AMENDING RA 4670

MAGNA CARTA FOR THE PUBLIC SCHOOL TEACHERS

(An Investment on the Public School Teachers)

BY

ALLAN JOSE J. VILLARANTE

Supervising Legislative Committee Researcher II
Committee on Basic Education and Culture
House of Representatives

Graduate Academic Conference

Mini Theater – Administration Building
University of Makati
Makati City

February 23, 2008

INVESTING ON THE PUBLIC SCHOOL TEACHERS

Urgency for government to invest in public school teachers

• Public school teachers are the backbones of national success

•  Without the public school teachers confronting the challenges of

illiteracy in urban poor areas, in far-flung and remote barangays,
in hazardous circumstances, there can hardly be an educated
Philippines

• Without the public school teachers taking time to teach, even

just with meager incomes, in precarious conditions, there can be
no thinkers (no planners), in government and in the private sector,
who would manage and operate institutions the way they are right
now

• Without the public school teachers’ commitment and dedication

to educate the greatest number of our people, ours would have
been yet a nation of disadvantaged, powerless and marginalized
citizenry
INVESTING ON THE PUBLIC SCHOOL TEACHERS

State of Philippine Education

- Deterioration of the quality of education is factual and real

- Migration of Filipino teachers, either to teach

abroad or to work as domestic househelps in foreign lands

- Education as a tool for emancipation – learning does

not only liberate people from the bondage of ignorance and
powerlessness, it is also a weapon towards alleviating one’s self from
the claws of poverty

- Globalization parlance: Philippines’ human

resources, the quality of which depends on the learning that are
imparted on them by teachers, need to be strengthened and prepared
to become globally competitive

- Relative economic advantage: Quality education

precedes quality citizenry. A nation which people possess a high
quality of education naturally survives in a regime of strong
competitive labor market
INVESTING ON THE PUBLIC SCHOOL TEACHERS
Issues affecting public school teachers
Constitutional grounds
1. Low salary
• right of all citizens to quality and accessible education
2. Overwork/overload
(Art. XIV, Section 1, 1987 Constitution)

3. Lack of• program for professional

right of teachers advancement
to professional advancement
(Art. XIV, Section 5(4) , 1987 Constitution)
4. Highly politicized
State to assign
a.•bata-bata systemhighest budgetary priority to
education and ensure
b. teacher that teaching
localization willmerit
versus attractand
andfitness
retain its rightful
share ofc.the best available
primary talents
victim in through
electoral fraudadequate remuneration and
other means of job satisfaction and fulfillment
(Art. XIV, Section 5(5), 1987 Constitution)
5. Exploited profession
a. Sexual harassment (Pass or “pants-off”)
b. Kapit-sa-patalim

6. Poverty-stricken profession
a. Teaching cum “entrepreneurial spirit”
b. Grades “for sale”
ISSUES AFFECTING PUBLIC SCHOOL TEACHERS

Legislative History

· June 18, 1966: Magna Carta for Public School

Teachers was enacted

· 11th Congress: Rep. Bellaflor Angara-Castillo

formally filed first proposed Magna Carta amendment

· 12th Congress: Angara-Castillo Bill was

adopted by Rep. Roseller L. Barinaga

· 13th Congress: Reps. Barinaga and Juan

Edgardo Angara filed similar legislative proposals on teachers’
scholarships and other teachers’ benefits bills

· 14th Congress: 11 Bills on teachers filed, consolidated

SALIENT FEATURES OF THE AMENDATORY LAW

-  Proposed amendment proposes a Magna Carta for Public School

Teachers in the Basic Education

Scope and coverage:

-  all persons engaged in the teaching profession at the

public elementary and secondary schools governed
and managed by DepED

-  substitute, contractual, probationary or permanent

basis

-  those engaged in pre-school education, non-

formal, informal and alternative learning systems

-  all other persons performing supervisory and/or

administrative functions including department
heads, assistant school heads, school heads,
divisions and regional supervisors
SALIENT FEATURES OF THE AMENDATORY LAW

Not covered by the proposal:

-  school nurses, school physicians, school dentists,

and other school administrative, property/supply,
financial, secretarial, human resources support
employees, including janitorial positions and the
like, in the Basic Education System

-  public school teachers/educators and professorial

staff in HEIs and SUCs

-  school teachers in private schools

SALIENT FEATURES OF THE AMENDATORY LAW

1.  Authority of school division superintendent to appoint, on temporary

status, applicants who do not meet the minimum qualifications
where there is an absence of applicants for public school teachers
Provided, that:
- unqualified teacher-applicants be required to take LET
- preference in appointments be made in order of their
respective ranks in the LET

2.  All year-round appointment and hiring of substitute or replacement

teachers
•  Prohibit, where most practicable, teacher “contractualization”
•  Where, “contractualization” is an avoidable, appropriate
guidelines be adopted to protect the interest and welfare of
teachers
SALIENT FEATURES OF THE AMENDATORY LAW

3. Appointment of public school teachers

•  Adherence to merit and fitness principle

•  Empowering local school boards to screen and recommend

applicants to any teaching position in the department of
education

Provided, that applicant possesses necessary

qualifications and standards

4. Prohibition against transfer of unqualified teacher

•  No teacher can be transferred from one position to another

in which he lacks qualification, skills and experience
SALIENT FEATURES OF THE AMENDATORY LAW
5. Expanding provisions on probationary appointments
1966 Magna Carta
-  Probationary appointment not to
exceed 1 year from date of hiring
-  Probationary public school
teacher who is allowed to work
continuously after a probationary
period should be regularized
Proposed Amendatory Law
-  Probationary appointment not to
exceed 1 year from date of hiring,
unless employment is covered by
contract where hired teacher acts
as substitute teacher where a
longer period exceeding 2 years
is specifically stipulated
-  Probationary public school
teacher who is allowed to work
continuously after a probationary
period should be regularized
-  Mandatory serving of notice of
hiring to teacher-applicant and to
officially inform him (through the
contract) of the duration of
probation and the conditions for
its satisfactory completion
SALIENT FEATURES OF THE AMENDATORY LAW
6. Defining valid cause to terminate public school teacher on
probationary appointment
By the DepED
(1) unjustified habitual absenteeism
(2) willful disobedience of DepED’s rules
or insubordination to superior’s
lawful order
(3) poor physical condition, permanent
disability or prolonged illness which
incapacitates the teacher
(4) prolonged classroom inefficiency,
poor performance despite warnings
(5) engaging in violence or other forms
of gross misconduct inside the
school premises
By the public school teacher
(1) substandard/bad working
conditions within the school
(2) repeated contract violations by
competent authority
(3) cruel or inhuman treatment by the
competent authority or any person
within the school structure;
(4) personal problems that prevent
teacher from satisfactorily
performing his job
(5) serious health problem or lingering
illness
SALIENT FEATURES OF THE AMENDATORY LAW

7. Guarantee for security of tenure

- Prohibition against terminating permanent teachers except for

just causes and only after due process

- Probationary teachers may be terminated only for just cause

or when he fails to qualify as a permanent teacher in accordance
with reasonable standards stipulated in his appointment papers
and after due process

- An unjustly dismissed public school teacher is entitled to:

1. reinstatement without loss of seniority rights

2. back wages computed from the time compensation

was withheld up to the time of actual reinstatement
SALIENT FEATURES OF THE AMENDATORY LAW

8. Mode of assignment, transfer and/or re-assignment

- Priority given to qualified residents of the barangay,

municipality, city or province where the school is located:
1. teacher-applicants must have possessed all minimum
qualifications set forth by DepED; and

2. teacher-applicants must have possessed special

qualification requirements for the position as duly posted
by the concerned office or division of DepED

- Prescriptive period for protests/objections on transfers and/or

re-assignments is 3 months upon issuance of notice of transfer
or re-assignment
SALIENT FEATURES OF THE AMENDATORY LAW

9.  Provision against diminution in rank and pay for transferred teacher
•  rank and pay of transferred and/or re-assigned teacher
cannot be decreased

•  where teacher is transferred to higher-paying post, he

should be entitled to that position’s salaries and benefits

10. Advancement and promotion

•  Subject to qualification standards, teacher is assured of
opportunities to move from one type or level of school to
another within the education service

•  Where a permanent teacher is transferred, he/she is

entitled to retain his/her permanent status
SALIENT FEATURES OF THE AMENDATORY LAW

11. Mandatory consent for transfer and/or re-assignment

1966 Magna Carta Proposed Amendatory Law
- requires consent for transfer of - mandatory consent for transfer
teacher and/or re-assignment of teacher

12. Revision of the Code of Professional Conduct and Standards

13. Prohibiting publicity of personalities of teachers

1966 Magna Carta Proposed Amendatory Law

- prohibits publicity of teachers -  prohibits publicity of teachers
being probed during pendency being probed during pendency of
of case case

-  but allows publication of specific

cases to stop possible
perpetuation of crime or
misdeamor
SALIENT FEATURES OF THE AMENDATORY LAW
14. Prohibiting discriminatory acts
1966 Magna Carta
- prohibits but did not define
specific discriminatory acts
Proposed Amendatory Law
-  prohibits and defines specific
discriminatory acts vs teacher’s
civil or economic status,
gender, religious belief, political
as well as sexual orientation in
job application procedures,
hiring, promotion, or discharge
of employees, employee
compensation, job training, and
other terms, conditions,
privileges, benefits, fringe
benefits, incentives or
allowances due him
-  identifies schemes of
discriminations common
among teachers
SALIENT FEATURES OF THE AMENDATORY LAW

15. Reaffirming and expanding safeguards in disciplinary procedure

•  Guaranteed for equitable safeguards in any disciplinary

procedure, including the right to:

1. be informed, in writing, of the charges

2. full access to the evidence in the case

3. defend oneself, be defended by a legal representative

of his choice, and be afforded adequate time for the preparation
of his defense; and

4. appeal to clearly designated authorities

SALIENT FEATURES OF THE AMENDATORY LAW
16. Reiterating DepED policy to assign married couple - public school
teachers in same locality

17. Reiterating Academic Freedom guaranteed in RA 4670

18. Reiterating the grant of cost-of-living-allowance (COLA)

19. Reiterating the grant of indefinite leaves

20. Work Hours and Remunerations

1966 Magna Carta
- teacher to engage in actual
classroom instruction of not
more than 6 hours per day
Proposed Amendatory Law
- teacher has choice, to do lesson plan
preparations, test paper checking,
and other work incidental to the
normal teaching duties, at home or
in school, after 6 hours

- additional compensation of 25% of

monthly basic pay when he renders
more than 6 hours but not more
than 8 hours of actual classroom
teaching
SALIENT FEATURES OF THE AMENDATORY LAW

20. Work Hours and Remunerations

1966 Magna Carta Proposed Amendatory Law

-  Safety clause to avoid abuse:
such actual services must be
official and as authorized by
DepED

-  Reduction of teaching load where

the teacher is concurrently
engaged in research, creative
writing, or other productive
scholarship, or is assigned to
perform administrative functions
but the total working hours spent
on both teaching and
administrative or other duties
should not go beyond 15 hours
per week
SALIENT FEATURES OF THE AMENDATORY LAW
21. Grant of overtime pay
1966 Magna Carta
- Teacher who is permitted or
required to work beyond 8
hours on ordinary working
days to receive additional
compensation equal to his
regular wage plus at least 25%
of his wage
Proposed Amendatory Law
-  Teacher who is permitted or
required to work beyond 8 hours
on ordinary working days to
receive additional compensation
equal to his regular wage plus at
least 25% of his wage
-  25% (of monthly basic pay)
additional compensation for co-
curricula and out-of-school
activities and any other activities
outside of what is defined as
normal duties of a teacher after
completion of at least 6 hours of
actual classroom teaching a day
SALIENT FEATURES OF THE AMENDATORY LAW

22. Salary upgrading

•  Teacher’s present salary grade level will be upgraded to start at

P 20,000.00 a month

Provided, that:

a) upgrading be based on teacher’s qualifications and

length of service

b) upgrading not to prejudice or be prejudiced by

across the board salary adjustments

c) merit promotion based on performance evaluation

results will treated as separate and distinct from the
upgraded salary provided for under the Magna Carta
SALIENT FEATURES OF THE AMENDATORY LAW

23. Other Special Incentives and Allowances

A. Incentives for assignment to another province

- P 3,000.00 additional monthly incentive for teacher

assigned to school located in another province other than
the province of residence

Provided, that the new assignment is located

within DepED’s regional office where his plantilla position
belong

B. Travel incentive allowance

- P 2,500.00 additional monthly allowance for teacher

assigned to school located in another municipality, city
and/or province other than in the municipality, city and/or
province of residence
SALIENT FEATURES OF THE AMENDATORY LAW

Provided, that:
- the new assignment is located within the DepED’s
regional office where his plantilla position belongs
- such transfer is officially approved by proper
authority and such authority is final and executory

C. Difficulty differential
- 10% of basic salary in addition to travel incentive allowance
- Considerations in granting difficulty differential:
1. Mode of access and distance
2. Absence of electricity
3. Absence of running water/waterworks system
4. Absence of primary health care facility
SALIENT FEATURES OF THE AMENDATORY LAW

24. Safety Provision to avoid abuse in grant of allowances

- Applicability of travel incentive allowance and difficulty
differential
- Applicable only for those officially transferred and/or
re-assigned per DepED lawful orders and directives

- payment for travel incentive allowance and difficulty

differential will be stopped if teacher is eventually
transferred back to his own municipality

25. Longevity pay

- Grant of 10% of monthly basic pay for each 5 years of

continuous, efficient and meritorious service
SALIENT FEATURES OF THE AMENDATORY LAW
26. Expanded Special Hardship Allowances
1966 Magna Carta
- Grant of additional allowance
equivalent to 25% of the teacher’s
monthly salary if exposed to
hardship, peril or other hazards
peculiar to the place of
employment
Proposed Amendatory Law
-  Grant of additional allowance
equivalent to 25% of the
teacher’s monthly salary if
exposed to hardship, peril or
other hazards peculiar to the
place of employment
-  Whether such exposure is of a
permanent and recurrent nature
or otherwise, including but not
limited to exposure to difficulties,
risks or dangers due to the
inaccessability or distant
location of the place of work, or
arising from natural calamities or
effects thereof, or caused by
hostilities between and among
armed elements
 SALIENT FEATURES OF THE AMENDATORY LAW

27. Expanded medical examination and treatment services

1966 Magna Carta Proposed Amendatory Law

-  Provided only for mandatory once
a year medical examination
-  Medical examinations to be
undertaken by the government-
sanctioned health insurance
provider
-  Requires a compulsory medical
examination every 6 months of
the teacher’s professional life
-  Medical examinations to be
undertaken by the government-
sanctioned health insurance
provider

-  Health insurance provider to

reimburse actual expenses
incurred by teacher from private
medical facility

- Qualified dependents of teachers

can avail of benefits while
teacher is in active service
SALIENT FEATURES OF THE AMENDATORY LAW

28. Expanded Compensation for Injuries

- monthly pension entitlement of at least P 500.00 for

teacher and legal dependents for permanent partial
disability due to work-related sickness or injury if
teacher is in service for 5 years

- monthly pension entitlement of at least P 800.00 for

teacher and legal dependents for permanent total
disability due to work-related sickness or injury if
teacher is in service for 5 years
SALIENT FEATURES OF THE AMENDATORY LAW

29. Provision on income extenders

• Benefits –

• children attending SUCs and government-run HEIs will

be exempt from paying tuition and matriculation fees

• 25% discount for every kilo of rice/corn bought directly

from NFA or its authorized market outlets

• 3% lowered GSIS loan interest rates in any loan

• teachers with children in private schools are priority in

the Study Now, Pay Later Program and other educational
loans
SALIENT FEATURES OF THE AMENDATORY LAW

30. Institutionalizing a system of incentives and rewards

• DepED to constitute an Awards Committee for Outstanding

Public School Teachers and establish a system of incentives
and rewards to recognize public school teachers’
outstanding and meritorious services

• Grounds of awards and incentives conferment:

1) years of service
2) quality and consistency of performance
3) the unique and exemplary quality of teacher’s certain
achievement, and
4) other personal circumstances that may impact the
delivery of education
SALIENT FEATURES OF THE AMENDATORY LAW

31. Extended educational benefits for legal dependents

• 2 legal dependents to be granted scholarship at SUCs/HEIs

to pursue any bachelor’s degree

• Provided, That:
• children-beneficiaries meet the academic
requirements for admission at the desired SUC/HEIs
• continuity of educational benefits is subject to the
academic standards set by DepED

32. Exemption from taxation

• teachers’ salaries (with regular, temporary or probationary

appointments) will be tax exempt for the first three years of
service
SALIENT FEATURES OF THE AMENDATORY LAW
33. Leave and Retirement Benefits
• Strengthening Study Leave Programs
1966 Magna Carta
- 1 school year SL only after 7 years
of service
- to receive at least 60% of monthly
salary during SL period
- limited only to 1 year
- SL of more than 1 year may be
permitted but without
compensation
Proposed Amendatory Law
- 1 school year SL after every 3 years of
service
- full monthly salary and appropriate
allowances during SL period
- 1 year SL flexible to 2 semesters
maximum to finish regular masteral/
doctoral program
-  to receive 75% of monthly salary and
appropriate allowances during
extended SL
- After SL grants, teacher to render 3
years government service for every
year of SL
SALIENT FEATURES OF THE AMENDATORY LAW

34. Reiterating Salary Increase upon Retirement

35. Reiterating Teachers’ to freedom and right to organize

1966 Magna Carta
- right to freely establish and to join
organizations of their choosing
and without previous
authorization
Proposed Amendatory Law
- right to freely establish and to join
organizations of their choosing and
without previous authorization
- freedom and right to form cooperatives

36. Exempting public school teachers from mandatory election duties

37. Budgetary requirements to be provided by the DBM

SUMMARY/CONCLUSIONS

• Consolidation of bills is not yet victory for teachers

• Long way to go to achieve success in this struggle
• Hindrances on the way to block teachers’ gains
• congressional priorities (investigations, etc.)
• Malacanang pre-occupations (political instability due to anomalies)
• political turmoil
• less priority in budget allocation

• Call for action and vigilance

• Not enough just to seat back, relax and wait for enactment
• Participation and active involvement is necessary
• Know the nitty-gritty of legislative process and contribute in reforms-
making (this is another interesting subject of matter of lecture)
Salamat po