This document summarizes the proposed amendments to the Magna Carta for Public School Teachers. Some key proposed amendments include upgrading the minimum salary for teachers to P20,000 per month, providing additional allowances for teachers assigned to difficult areas or transferred to other locations, expanding medical benefits and compensation for work-related injuries. The proposals aim to improve the salaries, benefits, and working conditions of public school teachers in order to attract and retain qualified educators.

1. AMENDING RA 4670
MAGNA CARTA FOR THE PUBLIC SCHOOL TEACHERS
(An Investment on the Public School Teachers)
BY
ALLAN JOSE J. VILLARANTE
Supervising Legislative Committee Researcher II
Committee on Basic Education and Culture
House of Representatives
Graduate Academic Conference
Mini Theater – Administration Building
University of Makati
Makati City
February 23, 2008

2. INVESTING ON THE PUBLIC SCHOOL TEACHERS
Urgency for government to invest in public school teachers
• Public school teachers are the backbones of national success
• Without the public school teachers confronting the challenges of
illiteracy in urban poor areas, in far-flung and remote barangays,
in hazardous circumstances, there can hardly be an educated
Philippines
• Without the public school teachers taking time to teach, even
just with meager incomes, in precarious conditions, there can be
no thinkers (no planners), in government and in the private sector,
who would manage and operate institutions the way they are right
now
• Without the public school teachers’ commitment and dedication
to educate the greatest number of our people, ours would have
been yet a nation of disadvantaged, powerless and marginalized
citizenry

3. INVESTING ON THE PUBLIC SCHOOL TEACHERS
State of Philippine Education
- Deterioration of the quality of education is factual and real
- Migration of Filipino teachers, either to teach
abroad or to work as domestic househelps in foreign lands
- Education as a tool for emancipation – learning does
not only liberate people from the bondage of ignorance and
powerlessness, it is also a weapon towards alleviating one’s self from
the claws of poverty
- Globalization parlance: Philippines’ human
resources, the quality of which depends on the learning that are
imparted on them by teachers, need to be strengthened and prepared
to become globally competitive
- Relative economic advantage: Quality education
precedes quality citizenry. A nation which people possess a high
quality of education naturally survives in a regime of strong
competitive labor market

4. INVESTING ON THE PUBLIC SCHOOL TEACHERS
Constitutional grounds
• right of all citizens to quality and accessible education
(Art. XIV, Section 1, 1987 Constitution)
• right of teachers to professional advancement
(Art. XIV, Section 5(4) , 1987 Constitution)
• State to assign 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
(Art. XIV, Section 5(5), 1987 Constitution)
Issues affecting public school teachers
1. Low salary
2. Overwork/overload
3. Lack of program for professional advancement
4. Highly politicized
a. bata-bata system
b. teacher localization versus merit and fitness
c. primary victim in electoral fraud
5. Exploited profession
a. Sexual harassment (Pass or “pants-off”)
b. Kapit-sa-patalim
6. Poverty-stricken profession
a. Teaching cum “entrepreneurial spirit”
b. Grades “for sale”
INVESTING ON THE PUBLIC SCHOOL TEACHERS

5. ISSUES AFFECTING PUBLIC SCHOOL TEACHERS
Legislative History
· June 18, 1966: Magna Carta for Public School
Teachers was enacted
· 11th Congress: Rep. Bellaflor Angara-Castillo
formally filed first proposed Magna Carta amendment
· 12th Congress: Angara-Castillo Bill was
adopted by Rep. Roseller L. Barinaga
· 13th Congress: Reps. Barinaga and Juan
Edgardo Angara filed similar legislative proposals on teachers’
scholarships and other teachers’ benefits bills
· 14th Congress: 11 Bills on teachers filed, consolidated

6. SALIENT FEATURES OF THE AMENDATORY LAW
- Proposed amendment proposes a Magna Carta for Public School
Teachers in the Basic Education
Scope and coverage:
- all persons engaged in the teaching profession at the
public elementary and secondary schools governed
and managed by DepED
- substitute, contractual, probationary or permanent
basis
- those engaged in pre-school education, non-
formal, informal and alternative learning systems
- all other persons performing supervisory and/or
administrative functions including department
heads, assistant school heads, school heads,
divisions and regional supervisors

7. SALIENT FEATURES OF THE AMENDATORY LAW
Not covered by the proposal:
- school nurses, school physicians, school dentists,
and other school administrative, property/supply,
financial, secretarial, human resources support
employees, including janitorial positions and the
like, in the Basic Education System
- public school teachers/educators and professorial
staff in HEIs and SUCs
- school teachers in private schools

8. SALIENT FEATURES OF THE AMENDATORY LAW
1. Authority of school division superintendent to appoint, on temporary
status, applicants who do not meet the minimum qualifications
where there is an absence of applicants for public school teachers
Provided, that:
- unqualified teacher-applicants be required to take LET
- preference in appointments be made in order of their
respective ranks in the LET
2. All year-round appointment and hiring of substitute or replacement
teachers
• Prohibit, where most practicable, teacher “contractualization”
• Where, “contractualization” is an avoidable, appropriate
guidelines be adopted to protect the interest and welfare of
teachers

9. SALIENT FEATURES OF THE AMENDATORY LAW
3. Appointment of public school teachers
• Adherence to merit and fitness principle
• Empowering local school boards to screen and recommend
applicants to any teaching position in the department of
education
Provided, that applicant possesses necessary
qualifications and standards
4. Prohibition against transfer of unqualified teacher
• No teacher can be transferred from one position to another
in which he lacks qualification, skills and experience

10. SALIENT FEATURES OF THE AMENDATORY LAW
1966 Magna Carta
- Probationary appointment not to
exceed 1 year from date of hiring
- Probationary public school
teacher who is allowed to work
continuously after a probationary
period should be regularized
Proposed Amendatory Law
- Probationary appointment not to
exceed 1 year from date of hiring,
unless employment is covered by
contract where hired teacher acts
as substitute teacher where a
longer period exceeding 2 years
is specifically stipulated
- Probationary public school
teacher who is allowed to work
continuously after a probationary
period should be regularized
- Mandatory serving of notice of
hiring to teacher-applicant and to
officially inform him (through the
contract) of the duration of
probation and the conditions for
its satisfactory completion
5. Expanding provisions on probationary appointments

11. SALIENT FEATURES OF THE AMENDATORY LAW
By the DepED
(1) unjustified habitual absenteeism
(2) willful disobedience of DepED’s rules
or insubordination to superior’s
lawful order
(3) poor physical condition, permanent
disability or prolonged illness which
incapacitates the teacher
(4) prolonged classroom inefficiency,
poor performance despite warnings
(5) engaging in violence or other forms
of gross misconduct inside the
school premises
By the public school teacher
(1) substandard/bad working
conditions within the school
(2) repeated contract violations by
competent authority
(3) cruel or inhuman treatment by the
competent authority or any person
within the school structure;
(4) personal problems that prevent
teacher from satisfactorily
performing his job
(5) serious health problem or lingering
illness
6. Defining valid cause to terminate public school teacher on
probationary appointment

12. SALIENT FEATURES OF THE AMENDATORY LAW
7. Guarantee for security of tenure
- Prohibition against terminating permanent teachers except for
just causes and only after due process
- Probationary teachers may be terminated only for just cause
or when he fails to qualify as a permanent teacher in accordance
with reasonable standards stipulated in his appointment papers
and after due process
- An unjustly dismissed public school teacher is entitled to:
1. reinstatement without loss of seniority rights
2. back wages computed from the time compensation
was withheld up to the time of actual reinstatement

13. SALIENT FEATURES OF THE AMENDATORY LAW
8. Mode of assignment, transfer and/or re-assignment
- Priority given to qualified residents of the barangay,
municipality, city or province where the school is located:
1. teacher-applicants must have possessed all minimum
qualifications set forth by DepED; and
2. teacher-applicants must have possessed special
qualification requirements for the position as duly posted
by the concerned office or division of DepED
- Prescriptive period for protests/objections on transfers and/or
re-assignments is 3 months upon issuance of notice of transfer
or re-assignment

14. SALIENT FEATURES OF THE AMENDATORY LAW
9. Provision against diminution in rank and pay for transferred teacher
• rank and pay of transferred and/or re-assigned teacher
cannot be decreased
• where teacher is transferred to higher-paying post, he
should be entitled to that position’s salaries and benefits
10. Advancement and promotion
• Subject to qualification standards, teacher is assured of
opportunities to move from one type or level of school to
another within the education service
• Where a permanent teacher is transferred, he/she is
entitled to retain his/her permanent status

15. SALIENT FEATURES OF THE AMENDATORY LAW
11. Mandatory consent for transfer and/or re-assignment
1966 Magna Carta
- requires consent for transfer of
teacher
Proposed Amendatory Law
- mandatory consent for transfer
and/or re-assignment of teacher
12. Revision of the Code of Professional Conduct and Standards
13. Prohibiting publicity of personalities of teachers
1966 Magna Carta
- prohibits publicity of teachers
being probed during pendency
of case
Proposed Amendatory Law
- prohibits publicity of teachers
being probed during pendency of
case
- but allows publication of specific
cases to stop possible
perpetuation of crime or
misdeamor

16. SALIENT FEATURES OF THE AMENDATORY LAW
14. Prohibiting discriminatory acts
1966 Magna Carta
- prohibits but did not define
specific discriminatory acts
Proposed Amendatory Law
- prohibits and defines specific
discriminatory acts vs teacher’s
civil or economic status,
gender, religious belief, political
as well as sexual orientation in
job application procedures,
hiring, promotion, or discharge
of employees, employee
compensation, job training, and
other terms, conditions,
privileges, benefits, fringe
benefits, incentives or
allowances due him
- identifies schemes of
discriminations common
among teachers

17. SALIENT FEATURES OF THE AMENDATORY LAW
15. Reaffirming and expanding safeguards in disciplinary procedure
• Guaranteed for equitable safeguards in any disciplinary
procedure, including the right to:
1. be informed, in writing, of the charges
2. full access to the evidence in the case
3. defend oneself, be defended by a legal representative
of his choice, and be afforded adequate time for the preparation
of his defense; and
4. appeal to clearly designated authorities

18. SALIENT FEATURES OF THE AMENDATORY LAW
16. Reiterating DepED policy to assign married couple - public school
teachers in same locality
17. Reiterating Academic Freedom guaranteed in RA 4670
18. Reiterating the grant of cost-of-living-allowance (COLA)
19. Reiterating the grant of indefinite leaves
20. Work Hours and Remunerations
1966 Magna Carta
- teacher to engage in actual
classroom instruction of not
more than 6 hours per day
Proposed Amendatory Law
- teacher has choice, to do lesson plan
preparations, test paper checking,
and other work incidental to the
normal teaching duties, at home or
in school, after 6 hours
- additional compensation of 25% of
monthly basic pay when he renders
more than 6 hours but not more
than 8 hours of actual classroom
teaching

19. SALIENT FEATURES OF THE AMENDATORY LAW
20. Work Hours and Remunerations
1966 Magna Carta Proposed Amendatory Law
- Safety clause to avoid abuse:
such actual services must be
official and as authorized by
DepED
- Reduction of teaching load where
the teacher is concurrently
engaged in research, creative
writing, or other productive
scholarship, or is assigned to
perform administrative functions
but the total working hours spent
on both teaching and
administrative or other duties
should not go beyond 15 hours
per week

20. SALIENT FEATURES OF THE AMENDATORY LAW
21. Grant of overtime pay
1966 Magna Carta
- Teacher who is permitted or
required to work beyond 8
hours on ordinary working
days to receive additional
compensation equal to his
regular wage plus at least 25%
of his wage
Proposed Amendatory Law
- Teacher who is permitted or
required to work beyond 8 hours
on ordinary working days to
receive additional compensation
equal to his regular wage plus at
least 25% of his wage
- 25% (of monthly basic pay)
additional compensation for co-
curricula and out-of-school
activities and any other activities
outside of what is defined as
normal duties of a teacher after
completion of at least 6 hours of
actual classroom teaching a day

21. SALIENT FEATURES OF THE AMENDATORY LAW
22. Salary upgrading
• Teacher’s present salary grade level will be upgraded to start at
P 20,000.00 a month
Provided, that:
a) upgrading be based on teacher’s qualifications and
length of service
b) upgrading not to prejudice or be prejudiced by
across the board salary adjustments
c) merit promotion based on performance evaluation
results will treated as separate and distinct from the
upgraded salary provided for under the Magna Carta

22. SALIENT FEATURES OF THE AMENDATORY LAW
23. Other Special Incentives and Allowances
A. Incentives for assignment to another province
- P 3,000.00 additional monthly incentive for teacher
assigned to school located in another province other than
the province of residence
Provided, that the new assignment is located
within DepED’s regional office where his plantilla position
belong
B. Travel incentive allowance
- P 2,500.00 additional monthly allowance for teacher
assigned to school located in another municipality, city
and/or province other than in the municipality, city and/or
province of residence

23. SALIENT FEATURES OF THE AMENDATORY LAW
Provided, that:
- the new assignment is located within the DepED’s
regional office where his plantilla position belongs
- such transfer is officially approved by proper
authority and such authority is final and executory
C. Difficulty differential
- 10% of basic salary in addition to travel incentive allowance
- Considerations in granting difficulty differential:
1. Mode of access and distance
2. Absence of electricity
3.Absence of running water/waterworks system
4. Absence of primary health care facility

24. SALIENT FEATURES OF THE AMENDATORY LAW
24. Safety Provision to avoid abuse in grant of allowances
- Applicability of travel incentive allowance and difficulty
differential
- Applicable only for those officially transferred and/or
re-assigned per DepED lawful orders and directives
- payment for travel incentive allowance and difficulty
differential will be stopped if teacher is eventually
transferred back to his own municipality
25. Longevity pay
- Grant of 10% of monthly basic pay for each 5 years of
continuous, efficient and meritorious service

25. SALIENT FEATURES OF THE AMENDATORY LAW
26. Expanded Special Hardship Allowances
1966 Magna Carta
- Grant of additional allowance
equivalent to 25% of the teacher’s
monthly salary if exposed to
hardship, peril or other hazards
peculiar to the place of
employment
Proposed Amendatory Law
- Grant of additional allowance
equivalent to 25% of the
teacher’s monthly salary if
exposed to hardship, peril or
other hazards peculiar to the
place of employment
- Whether such exposure is of a
permanent and recurrent nature
or otherwise, including but not
limited to exposure to difficulties,
risks or dangers due to the
inaccessability or distant
location of the place of work, or
arising from natural calamities or
effects thereof, or caused by
hostilities between and among
armed elements

26. SALIENT FEATURES OF THE AMENDATORY LAW
27. Expanded medical examination and treatment services
1966 Magna Carta
- Provided only for mandatory once
a year medical examination
- Medical examinations to be
undertaken by the government-
sanctioned health insurance
provider
Proposed Amendatory Law
- Requires a compulsory medical
examination every 6 months of
the teacher’s professional life
- Medical examinations to be
undertaken by the government-
sanctioned health insurance
provider
- Health insurance provider to
reimburse actual expenses
incurred by teacher from private
medical facility
- Qualified dependents of teachers
can avail of benefits while
teacher is in active service

27. SALIENT FEATURES OF THE AMENDATORY LAW
28. Expanded Compensation for Injuries
- monthly pension entitlement of at least P 500.00 for
teacher and legal dependents for permanent partial
disability due to work-related sickness or injury if
teacher is in service for 5 years
- monthly pension entitlement of at least P 800.00 for
teacher and legal dependents for permanent total
disability due to work-related sickness or injury if
teacher is in service for 5 years

28. SALIENT FEATURES OF THE AMENDATORY LAW
29. Provision on income extenders
• Benefits –
• children attending SUCs and government-run HEIs will
be exempt from paying tuition and matriculation fees
• 25% discount for every kilo of rice/corn bought directly
from NFA or its authorized market outlets
• 3% lowered GSIS loan interest rates in any loan
• teachers with children in private schools are priority in
the Study Now, Pay Later Program and other educational
loans

29. SALIENT FEATURES OF THE AMENDATORY LAW
30. Institutionalizing a system of incentives and rewards
• DepED to constitute an Awards Committee for Outstanding
Public School Teachers and establish a system of incentives
and rewards to recognize public school teachers’
outstanding and meritorious services
• Grounds of awards and incentives conferment:
1) years of service
2) quality and consistency of performance
3) the unique and exemplary quality of teacher’s certain
achievement, and
4) other personal circumstances that may impact the
delivery of education

30. SALIENT FEATURES OF THE AMENDATORY LAW
31. Extended educational benefits for legal dependents
• 2 legal dependents to be granted scholarship at SUCs/HEIs
to pursue any bachelor’s degree
• Provided, That:
• children-beneficiaries meet the academic
requirements for admission at the desired SUC/HEIs
• continuity of educational benefits is subject to the
academic standards set by DepED
32. Exemption from taxation
• teachers’ salaries (with regular, temporary or probationary
appointments) will be tax exempt for the first three years of
service

31. 1966 Magna Carta
- 1 school year SL only after 7 years
of service
- to receive at least 60% of monthly
salary during SL period
- limited only to 1 year
- SL of more than 1 year may be
permitted but without
compensation
Proposed Amendatory Law
- 1 school year SL after every 3 years of
service
- full monthly salary and appropriate
allowances during SL period
- 1 year SL flexible to 2 semesters
maximum to finish regular masteral/
doctoral program
- to receive 75% of monthly salary and
appropriate allowances during
extended SL
- After SL grants, teacher to render 3
years government service for every
year of SL
SALIENT FEATURES OF THE AMENDATORY LAW
33. Leave and Retirement Benefits
• Strengthening Study Leave Programs

32. 1966 Magna Carta
- right to freely establish and to join
organizations of their choosing
and without previous
authorization
Proposed Amendatory Law
- right to freely establish and to join
organizations of their choosing and
without previous authorization
- freedom and right to form cooperatives
SALIENT FEATURES OF THE AMENDATORY LAW
34. Reiterating Salary Increase upon Retirement
35. Reiterating Teachers’ to freedom and right to organize
36. Exempting public school teachers from mandatory election duties
37. Budgetary requirements to be provided by the DBM

33. SUMMARY/CONCLUSIONS
• Consolidation of bills is not yet victory for teachers
• Long way to go to achieve success in this struggle
• Hindrances on the way to block teachers’ gains
• congressional priorities (investigations, etc.)
• Malacanang pre-occupations (political instability due to anomalies)
• political turmoil
• less priority in budget allocation
• Call for action and vigilance
• Not enough just to seat back, relax and wait for enactment
• Participation and active involvement is necessary
• Know the nitty-gritty of legislative process and contribute in reforms-
making (this is another interesting subject of matter of lecture)

34. Salamat po