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ED 201 Module (Unit 6)

This document introduces laws related to teachers in the Philippines, including the Magna Carta for Public School Teachers (RA 4670), Presidential Decree 1006, and Republic Acts 7836 and 9293. RA 4670 aims to improve teachers' professional rights, living/working conditions, employment, and career prospects. It protects teachers' tenure, academic freedom, and benefits. PD 1006 provides for teacher professionalization and regulation. RAs 7836 and 9293 comprise the Philippine Teachers Professionalization Act of 1994 and amendments to that act.
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0% found this document useful (0 votes)
92 views42 pages

ED 201 Module (Unit 6)

This document introduces laws related to teachers in the Philippines, including the Magna Carta for Public School Teachers (RA 4670), Presidential Decree 1006, and Republic Acts 7836 and 9293. RA 4670 aims to improve teachers' professional rights, living/working conditions, employment, and career prospects. It protects teachers' tenure, academic freedom, and benefits. PD 1006 provides for teacher professionalization and regulation. RAs 7836 and 9293 comprise the Philippine Teachers Professionalization Act of 1994 and amendments to that act.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1

Unit 6: Basic and Teacher-Related Laws

Dr. Virgie P. Tan & Ms. Apple De la Cruz

Introduction:

This unit introduces you to the basic and teacher-related laws that will make you
aware of your rights, privileges, and benefits as a professional teacher. This part of the
module consists three lessons—The Magna Carta for Public School Teachers & other
Teacher-related laws.

Lesson 1 is about RA 4670 or Magna Carta for Public School Teachers. It aims at
providing professional rights to safeguard the public school teachers in consideration of
the exigency and hazards in the exercise of their profession as well as improving the
social and economic status of public school teachers in basic education, their living and

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working conditions, employment, and career prospects. Moreover, the Magna Carta for
Public School Teachers protects the rights and privileges of teachers --their tenure of
office, academic freedom and other benefits.

Lesson 2 includes the basic teacher-related laws- Presidential Decree 1006 (PD
1006), providing for the professionalization of teachers, regulating their practice in the
Philippines and for other purposes.

Lesson 3 comprises Republic Act 7836 (RA 7836) the Philippine Teachers
Professionalization Act of 1994 and Republic Act 9293 (RA 9293), an act amending
certain sections of Republic Act 7836 (RA. 7836), otherwise known as the ―Philippine
Teachers Professionalization Act Of 1994.

How Much Do You Know

Do you Agree or Disagree to the following statements? Justify your answer on


the space provided.

1. As teachers are professionals and hired as the right people to the right position, it
follows that in exercising professionalism in teaching, they need to know the standards,
what they need to teach, and how to teach in the most effective ways.

2. These are the following criteria with respective points used in the evaluation and
selection procedure in the hiring of Teacher 1. Education 20%, Teaching Experience
15%, LET/PBET Rating 15%, Specialized Training Skills 10%, Interview 10%,
Demonstration Teaching 15%, and Communication Skills 15%.

3. During disciplinary procedures, teachers are not entitled to due process and must not
be given a written notice, a time to access evidence, to make a defense, a time for
preparation and appeal.

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Lesson 1: Magna Carta for Public School Teachers

Learning Outcomes

1. Identified the rights and privileges of a teacher as stated in the Magna Carta for
public school teachers; and
2. Discussed the provisions stipulated in the Magna Carta for Public School teachers
that apply to the teaching profession.

SPARKING

Direction: Watch the video of this case athttps://youtu.be/DDtsnaS78z0,


https://youtu.be/90udrCk8dz4, https://youtu.be/VyDhiRpgyho and answer the following
questions:

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PROBING

 What is the video about?


 What do you think are the rights of the teacher being violated in the
situation?
 If you were in the case of the teacher, what will you do?
 What teacher-related law can protect the teacher in this case?

DEEPENING

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
favourably 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
counsellors, school librarians, industrial arts or vocational instructors, and all other

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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.

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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 therefore. 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

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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.

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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-curricular 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.

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The agencies utilizing the services of teachers shall pay the additional
compensation required under this section. 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 favourably 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

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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

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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.

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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.

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Section 32. Penal Provision

A person who shall wilfully 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.

APPLYING

Group Activity

Directions: Pretend that you are a team that campaigns for senior high school
graduates to enrol in teacher education. Prepare a presentation (PPT for online; word
file for offline) presuming to be delivered before the grade 12 students graduating at the
end of the year. Make sure that your presentation gives a highly favourable picture of
the teaching profession that will surely convince the students. The details on your
presentation include the following:

What and why of teaching profession


ights, benefits and privileges of teachers

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References

 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2015). The teaching
profession.
 3rd Ed. Metro Manila: Lorimar Publishing House, Inc.
 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2018). The teaching
profession.
 4th Ed. Metro Manila: Lorimar Publishing House, Inc.
 Teacher Induction Program. (nd). Retrieved from
http://depeddavnor.ph/resources/TIP/Teacher-Induction-Program_Module-1-
V1.0-1.pdf
 Habla, R.V. (2016. January 28) Situational Cases, Questions and Application
anout the Magna Carta for Teachers. Retrieved from
https://upousite.wordpress.com/2016/01/28/situational-cases-question-and-
answer-about-the-of-magna-carta-for-teachers-2/

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Lesson 2: Presidential Decree 1006

Learning Outcomes

1. Discussed how teaching was professionalized;

2. Cited at least five (5) advantages and disadvantages of having the teacher’s license;

3. Explained why is there a need for a teacher to have a teacher’s license.

You Know?
How Much Do You Know

Directions: Answer the questions briefly.

 Can teachers in as early as 1977 teach without a teacher’s license?


 With the PD 1006 on its existence, why was RA 7836 created?
 How did the amendments in RA 9293 support the teaching profession?

SPARKING

Direction: Make a graphic organizer showing the advantages and disadvantages of


having the teacher’s license. You may cite specific examples as the case requires.

Note: Criteria for grading:

Content : 50%

Organization of Ideas : 25%

Creativity : 25%
100%

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PROBING

 Why is it important to have a license in your chosen profession? Cite at least


three (3) reasons/justifications.

DEEPENING

Presidential Decree (PD) 1006 is a policy declared by late Pres. Ferdinand


Marcos, wherein the teacher education shall be given primary concern and attention by
the government and shall be of the highest quality. In this policy the teacher education
shall undergo examination. Together with the Civil Service Commission and the
Department of Education and culture jointly gave examination for teachers. When the
examinees pass the teachers examination they will be qualified for registration as
professional teachers and where given the Professional Teacher Certificate. The PD 1006
made a teachers’ license a requirement for teaching. After three years of effectivity of
this decree a teacher without license shall not engage in teaching, whether in the public
or private elementary or secondary school.

The proclamation of PD 1006 was premised on the following:

1. ‘the institutions of the country have relied upon… teachers whose direct and

continuing interaction with the young people and the children make them
potent forces for the development of proper attitudes among the citizenry;

2. the tremendous growth of the teaching population, comprising in the civil


service sector alone more than 300,000 teachers deployed all over the country;

3. to insure that in the immediacy and urgency of teacher recruitment, qualitative


requirements are not overlooked, it has become necessary to regulate the teaching
profession;

4. teaching requires a number of years of collective study, it is the only course


that it is not yet considered a profession; and

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5. in recognition of the vital role of teachers in nation-building and as an


incentive to raise the morale of teacher, it is imperative that they be considered as
professionals and teaching be recognized as a profession’ (PD 1006 in Bilbao, Corpuz,
Llagas & Salandanan 2012)

PRESIDENTIAL DECREE NO 1006

PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING


THEIR PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES

WHEREAS, the Constitution provides that “All educational institutions shall be


under the supervision of; and subject to regulation by, the State”, and requires that “the
State shall establish and maintain a complete, adequate and integrated system of
education relevant to the goals of national development”;

WHEREAS, in the pursuit on these objectives, the Department of Education and


Culture has adopted ways and means of overseeing all the educational institutions in the
country;

WHEREAS, this supervisory function of the DEC has been primarily beamed
towards insuring that the educational institutions inculcate in the studentry love of the
country, teach the duties of citizenship, and develop moral character, personal discipline,
and scientific, technological and vocational efficiency;

WHEREAS, to implement these objectives, the institutions have relied upon their
teachers whose direct and continuing interaction with the young people and the children
make them potent forces for the development of proper attitudes among the citizenry;

WHEREAS, this accounts for the tremendous growth of the teaching population,
comprising in the civil service sector alone more than 300,000 teachers deployed all over
the country;

WHEREAS, to insure that in the immediacy and urgency of teacher recruitment


qualitative requirements are not overlooked, it has become necessary to regulate the
teaching profession;

WHEREAS, although teaching requires a number of years of collegiate study, it


is the only course that it is not yet considered a profession;

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WHEREAS, in recognition of the vital role of teachers in nation-building and as


an incentive to raise the morale of teachers, it is imperative that they be considered as
professionals and teaching be recognized as a profession.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


virtue of the powers vested in me by the Constitution, do hereby decree and order:

Section 1. Title. This Decree shall be known as the Decree Professionalizing


Teaching.

Section 2. Declaration of Policy

It is hereby declared a policy that teacher education shall be given primary


concern and attention by the government and shall be of the highest quality, and
strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino
people even as it seeks enrichment from adoptable ideas and practices of other people.

Section 3. Definition of Terms.

As used in this Decree, the following shall be construed as follows:

(a) Teaching refers to the profession primarily concerned with the classroom
instruction, at the elementary and secondary levels, in accordance with the
curriculum prescribed by National Board of Education, whether on part-time or
full-time basis in the public or private schools.

(b) Teachers refer to all persons engaged in teaching at the elementary and
secondary levels, whether on a full-time or part-time basis, including guidance
counselors, school librarians, industrial arts or vocational teachers and all other persons
performing supervisory and/or administrative functions in all schools in the aforesaid
levels and legally qualified to practice teaching under this Decree.

(c) Board refers to the National Board for Teachers duly constituted under this
Decree.

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Section 4. Creation of the National Board for Teachers

There is hereby created a National Board for Teachers, hereinafter called the
Board, to be composed of the following:

1) Secretary of Education and Culture


Co-Chairman
2) Chairman, Civil Service Commission

3) Commissioner, Professional Regulations Commission

Member
4) Two members representing the private sector to be
appointed by the President

Section 5. Powers and Duties

The Board shall have the following powers and duties:

(a) Appoint a set of examiners for every examination who will determine and
prepare the contents of the Board examination for teachers, hereinafter referred to as
examination, in the elementary and secondary levels of instruction, to be held at least
once a year;

(b) Determine and fix the places and dates of examination, appoint supervisors
and room examiners from among the employees of the Government who shall be
entitled to a daily allowance to be fixed by the Board for every examination day actually
attended, use the buildings and facilities of public and private schools for examination
purposes, approve applications to take examination, and approve the release of
examination results;

(c) Look from time to time into the conditions affecting the practice of the
teaching profession, adopt such measures as may be deemed proper for the
enhancement of said profession, and/or maintenance of the professional standards and
ethics;

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(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate,


and administer oaths;

(e) Appoint, subject to the provisions of existing laws, such officials and
employees as are necessary in the effective performance of its functions and
responsibilities, prescribe their duties and fix their compensation;

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

(g) Promulgate rules and regulations, and exercise such other powers, functions
and duties as may be necessary to carry into effect the purposes of this Decree.

Section 6. Qualification Requirements for Examination 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) Except those who have been engaged in teaching as herein defined for at
least five years in schools in the Philippines not organized exclusively for nationals of a
foreign country at the time of the effectivity of this Decree, the applicant must be a
citizen of the Philippines;

(b) That he is of good moral character;

(c) That he is free from any physical and/or mental defect which will incapacitate
him to render efficient service; and

(d) That he possesses the following minimum educational qualifications:

1) For teachers in the kindergarten and elementary grades, Bachelor’s


degree in Elementary Education (BSEd.) or its equivalent;

2) For teachers of the secondary schools, Bachelor’s degree in Education


or its equivalent with a major and minor, or a Bachelor’s degree in Arts or
Sciences with at least eighteen units in professional education; and

3) For teachers of secondary vocational and two-year technical courses,

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Bachelor’s degree in the field of specialization with at least eighteen units


in professional education.

All applications shall be filed with an office or offices designated by the Board,
preferably the offices of the Civil Service Commission and the Department of Education
and Culture.

These offices shall screen and approve such applications and issue the
corresponding permits to take the examination to qualify applicants.

Section 7. Appointment of Examiners

The Board shall appoint a set of examiners for every examination who are
recognized authority in teacher education, and their names shall not be disclosed until
after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined
by the Board but in no case shall each examiner receive more than P18,000 per
examination. Any examiner who is in the service of the Government shall receive the
compensation herein provided in addition to his salary.

Section 8. Scope of the Examination

The examination shall consist of written tests, the scope of which shall be
determined by the Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.

Section 9. Ratings in the Examination

In order that a candidate may be deemed to have successfully passed the


examinations, he must have obtained a general average of at least 70 per cent in all
subjects, with no rating below 50 per cent in any subject.

Section 10. Report of the results of examination

The examiners shall report the ratings obtained by each candidate to the Board
within 150 days after the last day of the examination, unless extended by the latter.

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Section 11. Issuance of Certificates

Teachers who have passed examinations given by the Civil Service Commission
or jointly by the Civil Service Commission and the Department of Education and Culture
shall be considered as having passed the board examinations for teachers. The Board
may consider their certificates of rating as certificates of eligibility or issue an entirely
new certificate upon registration of the teacher and payment of the corresponding fees.

This provision shall likewise apply to those teachers who have permanent
appointment under the Magna Carta For Public School Teachers and all others who may
be qualified for registration as professional teachers under this Decree.

Section 12. Registration

The Civil Service Commission shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration shall evidence that the registrant is
entitled to all the rights and privileges of a Professional Teacher until and unless the
certificate is suspended or cancelled by the Board for just cause.

Section 13. Reissuance of revoked certificates and replacement of lost


certificates
The Board may, for reason of equity and justice, and upon proper application
therefore, issue another copy, original or duplicate, upon payment of the required fee, of
a certificate which has been revoked. A new certificate to replace a lost, destroyed or
mutilated certificate may be issued subject to the rules of the Board.

Section 14. Registration by reciprocity


The Civil Service Commission shall, upon approval of the Board, effect the
registration, without examination, of a teacher validly registered under the laws of any
foreign state or country; Provided, That the requirements for registration in said foreign
state or country are substantially the same as those required and contemplated by this
Decree, and the laws of such foreign state or country allow citizens of the Philippines to
practice the profession on the same basis and grant the same privileges as the citizens
or subjects of such foreign state or country; Provided finally, That the applicant shall
submit competent and conclusive documentary evidence, confirmed by the Department
of Foreign Affairs, showing that his country’s existing laws permit citizens of the

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Philippines to practice teaching profession under the rules and regulations governing
citizens thereof.
Section 15. Prohibition
Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or
private elementary or secondary school, unless he is holder of a Professional Teacher
Certificate or is considered a Professional Teacher under this Decree.

Section 16. Penal Provision


Any person who shall practice the teaching without a valid Professional Teacher
Certificate, or any person presenting as his or her own the certificate of another, or any
person giving any false or forged evidence in order to obtain a Professional Teacher
Certificate or admission to an examination, or any person assuming himself as a
registered professional teacher or any person violating any provision of this Decree shall
be penalized by a fine of not less than One Thousand Pesos nor more than Five
Thousand Pesos with subsidiary imprisonment or to suffer an imprisonment of not less
than six months nor more than two years, or both such fine and imprisonment at the
discretion of the Court.

Section 17. Repealing Clause


All Acts, Decrees, Executive Orders, Administrative Orders, rules and regulations
or parts thereof inconsistent with the provisions of this Decree are hereby repealed or
modified accordingly.

Section 18. Separability Clause


In case any provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be affected thereby.

Section 19. Effectivity. This Decree shall take effect January 1, 1977.

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APPLYING

For your journal, give your answers to the following questions:

1. Why is there a need for a teacher to have a professional license? Cite at least five (5)
advantages and disadvantages.

References:

 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2012). The teaching
profession.
 2rd Ed. Metro Manila: Lorimar Publishing House, Inc.
 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2018). The teaching
profession.
 4th Ed. Metro Manila: Lorimar Publishing House, Inc.
 Doug Stewart & Paul McCann (1999) Educators and the Law: Implications for
the professional development of school administrators and teachers, Journal of
In-service Education, 25:1, 135-150, DOI: 10.1080/13674589900200074.
Retrieved at https://doi.org/10.1080/13674589900200074

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Lesson 3. Republic Act 7836 and Republic Act 9293

Learning Outcomes

1. Identified the roles of the Board for Professional Teachers;


2. Cited and explained the qualification requirements for the Licensure Examination
for Teachers and the grounds for the suspension of license; and
3. Created a graphic organizer showing the difference between R.A. 7836 and
R.A. 9293.

SPARKING

Agree or Disagree?

Write A on the blank before each item if you think the statement is true about RA
7836 & 9293; D, if you think it is false.

______1. Republic Act 7836 provides the full description and duties and responsibilities
of the board and the board members.

______2. Republic Act No. 9293 is an act that is entirely different from RA 7836.

______3. RA 7836 is otherwise known as the "Philippine Teachers Professionalization Act


of 1994."

______4. No person who has served for two (2) consecutive terms shall be eligible for
reappointment.

______5. The examinations for the elementary and secondary school teachers shall not
be separated.

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PROBING

 As a future professional teacher, why do you need to know the qualifications


and requirements to take the Licensure Examination for Teachers?
 What are some amendments made by RA 9293 to RA 7836?
 Do you think your professional teacher’s license can be suspended or
revoked? What are some grounds for its revocation or suspension.

DEEPENING

The Republic Act No. 7836 of the Philippine Teachers Professionalization Act of 1994
strengthens the supervision and regulation of the practice of teaching in the Philippines.
All teachers are required to take and pass the Licensure Examination for Teachers (LET).
Republic Act 7836 provides the full description and duties and responsibilities of the
board and the board members. This also tells about the requirements in the registration,
process before taking the examination and after the examinations, and the sanctions
given to those licensed teachers who violate the rules.

Republic Act No. 9293 is an act amending certain sections of the Republic Act
7836. This act modifies some of the sections in the R.A. 7836 including the qualification
requirements of the examinees, registration and exception, transitory provision,
reference to the term, separability clause, repealing clause and the effectivity.

REPUBLIC ACT 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

SECTION 1. Short Title. — This Act shall be known as the "Philippine


Teachers Professionalization Act of 1994."

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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.

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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;

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(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

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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.

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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 3. 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;

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(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 (BEED) 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

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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.

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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;

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(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

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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.

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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.

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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.

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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.

REPUBLIC ACT 9293

AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED


SEVENTY-EIGHT HUNDRED AND THIRTY-SIX (R.A. NO. 7836), OTHERWISE KNOWN AS
THE “PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994”

Be it enacted by the Senate and House of Representatives of the Philippines in


Congress assembled:

SECTION 1. Section 15, (e) (3) of Republic Act No. 7836 is hereby amended as
follows:

“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:

“(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
(BEED) 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 degree in arts and sciences with at
least eighteen (18) 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.”

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Section 2. Section 26 of the same Act is hereby amended to read as follows:

“SECTION. 26. Registration and Exception

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 the
person 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 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.

Professional teachers who have not practiced their profession for the past five (5)
years shall take at least twelve (12) units of education courses, consisting of at least six
(6) units of pedagogy and six (6) units of content courses, or the equivalent training and
number of hours, to be chosen from a list of courses to be provided by the Board and
the Department of Education, before they can be allowed to practice their profession in
the country.

Those who have failed the licensure examination for professional teachers, with a
rating of not lower than five percentage points from the passing general average rating,
shall be eligible as para-teachers upon issuance by the Board of a two-year special
permit, renewable for a non-extendible period of two (2) years. The para-teachers shall
be assigned to areas where there is a shortage or absence of a professional teacher, as
identified and provided by the Department of Education and the Autonomous Region for
Muslim Mindanao (ARMM) education department to the Board for professional teachers
and to the Commission. The special permit shall indicate the area of assignment of the
para-teacher.

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A special permit may also be issued by the Board to a person who has excelled
and gained international recognition and is a widely acknowledged expert in his or her
respective field of specialization.”

Section 3. Section 31 of the same Act is hereby amended to read as follows:

“SECTION. 31. Transitory Provision

Special permits, with a validity of three (3) and five (5) years, issued to para-
teachers by the Board for Professional Teachers before the effectivity of this Act shall be
allowed to expire based on the period granted therein: Provided, That only special
permits with a validity of three (3) years may be renewed upon expiration for a non-
extendible period of two (2) years.”

SECTION 4. References to the term “Department of Education, Culture and


Sports”, in section 4 (a) and section 25, and the term “DECS” in section 20, of the same
Act, are hereby amended to read as “Department of Education” and “DepEd”,
respectively.

SECTION 5. 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 6. Repealing Clause

All laws, decrees, circulars, administrative orders, rules and regulations, and
other issuances which are inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 7. Effectivity. – This Act shall take effect upon approval.

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APPLYING

Test A: Answer the following based on the teacher-related laws discussed above.

1. Teacher X, a BSED Math graduated as magna cum laude in a prestigious


university and has been rated outstanding in her performance, can she be
exempted from taking the LET? Why? Why not?
2. Teacher A took the LET exam and had a rating of 74%. Can she be allowed
to teach in a private school? Why? Why not?

Test B:

a. Cite at least 5 qualification requirements to take the Licensure Examination


for Teachers and the grounds for the suspension of license.
b. create a diagram showing the difference between R.A. 7836 and R.A. 9293

Note: Criteria for grading:

Content : 50%

Organization of Ideas : 25%

Creativity : 25%
100%

References:

 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2015). The teaching
profession. 3rd Ed. Metro Manila: Lorimar Publishing House, Inc.
 Bilbao, P., Corpuz, B. Llagas, A., & Salandanan, G. (2018). The teaching
profession. 4th Ed. Metro Manila: Lorimar Publishing House, Inc
 Malacañang Records Office. Retrieved from
https://www.officialgazette.gov.ph/

Module for The Teaching Profession WVSU 2021 Page 42

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