THE MAGNA CARTA FOR
PUBLIC SCHOOL TEACHERS
Republic Act No. 4670
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 per cent 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. 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.
• 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 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.
THANK YOU AND
GOD BLESS!!!
Prepared by:
AMILLIE E. ALBANIA