THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

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REPUBLIC ACT NO. 4670 June 18, 1966

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:

(a) For teachers in the kindergarten and elementary grades, Bachelors degree in
Elementary
Education (B.S.E.ED.);
(b) For teachers of the secondary schools, Bachelors degree in Education or its
equivalent
with a major and a minor; or a Bachelors degree in Arts or Science with at least
eighteen
professional units in Education.
(c) For teachers of secondary vocational and two years technical courses,
Bachelors 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, masters
degree with
a specific area of specialization;
Provided, further, That in the absence of applicants who possess the minimum
educational
qualifications as here in 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.

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 teachers 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.
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.
Sec. 15. Criteria for Salaries. Teachers 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. Teachers 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-ofliving
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.
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 treasurers 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 teachers 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 teachers 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.
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. TEACHERS 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 Teachers 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

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 employ 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