EDUCATIONAL LAWS,

PRACTICES, TRENDS
CHERYL G. DIALOGO
DISCUSSANT

DR. GREGORIA T. SU
PROFESSOR
SCRAMBLED LETTER

1.GNAAM RTACA

2.HCEATERS
SCRAMBLED LETTER

1.MAGNA CARTA

2.
SCRAMBLED LETTER

1.MAGNA CARTA

2.TEACHERS
 Contents
Terms and Conditions of Employment for Public and Private
School Employees in DepEd

Special Privileges of Public

01 Employees
04 Magna Carta for Teachers

02 Sex Discrimination 05 Rights to Privacy

03 Tenure Status
Filipino teachers ought to be aware
and knowledgeable of these well-
deserved benefits

There is no other Constitution in the

history of country that has given
importance to teachers more than
the 1987 Phil. Constitution.
The 1987 Phil. Constitution states. The
state shall enhance the right of teachers
to professional advancement. It shall
“assign the highest budgetary priority to
education to “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.
Commonwealth Act 578 amended
the Revised Penal Code to include
teachers, professors, and persons
charged with the supervision of
public or duly recognized private
schools, colleges, and universities,
within the term “persons” in
authority.
 MAGNA
CARTA FOR
TEACHERS
 REPUBLIC ACT No. 4670 June 18, 1966

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 favorably with existing opportunities in other walks of
life, attract and retain in the teaching profession more people with
the proper qualifications, it being recognized that advance in
education depends on the qualifications and ability of the teaching
staff and that education is an essential factor in the economic growth
of the nation as a productive investment of vital importance.
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 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.
 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.
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
therefor. If the teacher believes there is no justification for the
transfer, he may appeal his case to the Director of Public Schools
or the Director of Vocational Education, as the case may be.
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 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.
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 percent of his basic pay.
Section 14. Additional Compensation. Notwithstanding any provision of
existing law to the contrary, co-curricula 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.

The agencies utilizing the services of teachers shall pay the additional
compensation required under this section.1âшphi1 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 favorably 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
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
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.
 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.
Section 32. Penal Provision. A person who shall
willfully 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.
 “TO DENY PEOPLE
HUMAN RIGHTS IS TO
.

DENY THEIR VERY

Thank you!