Course: MA in Early Childhood Education

Subject: Educational Laws

Topic: Write – UP
Submitted to: Atty. Allan Pamis
Submitted by: Althea Alabanzas

The Clamor: Should Public School Teachers Get Compensation when Schools are Still
Closed?

Covid 19 has caused havoc around the world and has caused severe the damage to its
economy and the wellbeing of the people around the world. Along with fatality rates Covid 19
brought it has also caused psychosocial impact. It has been found that human behaviors has
already been influenced and has caused acute panic, anxiety, obsessive behaviors and other
psychological problems. However, one of the most dreadful impact aside from death of course it
job and salary retrenchments and job loss.(Dobey.,Ghosh.,et al.,2020) Aljazeera has reported that
the Philippine government has implemented one of the world’s strictest and longest lockdown. It
added that 2.5 million of Filipinos has lost their jobs.
Although the Philippines, eases its lockdown the government decided not to open until
there is a vaccine. Normally schools open in June but, it is pushed back in August 24, 2020.If
that will happen, are public school teachers still be entitled to their compensation? Should it be
No Work No pay? This essay will just focus on Public School Teachers and Private School
Teachers is a different study. RA 4670 also known as Magna Carta for Public School Teachers
did not give clear indication, instruction, or explanation with regards to the matter of
compensation of teachers for instance about the exact number of months Public School Teachers
are paid. There is no direct indication as to whether teacher should be paid for April and May.
However, Windee Cambangon has written in SunStar newspaper that teachers have Proportional
Vacation Pay that enabled teachers to get paid during summer because teachers are not entitled
to the Annual Leave. According to her it is not a Special privilege but, an equivalent to the
privileges by other Public Servants. Proportional Vacation pay can be found in R ule XVI of the
Omnibus Civil Service Rules, Sec 6. Upon this knowledge, teachers are rightful to get paid for
May and June because they have already earned it during the 10 months of service wherein if
they have personal and urgent transaction they have to be absent without pay. However, since,
schools will start on August how about in June and July? Should they still be paid? The
government should be fair about this matter.
There is another way though, teachers still have their 13th month pay and according to
Villaraza & Angangco there is no legal requirement for employers to advance the whole or pro-
rated 13th month pay of its employees in light of the COVID-19 pandemic. Nonetheless, and
consistent with the recent public statements of President of the Philippines, employers may, as an
exercise of their management prerogative, grant its employees’ 13th month pay in advance,
whether in whole or pro-rated, as a means for mitigating the effects of the COVID-19 pandemic.
In recognition to the role of teachers in nation building by virtue of Presidential Decree No.
851,13th month pay for teachers is institutionalized. Inquirer. Net has announced that the 13th
month pay of the teachers was released by May 15, 2020. Clothing allowance and salary for
April and May were also released in advance. So then, if the compensations and allowanced
were released early is it justifiable that teachers should be paid for 2 months. Proportional
Vacation Pay and 13th pay would not justify it.
March 4, 2020, Department of Labor has called for Flexiwork to make arrangements to
save jobs and combat job loss. Based on DOLE Department Advisory 2. S.2009 it refers to
alternative work schedules. By reading it, it does not have direct implications on public school
teachers but, it more to support the private sectors and there is no mention of distance learning of
any kind. On the other hand, Republic Act No. 11165 or the Telecommuting Act declares
telecommuting as an alternative work arrangement that employers may implement upon
agreement with their employees. I believe this Act, would support the teacher’s salary for 2
months if schools are already open.
May 28, 2020, Dep.Ed Memo 53.s.2020 entitled Joint Implementation Guidelines on the
2020 Brigada Eskwela and Oplan Balik Eskwela Relative to Covid19 Situation. It states that the
traditional Balik Eskwela will no longer happen in May “otherwise provided by another Dep.Ed
Issuance”. Meaning it could happen that there will still be cleaning of schools 2 weeks before the
opening of schools in August 24 and the protocols for all others concerned while executing their
duties.It also explains the New concept of Brigada Eskwela which will tuned more in
preparations and strengthening partnership engagements to ensure learning still continues, for
instance information dissemination with regards to enrolment among other things. Brigada
Eskwela and Oplan Balik Eskwela will begin in June 1 to August 29, 2020. Dep.Ed order No. 13
2020 states that public and private schools may choose several modalities to implement their
respective curriculum. They may opt for blended learning, modular learning, radio- based
instruction etc. And because of these, I guess it is safe to say that Public School teachers can
justify their compensation and that there is job security for them and there won’t be clamor about
the compensations they received and will receive because, after all there is work and when there
is work there is pay.