Discussion about the security of tenure of teachers win the Philippines.

1. SECURIT Y OF
TENURE/
APPOINTMENT
W E N D Y LY N R . L A B AT E T E

2. SECURITY OF TENURE/ APPOINTMENT
• According to Republic Act No. 4670 also known as
the Magna Carta For Public School Teachers approved
and signed on June 18, 1966, under Article II
Recruitment and Career, Section 5. Tenure of Office,
“Stability on employment and security of tenure shall
be assured the teachers as provided under existing
laws.”

3. • Subject to the provisions of Section three
(Recruitment and Qualification) 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.

4. Section 63 or the Probationary Period; Regular or Permanent
states that “A probationary period of not more than three years in
the case of the school teaching personnel and not more than six
months for non-teaching personnel shall be required for
employment in all private schools. A school personnel who has
successfully undergone the probationary period herein specified
and who is fully qualified under the existing rules and standards
of the school shall be considered permanent.
SECURITY OF TENURE IN PRIVATE SCHOOLS
ACCORDING TO MANUAL OF REGULATIONS
FOR PRIVATE SCHOOLS

5. Section 64 or the Security of Employment for Private
Schools states that “Stability and Security of Employment
shall be assured all private personnel as provided for
under this Manual and other applicable laws. School
personnel shall be provided with a contract or
appointment in accordance with their employment status
in school.”

6. • According to Policy Instructions No. 11 issued by the Department of Labor
and Employment, "the probationary employment of professors, instructors
and teachers shall be subject to standards established by the Department of
Education and Culture". Said standards are embodied in paragraph 75 of the
Manual of Regulations for Private Schools, to wit:
75. Full time teachers who have rendered three consecutive years of
satisfactory service shall be considered permanent.
The legal requisites, therefore, for acquisition by a teacher of
permanent employment, of security of tenure, are as follows:
1) the teacher is a full time teacher;
2) The teacher must have rendered three consecutive years of service;
and
3) such service must have been satisfactory.

7. • The standards by which the service of the
probationary teacher may be adjudged satisfactory so
that he may acquire permanence in his employment
or security of tenure, are set by the school. The setting
of those standards, and the determination of whether
or not they have been met, have been held with this
Court to be prerogative of the school, consistent with
academic freedom and constitutional autonomy by
which educational institutions have the right to
choose who should teach.

8. • The acquisition of security of tenure by the teacher in
the manner indicated signifies that he shall
thenceforth have the right to remain in employment
as such teacher until he reaches the compulsory
retirement age in accordance with the rules of the
school or the law. That tenure, once acquired, cannot
be adversely affected or defeated by requiring the
teacher to execute contracts stipulating the
termination of his employment upon the expiration of
a fixed period or term. Contracts of that sort are
anathema and will be struck down as null and void.

9. PUBLIC SCHOOL TEACHERS’ BENEFITS
1. Persons in Authority
Commonwealth Act No. 578
This law recognizes supervisors, teachers, and professors of
public and recognized private schools as persons in authority. Any
person guilty of assault made directly or indirectly upon a
supervisor, teacher, or professor will be subject to penalty or
imprisonment ranging from six months and one day to six years
and a fine from P500.00 to P1,000.00. (Approved, June 8, 1940)

10. 2. Study Leave
Magna Carta’s Section 24 Study Leave states: “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
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.

11. • 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.

12. 3. Maternity Leave
Commonwealth Act No. 647, as amended by Rep. Acts No. 270 and
1564, provides maternity leave to regular and Temporary female who are
married.
A. Regular teachers with two and a half or more years of service
are entitled to 60 days of maternity leave with full pay, while those with
less than two and a half years of service are entitled to 60 days, with half
pay.
B. Temporary teachers with at least two years of service are
entitled to 60 days of maternity leave with half pay.
Republic Act No. 11210, an Act Increasing the Maternity Leave
Period to One Hundred Five (105) Days for Female Workers with an Option
to Extend for an Additional Thirty (30) Days Without Pay, and Granting an
Additional Fifiteen (15) Days for Solo Mothers, and for Other Purposes.

13. 4. Outside Teaching
DepEd Order No. 9, s. 1959 enclosed to B.P.S.
Circular No. 4, s. 1960 and general Letter No. 112, dated
July 11, 1960, allows public school teachers, elementary,
or high school to teach in private evening schools in not
more than 12 hours a week in addition to their regular
loads in their own schools.

14. 5. Retirement Benefits
R.A. 4670, Article V 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.”
A lifetime monthly pension equivalent to 90% of their
monthly salary is given to those who retire at age 60, under
Presidential Decree No. 1146 (Old Age Pension). Under Republic
Act 660 (Magic 87’), an annuity benefit equivalent to 80% of the
monthly salary for the last three years shall be given to those who
retire at the age 63.

15. 6. Indefinite Leave
R.A. 4670, Article V Section 25
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.

16. 7. Vacation and Sick Leave
(Revised Administrative Code Sec. 275, as amended by
Commonwealth Act No. 220 and RA No. 218)
A. Vacation and sick leave are cumulative and any part
which may not be taken within the school calendar year may be
carried over to the succeeding year.
B. A sick teacher who has used his accrued leave
privileges is entitled to go sick leave without pay.
The Department of Education maintains that teachers are
entitled to vacation service credits, which serves as their sick and
vacation leaves.

17. 8. Vacation Pay
As defined in Section 9 of the Civil Service Commission’s
Memorandum Circular No. 41, s. 1998, vacation service credits are
leave credits earned for services rendered on activities during
summer or Christmas vacation, as authorized by proper authority,
or services done beyond the regular functions or beyond regular
work hours/ days where payment of honorarium is not possible in
the course of the regular school year.
Aside from vacation service credits, unique to the teachers is
the Proportional Vacation Pay (PVP). The total PVP that shall be
earned by teachers will be based on the computation to be
provided by DepEd every school year.

18. All teachers, except those who are on vacation and
sick leave basis are on the teacher’s leave basis. They are
all entitled to pay during Christmas and long vacation.
Temporary teachers who have served at least six
months are also entitled to vacation pay. Teacher’s
vacation pay may be commuted or paid in advance.

19. 9. Compulsory Insurance
(Commonwealth Act No. 186, as amended by Rep.
Act Nos. 660 and 1616)
A. Provides for life and retirement insurance.
B. Membership in the GSIS is compulsory upon all
teachers, except those who are substitute, upon all
regularly and permanently appointed school employees.

20. 10. Service Credits
A teacher on the teacher’s leave basis is given
service credit when he asked to work during the vacation
period.
This service credit may be used to offset past and
future absences due to illness or other reasonable cause.

21. 11. Salary Loan
Public school teachers are allowed to borrow money
from the Government Insurance System, an amount not
exceed his monthly salary.
12. Free Medical Consultation
The public school teachers are required to have
annual physical check-up. They are given free medical
consultation by the school physician.

22. RA 4670 Article IV, 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, 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.

23. 13. Compensation for Injuries
Teachers are protected against the consequences of
employment injuries. The effects of the physical and
nervous strain in the teacher’s health shall recognized as
a compensable occupational disease in accordance with
the existing laws.

24. 14. Cost of Living Allowance.
Section 18 (RA 4670), 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
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.

25. 15. Special Hardship Allowances.
Section 19 (RA 4670), 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
to at least twenty-five per cent of their monthly salary.

26. 16. Academic Freedom
(Sec 5, Article XIV of the Philippine Constitution and
by RA No. 4670 which is known as the Magna Carta for
Public School Teachers)
Teachers shall enjoy academic freedom in the
discharge of their professional duties, particularly with
regard to teaching and classroom methods.

27. PRIVELEGES OF TEACHERS IN PRIVATE
SCHOOLS
1. Social Security System
Provides its members the following benefits: death,
disability, sickness, and retirement benefits.
2. Maternity Leave (R.A. 679)
Provides maternity leave to married female teachers in
private schools.

28. 3. Study Leave
Section 105 of the Manual of Regulations for Private Schools
states that “Any school teaching personnel may be granted a study
leave for such period as may be necessary to enhance his
professional qualification, and the period availed of shall be
counted for seniority and retirement purposes, subject to the rules
and policies of the private school.”
4. Vacation Pay
In some private schools or universities, teachers are
given bonuses for extra work done during summer
vacation.

29. 5. Premium and Overtime Pay for Holiday and Rest Day
Section 98 of the Manual of Regulations for Private Schools
states that “Any school personnel performing work on holidays or
on his scheduled rest days, not exceeding eight hours, shall be
paid by the private school his regular salary. For work performed
in excess of eight hours on such days the additional
compensation to be paid shall be equivalent to his rate for the
first eight hours plus at least thirty percent thereof.”

30. 6. Careerism in School Employment
(Under Section 103 of Manual of Regulations of
Private Schools)
Every private school shall have a retirement plan for
its school personnel under permanent status in
accordance with such regulations as may be issued by
the Secretary, in order to foster and enhance their career
prospects in the system. Retirement benefits for part –
time school personnel may likewise be provided for in
accordance for the policies and rules of the school.”

31. 7. Retirement Benefits
(Section 104 of Manual of Regulations for Private
Schools)
Any school personnel may be retired upon
reaching the retirement age established in the rules and
policies collective bargaining, or other applicable
employment contract in each private school. In case of
retirement, the school personnel shall be entitled to
receive such benefits as he may have earned under
existing laws or school rules and policies, or applicable
collective bargaining or other agreements.

32. PHILIPPINE DEPED TEACHERS BENEFITS
AND INCENTIVES
1. Performance Based Bonus (PBB)
This is under E.O. 80 s. 2012 which is supposed to arrive on
February to March. This consists of 50 – 60% of the basic salary of
teachers.
2. Clothing Allowance
This comes in the amount of Php 6,000.00 and is bound to arrive
every April of the year.
3. Mid – Year Bonus
This is under DBM No. 546 and is equal to 1 month basic salary.
This is bound to arrive every May of the year.

33. 4. PVP – Proportional Vacation Pay
(Rule XVI of the Omnibus Civil Service Rules, Sec. 6)
70 days PVP during summer and Christmas break. This is
only for those who have rendered full services during the school
year.
5. Teaching Supplies Allowance (Chalk Allowance)
This comes in the amount of Php5, 000.00 and will come
out June – July.
6. DepEd Anniversary Bonus
This is under DBM No. 452 and is worth Php3, 000.00
which is due on October.

34. 7. Year – end Bonus
This is equal to 1 month basic salary and is due on
November.
8. Cash Gift
This is in the amount of Php5, 000.00 and expect
to receive this on November.
9. PEI (Productivity Enhancement Incentive)
This is also amounting to Php5, 000.00 and expect
to receive this on December.

35. 10. Service Recognition Incentive (SRI)
Given to the government employees to recognize their
collective and unceasing participation in and invaluable
contribution to the Administration’s continuing efforts toward the
establishment of streamlined government processes and more
responsive delivery of public services. In previous years, each of
the following Executive Department workers received an SRI of
not more than ten thousand pesos (Php10, 000.00).
11. Special Hardship Allowance
15% to 25% of monthly salary and this is for teachers
assigned in hardship post.

36. 12. Step Increment
Granted for 3 years of continuous satisfactory
service in the position.
13. Loyalty Cash Incentive
Php5, 000.00 – Php10, 000.00 on 10th year in
service and every 5 years of after 10 years.
14. Travel Allowance
This is Php2, 000.00 monthly for mobile teachers.

37. 15. Personnel Economic Relief Allowance (PERA)
Php2, 000.00 monthly
16. GSIS benefits
Retirement and life insurance premium
17. Phil Health Benefits
Hospitalization and annual physical examination.

38. THANK YOU!!
W E N D Y LY N R . L A B AT E T E