ON BECOMING A PROFESSIONAL TEACHER

(THE MAGNA CARTA FOR TEACHERS AND OTHER LAWS)

Dr. Mario M. Bello, Jr.

Author

Intended Learning Outcomes

1. discuss the rights and privileges of public school teachers in the

Philippines as stipulated in RA 4670, 1987 Constitution, and
Commonwealth Act No. 578.

2. discuss the rights and privileges of private school teachers in the

Philippines as stipulated in DepEd Order No 88, s. 2010

Course Objectives/Outcomes

Upon finishing this course, you must be able to do the following:

1. describe the different personal and professional roles of a teacher

based on the Philippine Professional Standards for Teachers
(PPST) and the different governing laws in the Teaching
profession;
2. formulate personal teaching philosophy and plans of action as a
transformative agent of change; and
3. draft appropriate solutions on conceivable school issues based on
the existing policies, issuances, institutional philosophies, values,
and related laws in the teaching profession.

The Magna Carta for Public School Teachers

On the outset Magna Carta literally means Great Charter. Magna

Carta are documents, sometimes statutes laying out the rights and
privileges of whoever the charter favors. In case of the public school
teachers in the Philippines, their rights and privileges are stipulated under
RA 4670 or the Magna Carta for Public School Teachers.

It has to be understood however that the Magna Carta for Public

School Teachers is not the sole source of the public school teachers’
rights, privileges, and benefits. To date there are already several
issuances by the Civil Service Commission, and other government
agencies providing additional incentives to the teachers. This is expected
because as could be easily observed, the Magna Carta for Public School
Teachers is already an old law for it was signed on June 18, 1966. The

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possible deficiencies of the this law are already addressed by other
issuances of the government.
RA 4670 and Its Declared Policies

Early on, in Section 1 of the law, it declares that its primary purpose
is to promote the social and economic status of public school teachers,
their living and working conditions, their terms of employment and career
prospects. These, accordingly, is to make the teaching profession
comparable with existing opportunities in other walks of life, and to attract
and retain in the teaching profession more people with proper
qualifications. The same section further stipulates that it recognizes the
fact that advancement in education depends on the qualifications and
ability of the teachers. It also recognizes that the economic growth of the
nation largely depends on the quality of education the people receives. It
further recognizes that education is a productive investment of vital
importance.

Stated differently, RA 4670 is declaring that the teaching profession

should be made comparable with the other professions in order to attract
the best minds toward teaching. This is in consonance with Par. 5, Sec. 5,
Art. XIII, 1987 Constitution which states that The State shall assign the
highest budgetary priority to education and ensure that teaching will
attract and retain its rightful share of the best available talents through
adequate remuneration and other means of job satisfaction and fulfillment.
From the very words of the Constitution, it declares that the state shall
ensure that teaching as a profession shall attract the best available talents
by providing the teachers with adequate salary, and other benefits that
would make teaching satisfying and fulfilling.

Coverage of the Law

Section 2 of the law provides its limitations specifically to whom is

the law intended. It mentioned that the Magna Carta for Public School
Teachers shall apply to all public school teachers. This means that those
who are teaching in the private schools are not covered by the provisions
of this law. They cannot use this law to demand from their school
administrators the same privileges stated herein. Their rights, privileges,
and benefits are primarily governed by PD No. 442 or the Labor Code of
the Philippines.

The same paragraph mentions that RA 4670 is not applicable to the

professorial staff of state colleges and universities. Recall that the Code
of Ethics for Professional Teachers also excludes from its coverage the
teachers teaching in the collegiate levels. Faculty of State Colleges and
Universities also have rights, and enjoy benefits and privileges, however,
these are not sanctioned by RA 4670.

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 Interestingly, the second paragraph of Section 2 defines teachers
as all persons engaged in classroom teaching, in any level of instruction, on full-
time basis, including guidance counselors, school librarians, industrial arts or
vocational instructors, and all other persons performing supervisory and/or
administrative functions in all schools, colleges and universities operated by the
Government or its political subdivisions; but shall not include school nurses,
school physicians, school dentists, and other school employees. From this
definition, it categorically includes from the definitions of teachers those who are
in colleges and universities. The prevailing concern here is that there seems to be
a confusion basing on Section 2 of the law as to whether or not teachers in the
state colleges and universities are covered by RA 4670. Let us hope that in the
near future, there will be an actual case where the Court may have the occasion to
categorically define who are covered by this law. Also, it has to be reiterated that
the enumeration is exclusive. It means that those who were not mentioned are
deemed excluded.

Recruitment and Career

RA 4670 provides that as to the recruitment policy, specifically with

respect to the selection and appointment of teachers, it shall be defined by
the Department of Education. However, due to the express provision of
Section 3, Article IX (B), 1987 Constitution which states that the Civil
Service Commission (CSC), as the central personnel agency of the
Government, shall establish a career service, the minimum standards then
for recruiting Teacher 1 positions so with the other positions in the
Department of Education is all determined by the Civil Service
Commission.

Minimum Standards for Teacher 1 Positions

Basing on the CSC 1995 Qualification Standards Manual, the

following qualifications are now considered as the prevailing minimum
standards:

A. For teachers in the Elementary Level:

Bachelor of Science in Elementary Education or any Bachelor’s

degree plus 18 professional units in Education;

B. For teachers in the Junior High School Level:

Bachelor of Science in Secondary Education (with appropriate

major) or any Bachelor’s degree plus 18 professional units in Education;

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 C. For teachers in the Senior High School Level:

Bachelor’s degree majoring in the relevant track/strand/subject or

any Bachelor’s degree with at least 15 units of specialization in the
relevant track/strand/subject

It has to be noted that the qualification standards for teachers in the

Senior High School is not found in RA 4670. This was however included
in this material to address the changes brought about by the prevailing
Education Act. Also, in case where the law provides for an alternative by
using the conjunction “or”, it means that either of the two alternatives are
equally situated. It means that both the holder of a Bachelor of Science in
Elementary Education or any Bachelor’s Degree holder with 18 units
Professional Education are equally qualified, so on and so forth.

The law included in its stipulation that teachers in the secondary

vocational and two years technical courses should have a Bachelor’s
degree in the field of specialization with at least 18 professional units in
education; and for the collegiate level other than vocational, master’s
degree with a specific area of specialization. These provisions are already
deemed obsolete due to the fact that vocational courses are already
governed by the TESDA and that State Colleges and Universities are
already under the CHED. The Department of Education no longer has a
supervisory power over TESDA and CHED more so define the needed
qualifications for teachers who will be teaching in these levels.

Temporary and Probationary Status of Public School Teachers

The law also recognizes that temporary status may be given to an

applicant who do not meet the minimum qualifications. Temporary status
in the government service is a validly recognized status in the absence of
an applicant for a particular position who possesses all the needed
qualifications.

Section 4 of the law admits the possibility of hiring a teacher under

probationary status. These teachers, according to the law are those who
possess the required minimum educational qualification however lacks the
civil service eligibility. This civil service eligibility now refers to the license
to teach which is issued by the Professional Regulation Commission
(PRC). For example, when the Senior High School was launched in the
Philippines, most teachers were not qualified to teach in this program due
to the expertise requirement. The DepEd then hired experts to teach in
the SHS programs such as accountants, engineers and the like. In as
much as these professionals as experts, they however lack the necessary
license to teach. Due to this deficiency, they were admitted under a
probationary status.

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Security of Tenure

Corollary to the appointment of an applicant to a Teacher 1 position

is his right to security of tenure. This means that he cannot be removed
from his office without valid cause. This right however is not absolute.
One reason for the revocation of the security of tenure is the infraction
made by the teacher against the existing policies. His enjoyment of such
right is predicated on the fact that he is performing his duties and
responsibilities in accordance with the existing rules, regulations, laws,
and policies. If otherwise, he may be removed from his position.

Policies on Transfer

There are instances when a teacher is asked to transfer from one

school to another. Take for example a classroom teacher who is
promoted to Principal and that he needs to transfer to another school
where he will serve as the head. Section 6 of the law discusses that a
teacher may not be transferred absent his consent. This is because an
invalid transfer is tantamount to violating the security of tenure the
employee enjoys. Transfer is a movement from one position to another
which is of equivalent of rank, level or salary without break in service. In
the case of Palma-Fernandez v de la Paz, the Court instructed that an
unconsented transfer violates security of tenure. Even if the transfer of
office would constitute promotion if the employee did not give his consent,
it still is not a valid transfer and is prohibited by law (Divinagracia v Sto.
Tomas). Simply stated, a teacher cannot be forced to transfer even if the
reason for such transfer is promotion.

It must be understood however that transfer and reassignment are

two different things. In transfer, it is necessary that the teacher’s original
position is terminated and then another appointment is given. To
illustrate, a teacher appointed in the City of Kidapawan Division who will
be transferred to Cotabato Province Division must necessarily vacate his
position in the Kidapawan City in order for him to be given a position in
Cotabato City Division. This is so because when he was hired at
Kidapawan City, he is mandated to serve within Kidapawan City only. So
that, if he will be transferred to Cotabato Province Division, it means that it
is already beyond his original mandate. If without consent from the
employee, this scenario is not allowed by law.

Reassignment is different. This is allowed by law. It is a

reassignment of a teacher from one organizational unit to another
organizational unit within the same agency. It does not require an
issuance of another order or appointment. One example is when a

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teacher is hired and given an order or appointment to teach within
Cotabato City Division. He was originally assigned at Kabacan Pilot
Central School, Cotabato Division. Later, he was reassigned to Midsayap
Central School, Cotabato Division. In as much as his original order or
appointment is to teach within the Cotabato Province Division he is
therefore required to teach anywhere in Cotabato Province Division. If he
was originally assigned in Kabacan and later on reassigned in Midsayap,
both places are still within Cotabato Province Division, thus, there is no
transfer. It means that if he is reassigned from Kabacan to Midsayap this
is valid even without his consent.

Disciplinary Procedures

At times, there are teachers who faces complaints of different kind.

These complaints may sometimes lead to the teacher receiving
punishment such as suspension. It has to be admitted however that not
all complaints are valid. There are complaints that are intended only to
destroy the reputation of the teacher. RA 4670 protects the rights of the
teachers to due process under these circumstances. In Section 8 of RA
4670, the following safeguards are afforded to teachers in cases of
disciplinary procedure:

a. The teacher has the right to informed, in writing, of the charges;

b. The teacher has the right to full access to the evidence in the
case;
c. The teacher has 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 teacher has the right to appeal to clearly designated authorities.

It also stressed that no publicity shall be given to any disciplinary action

being taken against a teacher during the pendency of his case.

The law further provides that in cases of administrative charges or

complaints, the following shall hear the case:

a. When the respondent is a teacher:

1. The Schools Division Superintendent or his/her duly authorized

representative, who must have at least the rank of a Division
Supervisor where the teacher belongs, as Chairman;
2. A representative of the local, or in its absence, any existing
provincial or national teachers organization; and
3. A Supervisor of the Division, the last two to be designated by
the disciplining authority.

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 b. When the respondent is an Assistant Schools Superintendent,
Schools Superintendent, Assistant Regional Director or
Regional Director or Assistant Secretary, or Undersecretary of
the Department of Education:

1. The Secretary, or his/her duly authorized representative who

must have a rank equal to or higher than the rank of the
respondent, as Chairman;
2. The duly authorized representative of the Philippine Public
School Teacher’s Association (PPSTA) as member; and
3. Any officer of the Department of Education with a rank equal to
or higher than the rank of the respondent as member.

Discrimination Prohibited

Section 10 mandates that there shall be no discrimination in the

entrance to the teaching profession, during its exercise, or in the
termination of services. Section 11 is a mandate that whenever possible,
married couples who are both public school teachers are to be assigned in
the same locality. And that as provided in Section 12, teachers shall enjoy
academic freedom in the discharge of their professional duties. Recall
that academic freedom in basic education was already discussed in the
previous unit.

Hours of Work and Remuneration

Government workers are required to render 40 hours of work per

week. This 40 hours may be distributed in any manner depending upon
the nature of the employee’s work and the need of the agency where he is
serving. For basic education teachers, in as much as their clientele, the
learners are present during daytime they are required to render 8 hours of
work during daytime from Monday to Friday. In other places especially in
huge metropolitan areas, it is admitted that due to the huge number of
students the school is catering to, the teachers are reporting by shift.
Some teachers are already reporting at night because only during that
time are their classrooms available. Therefore, whatever time of the day
the teacher will report so long as this is agreed upon by the teacher and
the school officials, and that the 40 hours per week duty is complied, such
arrangement is valid.

It does not however mean that the teacher has to teach for the
whole 8 hours per day or for the whole 40 hours per week. This is so
because aside from teaching, it is understood that the teacher still has to
perform other functions such as preparing for his lessons, checking his

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learner’s work, conducting conference with the parents, among several
others.

This scenario is recognized by the Magna Carta for Public School

Teachers. It provides under Section 13 that teachers are required to
engaged in actual classroom instruction for not more than six hours per
day. The remaining two hours shall be allocated for the preparation and
correction of the learners exercises and other works incidental to his
normal teaching duties. Recall that in the previous unit, the teacher is
expected to perform community related functions other than teaching the
children.

In cases where there is a dire need for the teacher to render more
than six hours but not to exceed eight hours of classroom teaching a day,
he is entitled to an additional compensation equivalent to at least 25% of
his basic pay.

Additional Compensation for Co-Curricula

and Out of School Activities

In Section 14, the law provides that teachers whose services are
utilized for co-curricula and out of school activities and any other activities
outside of what is defined as normal duties of any teacher shall be
compensated by at least 25% of their regular remuneration. The agency
utilizing the services of the teachers shall pay the additional
compensation. The remuneration may exceed 25% but in no case should
the additional compensation be less than 25% of the teacher’s basic
salary. One example of these activities is the service of teachers as
Board of Election Inspectors during local or national elections. The
teachers are given additional compensation for their services rendered
during elections for serving in the election is already an out of school
activity. The one who is responsible to pay the additional services of the
teachers is the COMELEC, the agency who tapped them to serve during
the election. Another example is when the teachers are tapped by the
Philippine Statistics Authority (PSA) to conduct census in their barangay.
The conduct of a census is no longer a part of the functions of a teacher
thus, the teachers are entitled to an additional pay to be given by the PSA.

Salaries and Deductions

Sections 15 and 16 discusses the criteria for the giving of salaries

to the teachers. The teachers’ salary and other benefits just like any other
employees of the government are provided for by law. It means that the
DepEd cannot just give the teachers additional salary, benefits, or other
forms of compensation when there is no law for that matter. The laws
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stipulating the salary standards for teachers carefully consider the concept
of equal pay for equal work or equal compensation for equal qualifications.
It means that workers who are equally situated in the government must be
given equal compensation.

In relation to these principles, teachers are therefore prohibited

from launching a strike or rally to demand from the DepEd that their
compensation is to be raised. This is so because in the first place, DepEd
is not the one determining the salary of the teachers, it is the Congress.
The salary of the teachers are set by law and such law is passed by
Congress. And so, even if the DepEd officials would want to grant the
teachers additional compensation, if the Congress will not pass a law
warranting such desire, the DepEd officials cannot still grant it. At present,
information as to how much is the salary of teachers and other officials of
the government are public knowledge. One may easily compare the
salary of one worker in the government over the other.

Other additional compensation to the basic salary of the teachers

as provided in the law is the Cost of Living Allowance commonly called as
COLA. At present, the amount of COLA or the ACA/PERA given to
teachers is P2,000.00 per month. For teachers who are exposed to
hardship such as difficulty in commuting to the place of work or other
hazards peculiar to the place of employment, they shall be given a special
hardship allowance equivalent to at least 25% of their monthly salary. The
Department of Education has a separate policy and adopts a formula on
the giving of special hardship allowance.

As to the deductions on the salary of teachers, Section 21 provides

that the following are the only allowable deductions: (1) lawful dues and fees
owing to the Philippine Public School Teachers Association (PPSTA), and (2)
premiums properly due on insurance policies. However, in instances where the
teacher consents to allow a particular entity to deduct upon his salary some
obligations such as debts or payment for loans, and that all the other requisites for
the deduction is complied with such as a valid MOA between the entity and
DepEd among several others, it may be allowed. For example, Teacher A
borrowed from ABC Lending Company a certain amount of money. She signed a
document that she is allowing ABC Lending Company to deduct the payment of
her loan from her salary. Also, ABC Lending Company has an agreement with
DepEd the tenor of which is to allow the latter to collect for the former. In this
particular instance, the payment for the loan of Teacher A may be validly
deducted by DepEd from the teacher’s salary in favor of ABC Lending Company.
In the case of Department of Education v Rizal Teachers Kilusang Bayan for
Credit, Inc., the Court had the occasion to instruct that absent the needed
requisites, no entity is allowed to deduct from the salary of teachers.

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 Health measures and Injury Benefits

The law provides that medical examination and treatment shall be

provided to teachers on certain conditions. It also provides that teachers are
compensated for the effects of the physical and nervous strain on the teachers’
health.

Leave and Retirement Benefits

Study Leave

Section 24 of the law talks about a study leave which a teacher may avail
for the purpose of professional growth. Accordingly, a teacher who has been
serving the Department of Education for seven years already is entitled to a study
leave not exceeding one school year. This means that a teacher who is qualified
to avail of this benefit is allowed to study for one school year without having to
report or to teach in the school where he is assigned and yet he is still paid his
salary.

Indefinite Leave

Another leave sanctioned by the RA 4670 is the indefinite leave. This

kind of leave is allowed to teachers who has to undergo a long treatment for his
illness which is expected to exceed one year at the least.

The teachers may also enjoy other kinds of leaves other than what the RA
4670 provides but for the purpose of this discussion and the objectives of this
unit, those that are mentioned above are sufficient.

Teacher’s Organization

Section 27 of the law confers to the teachers the right to freely and without
previous authorization establish and join organizations of their choosing. The
purpose of organizing and/or joining an organization is to defend their interests.
From this particular provision of the law several principles has to be reiterated.
RA 4670 provides that teachers are not prohibited to join organizations. This is
different from a labor union. An organization or association is different from a
labor union in the eyes of the law. One example of these difference is that labor
unions are allowed to stage a rally while an association of government employees
is not. The law further provides in Section 28 that the joining or non-joining of
teachers to a particular organization shall not prejudice her employment. Section
29 on the other hand prescribes that a national teachers’ organization 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 teachers.

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 Teachers as Persons in Authority

Teachers are considered persons in authority while they are in their actual
performance of their professional duties or on the occasion of such performance.
This particular principle is incorporated in the Revised Penal Code (RPC) such
that the application of which is for the determination of a crime committed against
the teacher only. One example is when a teacher is assaulted or when he is
slapped while he is teaching in the classroom, this this not a simple assault to a
private person. This is an example of an assault against a person in authority.
This is tantamount to slapping a police officer while he is in the performance of
his duty. The penalty of assaulting a person in authority is heavier as compared to
assaulting a private person.

However, not all activities of a teacher are in relation to his function as a

teacher. When a teacher is conducting some gardening activities to beautify his
house one Sunday morning, this is not considered as an activity in relation to his
function as a teacher. Thus, in case where the teacher is assaulted during this
time, it cannot be considered as an assault to a person in authority.

In one case, Tiburcio entered the classroom of Miss Ester Gonzales. Miss
Gonzales has just finished writing on the blackboard when Tiburcio placed his
arms around her and kissed her. Shocked, Miss Gonzales pushed Tiburcio away
and she tried to flee. However, Tiburcio caught her even before she was able to
exit the room. Upon catching her, Tiburcio embraced her again. The Court in
this case declared that the primary reason why teachers are now considered
persons in authority is to give teachers the protection, dignity, and respect while
in the performance of their official duties (PP v Tiburcio Balbar, GR No L-20216
and L-20217, November 29, 1967).

Formative Assessment

1. Go over the websites of different news agencies in the Philippines. Look

for a particular news article where a particular right, privilege or benefit of
a teacher as provided in RA 4670 is violated. Copy and paste the news
article. Below the article mention the following:

a. Facts stating the violation of a teacher’s right, privilege or benefit;

b. Specific provision in RA 4670 violated based on the facts narrated in
the news article;
c. Discussion of why you think such right, benefit or privilege was
violated.

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References:

1. RA 4670
2. 1987 Philippine Constitution
3. CA 578
4. CSC 1995 Qualification Standards Manual
5. Palma-Fernandez v. de la Paz
6. Divinagracia v. Sto. Tomas
7. Department of Education v. Rizal Teachers Kilusang Bayan for Credit,
Inc.
8. PP v. Tiburcio Balbar, GR No L-20216 and L-20217, November 29, 1967

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