Republic Act 7836 Professional Board For Teachers

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REPUBLIC ACT NO.

7836
AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF
TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR
TEACHERS AND FOR OTHER PURPOSES

ARTICLE I
TITLE

SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."

SECTION 2. Statement of Policy. — The State recognizes the vital role of teachers in
nation-building and development through a responsible and literate citizenry. Towards
this end, the State shall ensure and promote quality education by proper supervision and
regulation of the licensure examination and professionalization of the practice of the
teaching profession.

SECTION 3. Objectives. — This Act has the herein objectives:

(a) The promotion, development and professionalization of teachers and the teaching
profession; and

(b) The supervision and regulation of the licensure examination.

SECTION 4. Definition of Terms. — For purposes of this Act, the following terms shall
mean:

(a) "Teaching" — refers to the profession concerned primarily with classroom


instruction, at the elementary and secondary levels in accordance with the curriculum
prescribed by the Department of Education, Culture and Sports, whether on part-time or
full-time basis in the private or public schools.

(b) "Teachers" — refers to all persons engaged in teaching at the elementary and
secondary levels, whether on full-time or part-time basis, including industrial arts or
vocational teachers and all other persons performing supervisory and/or administrative
functions in all schools in the aforesaid levels and qualified to practice teaching under this
Act.

(c) "Board" — refers to the Board for Professional Teachers duly established and
constituted under this Act.

(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II
BOARD FOR PROFESSIONAL TEACHERS

SECTION 5. Creation and Composition of the Board. — There is hereby created under this
Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under
the general supervision and administrative control of the Professional Regulation
Commission, hereinafter referred to as the Commission, composed of five (5) members
who shall be appointed by the President of the Philippines from among the recommendees
chosen by the Commission. The recommendees shall be chosen from the list of nominees
selected by the accredited association of teachers, who duly possess all the qualifications
prescribed in Section 8 of this Act.
The chairman and the voice-chairman of the Board shall be appointed from these five (5)
members by the President: provided, that the members of the first Board appointed under
this Act shall be automatically registered as professional teachers and issued with the
certificate of registration and professional license upon payment of the fees for
examination, registration, and other fees prescribed by the Commission.

SECTION 6. Duties and Function of the Board. — The Board shall have the following
duties and functions:

(a) Promulgate, administer and enforce rules and regulations necessary for carrying out
the provisions of this Act in accordance with the charter of the Professional Regulation
Commission;

(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use
buildings and facilities of public or private schools for examination purposes;

(c) Issue, suspend, or revoke the certificate of registration for the practice of the teaching
profession;

(d) Prescribe and collect examination and other fees as it may deem proper;

(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of
the teaching profession. Such ethical standards, rules and regulations to take effect sixty
(60) days after its publication in the Official Gazette or in any newspaper of general
circulation;

(f) Administer oaths in connection with the administration of this Act;

(g) Supervise and regulate the registration, licensure and practice of professional
teachers in the Philippines;

(h) Adopt an official seal of the Board;

(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the enhancement
and maintenance of high professional and ethical standards of the profession;

(j) Ensure that all educational institutions offering elementary and secondary education
comply with the essential requirements for curricula, faculty and facilities for the
elementary and secondary levels;

(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge of the
Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection therewith; and

(l) Discharge such other powers, duties and functions as the Board may deem necessary
for the practice of the teaching profession and the upgrading, enhancement, development
and growth of education in the Philippines.
SECTION 7. Term of Office. — The members of the Board shall hold office for a term of
three (3) years from the date they assume office: provided, that the first appointees to the
Board under this Act shall hold office according to the following terms: one (1) member
shall serve for one (1) year; one (1) member for two (2) years; the chairman, vice-
chairman, and one (1) member for three (3) years. Vacancies shall be served for the
unexpired term only. No person who has served for two (2) consecutive terms shall be
eligible for reappointment. Appointment to fill an unexpired term shall be considered an
appointment to a complete term.

The chairman or any member shall take his oath of office prior to the performance of his
duties.

SECTION 8. Qualification of Board Members. — Each Board member must at the time of
his appointment:

(a) Be a citizen and resident of the Philippines;

(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been convicted of
any offense involving moral turpitude;

(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents,
from a university, school, college, academy or institute duly constituted, recognized and/or
accredited by the Philippine government;

(d) Be a professional teacher with a valid certificate of registration and valid professional
license, save those members who shall compose the first Board for Professional Teachers;

(e) Has been a professional teacher in the active practice of the teaching profession for at
least ten (10) years in the elementary and secondary level; and

(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education or its
equivalents for at least three (3) years prior to his appointment, and neither connected
with a review center or with any group or association where review classes or lectures in
preparation for the licensure examination are offered or conducted.

Provided, however, that, the membership to the Board shall be evenly distributed to cover
all levels of education, including equitable representation of the different fields of
specialization.

SECTION 9. Compensation of the Board. — The chairman, vice-chairman, and members of


the Board shall receive compensation comparable to the compensation received by existing
regulatory boards under the Professional Regulation Commission, computed on the basis of
the number of examinees/candidates.

SECTION 10. Supervision of the Board and Custodian of its Records. — The Board shall be
under the supervision and control of the Commission. All records, including applications
for examination, examination papers and results, minutes of deliberation, administrative
cases and investigative cases and investigations involving professional teachers shall be
kept by the Commission.

SECTION 11. Secretariat and Support Services. — The Professional Regulation


Commission, through its chairman, shall provide the secretariat and other support services
to implement effectively the provisions of this Act.
SECTION 12. Removal of a Board Member. — The chairman or any member of the Board
may be removed by the President of the Philippines upon recommendation of the
Commission for neglect of duty, incompetence, unprofessional, unethical, immoral or
dishonorable conduct, commission or toleration of irregularities in the examination, after
having been given the opportunity to defend himself in a proper administrative
investigation.

In the course of investigation, the President may preventively suspend the respondent.

ARTICLE III
EXAMINATION AND REGISTRATION

SECTION 13. Examination, Registration and License Required. — Except as otherwise


specifically allowed under the provisions of this Act, all applicants for registration as
professional teachers shall be required to undergo a written examination which shall be
given at least once a year in such places and dates as the Board may determine upon
approval by the Commission. A valid certificate of registration and a valid professional
license from the Commission are required before any person is allowed to practice as a
professional teacher in the Philippines, except as otherwise allowed under this Act.

SECTION 14. Scope of Examination. — The examinations for the elementary and
secondary school teachers shall be separate. The examination for teachers in the
elementary level shall consist of two (2) parts, namely: professional education and general
education. The examination for teachers in the secondary level shall consist of three (3)
parts, namely: professional education, general education, and field of specialization.

SECTION 15. Qualification Requirements of Applicants. — No applicant shall be admitted


to take the examination unless, on the date of filing of the application, he shall have
complied with the following requirements:

(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession;

(b) At least eighteen (18) years of age;

(c) In good health and of good reputation with high moral values;

(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;

(e) A graduate of a school, college or university recognized by the government and


possesses the minimum educational qualifications, as follows:

(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED)
or its equivalent;

(2) For teachers in the elementary grades, a bachelor's degree in elementary education
(BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in education or its
equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least
ten (10) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor's degree in the
field of specialization or its equivalent, with at least eighteen (18) units in professional
education.
SECTION 16. Report of the Results of the Examination. — The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate action.

SECTION 17. Issuance of Certificate of Registration and Professional License. — The


registration of a professional teacher commences from the date his name is enrolled in the
roster of professional teachers.

Every registrant who has satisfactorily met all the requirements specified in this Act shall,
upon payment of the registration fee, be issued a certificate of registration as a professional
teacher bearing the full name of the registrant with serial number and date of issuance
signed by the chairman of the Commission and the chairman, vice-chairman, and members
of the Board, stamped with the official seal, as evidence that the person named therein is
entitled to practice the profession with all the rights and privileges appurtenant thereto.
The certificate shall remain in full force and effect until withdrawn, suspended and/or
revoked in accordance with law.

A professional license signed by the chairman of the Commission and bearing the
registration number and date of issuance thereof and the month of expiry or renewability
shall likewise be issued to every registrant who has paid the annual registration fees for
three (3) consecutive years. This license shall serve as evidence that the licensee can
lawfully practice his profession until the expiration of its validity.

SECTION 18. Oath Before Practice. — Every registrant shall be required to take his
professional oath before practicing as a professional teacher.

SECTION 19. Periodic Merit Examination of Teachers. — To encourage continuing


professional growth and development and to provide additional basis for merit promotion,
in addition to their performance rating, teachers may take an oral and written examination
at least once in five (5) years as basis for merit promotion. In taking this examination, no
fee shall be required.

SECTION 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time. Should
he or she fail to pass the merit examination for the second time, then he or she shall be
required to take a DECS accredited refresher course or program before being allowed to
retake the examination.

Failure of any permanent teacher to pass the merit examination shall not, however, be used
as a ground for his/her dismissal or demotion.

SECTION 21. Incentives. — Teachers who pass the merit examination shall:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or grade
level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

Similar incentives shall be given to teachers who make inventions, develop new methods of
teaching, write a book or books and create works of artistic merit.
SECTION 22. Integration of the Teaching Profession. — The teaching profession shall be
integrated into one national organization which shall be recognized by the Board and the
Commission as the one and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional teacher shall be encouraged
to become a member of the integrated national organization. Those who have been
registered with the Board but are not members of the said integrated organization shall be
allowed to register as members of the said integrated organization within three (3) years
after the effectivity of this Act. Membership in the integrated organization shall not be a bar
to membership in other associations of the teaching profession. The professional teachers
shall receive the benefits and privileges appurtenant to their membership in the said
integrated and accredited organization of professional teachers only upon payment of the
required membership fees and dues.

SECTION 23. Revocation of the Certificate of Registration, Suspension from the Practice of
the Teaching Profession, and Cancellation of Temporary or Special Permit. — The Board
shall have the power, after due notice and hearing, to suspend or revoke the certificate of
registration of any registrant, to reprimand or to cancel the temporary/special permit of a
holder thereof who is exempt from registration, for any of the following causes:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct;

(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;

(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice
of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of


registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;

(g) Violation of any of the provisions of this Act, the rules and regulations and other
policies of the Board and the Commission, and the code of ethical and professional
standards for professional teachers; and

(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like
or the continuing education program prescribed by the Board and the Commission.

The decision of the Board to revoke or suspend a certificate may be appealed to the
regional trial court of the place where the Board holds office within fifteen (15) days from
receipt of the said decision or of the denial of the motion for reconsideration filed in due
time.

SECTION 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be


admitted to the examination, or be given a certificate of registration or be entitled to any of
the rights and privileges provided under this Act; unless the country or state of which he is
a subject permits Filipino professional teachers to practice within its territorial limits on
the same basis as subjects or citizens of said country or state: provided, that the
requirements of certification of teachers with said foreign state or country are substantially
the same as those required and contemplated under this Act: provided, further, that the
laws of such state or country grant the same privilege to Filipino professional teachers on
the same basis as the subject or citizens of such foreign country or state.
SECTION 25. Roster of Professional Teachers. — A roster of professional teachers
containing the names and addresses of professional teachers, date of registration or
issuance of certificate, and other data which in the opinion of the Board may appear
pertinent shall be maintained. Copies of the roster shall be provided by the Commission to
the Board, the Department of Education, Culture and Sports, and the integrated and
accredited organization of professional teachers.

SECTION 26. Registration and Exception. — Two (2) years after the effectivity of this Act,
no person shall engage in teaching and/or act as a professional teacher as defined in this
Act, whether in the preschool, elementary or secondary level, unless he is a duly registered
professional teacher, and a holder of a valid certificate of registration and a valid
professional license or a holder of a valid special/temporary permit.

Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the approval
of this Act, is:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service


Commission and the Department of Education, Culture and Sports; or

(b) A registered professional teacher with the National Board for Teachers under the
Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No.
1006; or

(c) Not qualified under paragraphs one and two but with any of the following
qualifications. To wit:

(1) An elementary or secondary teacher for five (5) years in good standing and a holder of
Bachelor of Science in Education or its equivalent; or

(2) An elementary or secondary teacher for three (3) years in good standing and a holder
of a master's degree in education or its equivalent.

Provided, that they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of professional
teachers: provided, further, that those incumbent teachers who are not qualified to register
without examination under this Act or who, albeit qualified, were unable to register within
the two-year period shall be issued a five-year temporary or special permit from the time
the Board is organized within which to register after passing the examination and
complying with the requirements provided this Act and be included in the roster of
professional teachers: provided, furthermore, that those who have failed the licensure
examination for professional teachers shall be eligible as para-teachers and as such, shall
be issued by the Board a special or temporary permit, and shall be assigned by the
Department of Education, Culture and Sports (DECS) to schools as it may determine under
the circumstances.

ARTICLE IV
PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION

SECTION 27. Inhibition Against the Practice of the Teaching Profession. — Except as
otherwise allowed under this Act, no person shall practice or offer to practice the teaching
profession in the Philippines or be appointed as teacher to any position calling for a
teaching position without having previously obtained a valid certificate of registration and
a valid professional license from the Commission.
SECTION 28. Penal Provisions. — The following shall be punishable by a fine of not less
than Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00)
or imprisonment of nor less than six (6) months nor more than five (5) years, or both, at
the discretion of the court:

(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;

(b) Any person who represents or attempts to use as his own certificate of registration
that of another;

(c) Any person who gives any false or fraudulent evidence of any kind to the Board or any
member thereof in obtaining a certificate of registration as teacher;

(d) Any person who impersonates any registrant of the same or different name;

(e) Any person who uses a revoked or suspended certificate of registration;

(f) Any person who, in connection with his name, otherwise assumes, uses or advertises
any title or description tending to convey or conveys the impression that he is a teacher
without holding a valid certificate; and

(g) Any person who violates or who abets the violation of any of the provisions of this Act.

The penalty of fine or imprisonment or both, as provided in this section, shall also apply to
any school official who shall cause or be responsible for the commission of any of the
above-enumerated acts.

SECTION 29. Appropriations. — Such sums as may be necessary to carry out the
provisions of this Act shall be included in the 1996 General Appropriations Act and
thereafter.

SECTION 30. Implementing Guidelines. — The Board shall formulate and adopt the
necessary guidelines for the effective implementation of the provisions of this Act within
sixty (60) days of its approval.

The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.

Any violation of this section shall render the official/s concerned liable under Republic Act
No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees" and other pertinent administrative and/or penal laws.

SECTION 31. Transitory Provision. — All incumbent teachers in both the public and
private sector not otherwise certified as professional teachers by virtue of this Act, shall be
given (5) years temporary certificates from the time the Board for Professional Teachers is
organized within which to qualify as required by this Act and be included in the roster of
professionals.

Provided, however, that the Professional Board Examination for Teachers (PBET) shall still
be administered by the Civil Service Commission and the Department of Education, Culture
and Sports for the year 1995.
SECTION 32. Separability Clause. — If, for any reason, any section or provision of this Act
or the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.

SECTION 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules
and regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days
following its complete publication in the Official Gazette or in two (2) newspapers of
general circulation.

Approved: December 16, 1994

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