LESSON 6 THE RIGHTS AND PRIVILEGES

OF TEACHERS IN THE PHILIPPINES

Objectives

1. To discuss the rights and privileges of teachers in the Philippines

2. To perform the related activities
3. To imbibe the values on the rights and privileges of teachers

REPUBLIC ACT NO. 4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 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.

Sec. 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

Sec. 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:

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(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 herein above 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.

Sec. 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.

Sec. 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.

Sec. 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.

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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.

Sec. 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.

Sec. 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.

Sec. 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

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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.

Sec. 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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

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Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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.

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Sec. 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.

Sec. 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

Sec. 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.

Sec. 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

Sec. 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.

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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.

Sec. 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.

Sec. 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

Sec. 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.

Sec. 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.

Sec. 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.

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VII. ADMINISTRATION AND ENFORCEMENT

Sec. 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.

Sec. 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 employment of the National Government.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

(https://dtu.org.ph/2019/06/26/magna-carta-for-public-school-teachers-art-4670/)

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COMMONWEALTH ACT NO. 578

COMMONWEALTH ACT NO. 578 - AN ACT TO AMEND ARTICLE ONE HUNDRED

FIFTY-TWO OF THE REVISED PENAL CODE, SO AS 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"

Section 1. Article one hundred fifty-two of Act Numbered Three thousand eight hundred
and fifteen, known as the Revised Penal Code, is amended to read as follows:

"ARTICLE 152. Persons in authority. – Who shall be deemed as such. – In applying the
provisions of the preceding and other articles of this Code, any person directly vested
with jurisdiction, whether as an individual or as a member of some court or governmental
corporation, board or commission, shall be deemed a person in authority.

"In applying the provisions of articles one hundred forty-eight and one hundred fifty-one
of this Code, teachers, professors, and persons charged with the supervision of public or
duly recognized private schools, colleges, and universities, shall be deemed persons in
authority."

Section2. This Act shall take effect upon its approval.

Enacted, without Executive approval, June 8, 1940.

(https://laws.chanrobles.com/commonwealthacts/3_commonwealthacts.php?id=111)

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES

ARTICLE XIV EDUCATION, SCIENCE AND TECHNOLOGY, ARTS, CULTURE AND
SPORTS

EDUCATION

Section 1. The State shall protect and promote the right of all citizens to quality
education at all levels, and shall take appropriate steps to make such education
accessible to all.

Section 2. The State shall:

(1) Establish, maintain, and support a complete, adequate, and integrated system
of education relevant to the needs of the people and society;

(2) Establish and maintain a system of free public education in the elementary
and high school levels. Without limiting the natural right of parents to rear their
children, elementary education is compulsory for all children of school age;
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(3) Establish and maintain a system of scholarship grants, student loan
programs, subsidies, and other incentives which shall be available to deserving
students in both public and private schools, especially to the underprivileged;

(4) Encourage non-formal, informal, and indigenous learning systems, as well as

self-learning, independent, and out-of-school study programs particularly those
that respond to community needs; and

(5) Provide adult citizens, the disabled, and out-of-school youth with training in
civics, vocational efficiency, and other skills.

Section 3. (1) All educational institutions shall include the study of the
Constitution as part of the curricula.

(2) They shall inculcate patriotism and nationalism, foster love of humanity,
respect for human rights, appreciation of the role of national heroes in the
historical development of the country, teach the rights and duties of citizenship,
strengthen ethical and spiritual values, develop moral character and personal
discipline, encourage critical and creative thinking, broaden scientific and
technological knowledge, and promote vocational efficiency.

(3) At the option expressed in writing by the parents or guardians, religion shall
be allowed to be taught to their children or wards in public elementary and high
schools within the regular class hours by instructors designated or approved by
the religious authorities of the religion to which the children or wards belong,
without additional cost to the Government.

Section 4.(1) The State recognizes the complementary roles of public and private
institutions in the educational system and shall exercise reasonable supervision
and regulation of all educational institutions.

(2) Educational institutions, other than those established by religious groups and
mission boards, shall be owned solely by citizens of the Philippines or
corporations or associations at least sixty per centum of the capital of which is
owned by such citizens. The Congress may, however, require increased Filipino
equity participation in all educational institutions.

The control and administration of educational institutions shall be vested in

citizens of the Philippines.

No educational institution shall be established exclusively for aliens and no

group of aliens shall comprise more than one-third of the enrollment in any
school. The provisions of this subsection shall not apply to schools established
for foreign diplomatic personnel and their dependents and, unless otherwise
provided by law, for other foreign temporary residents.

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(3) All revenues and assets of non-stock, non-profit educational institutions used
actually, directly, and exclusively for educational purposes shall be exempt from
taxes and duties. Upon the dissolution or cessation of the corporate existence of
such institutions, their assets shall be disposed of in the manner provided by law.

Proprietary educational institutions, including those cooperatively owned, may

likewise be entitled to such exemptions, subject to the limitations provided by
law, including restrictions on dividends and provisions for reinvestment.

(4) Subject to conditions prescribed by law, all grants, endowments, donations, or

contributions used actually, directly, and exclusively for educational purposes
shall be exempt from tax.

Section 5. (1) the State shall take into account regional and sectoral needs and
conditions and shall encourage local planning in the development of educational
policies and programs.

(2) Academic freedom shall be enjoyed in all institutions of higher learning.

(3) Every citizen has a right to select a profession or course of study, subject to
fair, reasonable, and equitable admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement.
Non-teaching academic and non-academic personnel shall enjoy the protection of
the State.

(5) 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.

LANGUAGE

Section 6. The national language of the Philippines is Filipino. As it evolves, it

shall be further developed and enriched on the basis of existing Philippine and
other languages.

Subject to provisions of law and as the Congress may deem appropriate, the
Government shall take steps to initiate and sustain the use of Filipino as a
medium of official communication and as language of instruction in the
educational system.

Section 7. For purposes of communication and instruction, the official languages

of the Philippines are Filipino and, until otherwise provided by law, English.

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The regional languages are the auxiliary official languages in the regions and
shall serve as auxiliary media of instruction therein.

Spanish and Arabic shall be promoted on a voluntary and optional basis.

Section 8. This Constitution shall be promulgated in Filipino and English and

shall be translated into major regional languages, Arabic, and Spanish.

Section 9. The Congress shall establish a national language commission

composed of representatives of various regions and disciplines which shall
undertake, coordinate, and promote researches for the development,
propagation, and preservation of Filipino and other languages.

SCIENCE AND TECHNOLOGY

Section 10. Science and technology are essential for national development and
progress. The State shall give priority to research and development, invention,
innovation, and their utilization; and to science and technology education,
training, and services. It shall support indigenous, appropriate, and self-reliant
scientific and technological capabilities, and their application to the country’s
productive systems and national life.

Section 11. The Congress may provide for incentives, including tax deductions,
to encourage private participation in programs of basic and applied scientific
research. Scholarships, grants-in-aid, or other forms of incentives shall be
provided to deserving science students, researchers, scientists, inventors,
technologists, and specially gifted citizens.

Section 12. The State shall regulate the transfer and promote the adaptation of
technology from all sources for the national benefit. It shall encourage the widest
participation of private groups, local governments, and community-based
organizations in the generation and utilization of science and technology.

Section 13. The State shall protect and secure the exclusive rights of scientists,
inventors, artists, and other gifted citizens to their intellectual property and
creations, particularly when beneficial to the people, for such period as may be
provided by law.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic
evolution of a Filipino national culture based on the principle of unity in diversity
in a climate of free artistic and intellectual expression.

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Section 15. Arts and letters shall enjoy the patronage of the State. The State shall
conserve, promote, and popularize the nation’s historical and cultural heritage
and resources, as well as artistic creations.

Section 16. All the country’s artistic and historic wealth constitutes the cultural
treasure of the nation and shall be under the protection of the State which may
regulate its disposition.

Section 17. The State shall recognize, respect, and protect the rights of
indigenous cultural communities to preserve and develop their cultures,
traditions, and institutions. It shall consider these rights in the formulation of
national plans and policies.

Section 18. (1) The State shall ensure equal access to cultural opportunities
through the educational system, public or private cultural entities, scholarships,
grants and other incentives, and community cultural centers, and other public
venues.

(2) The State shall encourage and support researches and studies on the arts and
culture.

SPORTS

Section 19. (1) The State shall promote physical education and encourage sports
programs, league competitions, and amateur sports, including training for
international competitions, to foster self-discipline, teamwork, and excellence for
the development of a healthy and alert citizenry.

(2) All educational institutions shall undertake regular sports activities

throughout the country in cooperation with athletic clubs and other sectors.
(https://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-
the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-xiv/)

Write your notes here.

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