Ra 4670
Ra 4670
Ra 4670
REPUBLIC
ACT NO.
4670
Learning Objectives
At the end of the discussion, students are expected
toː
a.discuss each sections in Republic Act No. 4670;
b. share practical situations where state policies on
the “Magna Carta for Public School Teachers” are
applied; and
c.perform a role play showing the latest DepEd policy
on the recruitment and deployment of the public
teachers.
Republic Act No. 4670 is an act that
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.
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 employment and career prospects
in order that may compare favorably with existing
opportunities in other walks of life, attract and retain in the
teaching profession more people with the proper
qualification, it being recognized that advance in education
depends on the qualification 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 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 other
persons engaged in classroom teaching, in any level of instruction,
on full-time basis, including guidance counsellors, 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 CARRER
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 or specialization with at least eighteen
professional units in education.
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: 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 of
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
affected 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 transfer 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 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 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 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 (30) days from the
termination of the hearings: Provide,
however, that where the school
superintendent is the complaint 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 any ground 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.
IV. 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, 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 -curricular 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. 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.
Section16. 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.
Section19. 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,
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.