. A copy of the Code shall be defended by a representative of his
furnished each teacher: Provided, choice and/or by his organization,
however, That where this is not possible adequate time being given to the
by reason of inadequate fiscal resources teacher for the preparation of his
of the Department of Education, at least defense; and
three copies of the same Code shall d. the right to appeal to clearly
be deposited with the office of the designated authorities,
school principal or head teacher
where they may be accessible for use No publicity shall be given to
by the teachers any disciplinary action being taken
against a teacher during the
Sec. 8. Safeguards in Disciplinary pendency of his case.
Procedure. Every teacher shall enjoy
RECRUITMENT AND CAREER
Sec. 9. Administrative Charges.
Administrative charges against a
teacher shall be heard initially by a
committee composed of the
corresponding School Superintendent
The committee shall submit its
of the Division or a duly authorized
findings and recommendations to
representative who should at least have
the Director of Public Schools
the rank of a division supervisor, where
within thirty days from the
the teacher belongs, as chairman, a
termination of the hearings: Provided,
representative of the local or, in its
however, That where the school
absence, any existing provincial or
superintendent is the complainant or an
national teacher's organization and a
interested party, all the members of the
supervisor of the Division, the last two
committee shall be appointed by the
to be designated by the Director of
Secretary of Education.
Public Schools.
RECRUITMENT AND CAREER
Sec. 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.

Sec. 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.

Sec. 12. Academic Freedom.


Teachers shall enjoy academic freedom
in the discharge of their professional
duties, particularly with regard to
teaching and classroom methods.
Hours of Work
and
Remuneration
Hours of Work and
RemunerationSec.
Sec. 13. Teaching Hours. Any teacher 14. Additional Compensation.
engaged in actual classroom instruction
Notwithstanding any provision of
shall not be required to render existing law to the contrary, co-curricula
more than six hours of actual and out of school activities and any
classroom teaching a day, which other activities outside of what is
shall be so scheduled as to give him defined as normal duties of any teacher
time for the preparation and correction shall be paid an additional
of exercises and other work incidental to compensation of at least twenty-five
his normal teaching duties: Provided, percent of his regular remuneration
however, That where the exigencies of after the teacher has completed at least
the service so require, any teacher may six hours of actual classroom teaching a
be required to render more than six day.
hours but not exceeding eight hours The agencies utilizing the services
of actual classroom teaching a day of teachers shall pay the additional
upon payment of additional compensation required under this
compensation at the same rate as his section. Education authorities shall
regular remuneration plus at least refuse to allow the rendition of services
twenty-five percent of his basic pay. of teachers for other government
agencies without the assurance that the
Hours of Work and
RemunerationSec.
Sec. 15. Criteria for Salaries. 16. Salary Scale. Salary scales of
Teacher's salaries shall correspond to
teachers shall provide for a gradual
the following criteria: progression from a minimum to a
(a) they shall compare favorably with maximum salary by means of regular
those paid in other occupations increments, granted automatically after
requiring equivalent or similar three years: Provided, That the
qualifications, training and abilities; (b) efficiency rating of the teacher
they shall be such as to insure teachers concerned is at least satisfactory. The
a reasonable standard of life for progression from the minimum to the
themselves and their families, and maximum of the salary scale shall not
(c) they shall be properly graded so as extend over a period of ten years.
to recognize the fact that certain
positions require higher qualifications Sec. 17. Equality in Salary Scales.
and greater responsibility than others: The salary scales of teachers whose
Provided, however, That the general salaries are appropriated by a city,
salary scale shall be such that the municipal, municipal district, or
relation between the lowest and highest provincial government, shall not be less
salaries paid in the profession will be of than those provided for teachers of the
reasonable order. Narrowing of the National Government
Hours of Work and
RemunerationSec.
18. Cost of Living Allowance.
Teacher's salaries shall, at the very
19. Special Hardship
Allowances. In areas in which teachers
least, keep pace with the rise in the cost are exposed to hardship such as
of living by the payment of a cost-of- difficulty in commuting to the place of
living allowance which shall work or other hazards peculiar to the
automatically follow changes in a cost- place of employment, as determined by
of-living index. The Secretary of the Secretary of Education, they shall
Education shall, in consultation with the be compensated special hardship
proper government entities, recommend allowances equivalent to at least
to Congress, at least annually, the twenty- five percent of their monthly
appropriation of the necessary funds for salary.
the cost-of-living allowances of teachers
employed by the National Government. Sec. 20. Salaries to be Paid in Legal
The determination of the cost-of-living Tender Salaries of teachers shall be
allowances by the Secretary of paid in legal tender of the
Education shall, upon approval of the Philippines or its equivalent in
President of the Philippines, be binding checks or treasury warrants.
on the city, municipal or provincial Provided, however, That such checks or
government, for the purposes of treasury warrants shall be cashable in
Hours of Work and
Remuneration
Sec. 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.
Health Measure
and Injury Benefits
Hours of Work and
Treatment.
RemunerationSec.
Sec. 22. Medical Examination and
Compulsory
23. Compensation For Injuries
medical
Teachers shall be protected against the
examination shall be provided free of consequences of employment injuries in
charge for all teachers before they take accordance with existing laws. The
up teaching, and shall be repeated not effects of the physical and nervous
less than once a year during the strain on the teacher's health shall be
teacher's professional life. Where recognized as a compensable
medical examination show that medical occupational disease in accordance with
treatment and/or hospitalization is existing laws.
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
Leave and
Retirement Benefits
Leave and Retirement
Benefits
Sec. 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 Provided, further, That no compensation
one school year after seven years of shall be due the teacher after the first
service. Such leave shall be granted in year of such leave. In all cases, the
accordance with a schedule set by the study leave period shall be counted for
Department of Education. During the seniority and pension purposes The
period of such leave, the teachers shall compensation allowed for one year
be entitled to at least sixty percent study leave as herein provided shall be
of their monthly salary. Provided, subject to the condition that the teacher
however, That no teacher shall be takes the regular study load and
allowed to accumulate more than one passes at least seventy-five
year study leave, unless he needs an percent of his courses. Study leave of
additional semester to finish his thesis more than one year may be permitted
for a graduate study in education or by the Secretary of Education but
allied courses: without compensation.
Leave and Retirement
Benefits Sec. 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.

Sec. 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
THANK
YOU

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