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AMENDING RA 4670

MAGNA CARTA FOR THE PUBLIC SCHOOL TEACHERS

(An Investment on the Public School Teachers)


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
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 ones 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
INVESTING ON THE PUBLIC SCHOOL
TEACHERS
Issues affecting public school teachers

1.Low salary

2.Overwork/overload

3.Lack of program for professional advancement

4.Highly politicized
bata-bata system
1. teacher localization versus merit and fitness
primary victim in electoral fraud

Exploited profession
Sexual harassment (Pass or pants-off)
Kapit-sa-patalim

Poverty-stricken profession
1. Teaching cum entrepreneurial spirit
2. Grades for sale
ISSUES AFFECTING PUBLIC SCHOOL
TEACHERS

Legislative

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


SALIENT FEATURES OF THE
AMENDATORY
- Proposed LAW
Teachers

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
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


SALIENT FEATURES OF THE
AMENDATORY
1. Authority LAW
status,
where there is an absence of applicants
Provided, that:
- unqualified teacher-applicants be required to take LET
- preference in appointments be made in order of their respective ranks
in the LET

All year-round teachers


Prohibit, where most practicable, teacher contractualization
Where, contractualization is an avoidable, appropriate
guidelines be adopted to protect the interest and welfare of
teachers
SALIENT FEATURES OF THE
AMENDATORY
3. Appointment LAW
Adherence to merit and fitness principle

3. 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

Prohibition

No teacher can be transferred from one position to another


in which he lacks qualification, skills and experience
SALIENT FEATURES OF THE
AMENDATORY
5. Expanding LAW
1966 Magna Carta Proposed Amendatory Law

- Probationary appointment not to -Probationary appointment not to


exceed 1 year from date of hiring 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 -Probationary public school


teacher who is allowed to work teacher who is allowed to work
continuously after a probationary continuously after a probationary
period should be regularized 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
SALIENT FEATURES OF THE
AMENDATORY
6. Defining probationary LAW

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

reinstatement without loss of seniority rights

back wages computed from the time compensation was


withheld up to the time of actual reinstatement
SALIENT FEATURES OF THE
AMENDATORY
8. Mode of LAW

-Priority given to qualified residents of the barangay, municipality,


city or province where the school is located
teacher-applicants must have possessed all minimum
qualifications set forth by DepED; and

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
SALIENT FEATURES OF THE
AMENDATORY
9. Provision
LAW
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 positions salaries and benefits

Advancement
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
SALIENT FEATURES OF THE
AMENDATORY LAW
Proposed Amendatory Law
11. Mandatory
- mandatory consent for
1966 Magna Carta transfer and/or re-
- requires consent for transfer of teacher assignment of teacher

Revision

Prohibiting
Proposed Amendatory Law
1966 Magna Carta -prohibits publicity of
- prohibits publicity of teachers being teachers being probed during
probed during pendency of case pendency of case

-butallows publication of
specific cases to stop possible
perpetuation of crime or
misdeamor
SALIENT FEATURES OF THE
AMENDATORY LAW
Proposed Amendatory Law
14. Prohibiting
-prohibits and defines specific
1966 Magna Carta discriminatory acts vs teachers
civil or economic status,
- prohibits but did not define gender, religious belief, political
specific discriminatory acts 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
SALIENT FEATURES OF THE
AMENDATORY LAW
15. Reaffirming

Guaranteed for equitable in any disciplinary


safeguards 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

1.appeal to clearly designated authorities


SALIENT FEATURES OF THE
AMENDATORY LAW
16. Reiterating teachers

17. Reiterating Academic Freedom guaranteed

18. Reiterating

19. Reiterating

20. Work Hours

1966 Magna Carta Proposed Amendatory Law


- teacher to engage in - teacher has choice, to do lesson
actual classroom plan preparations, test paper
instruction of not more checking, and other work
than 6 hours per day 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
SALIENT FEATURES OF THE
AMENDATORY
20. Work Hours LAW
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
SALIENT FEATURES OF THE
AMENDATORY
21. Grant of LAW
1966 Magna Carta
- Teacher who is permitted or Proposed Amendatory Law
required to work beyond 8 hours on -Teacher who is permitted or
ordinary working days to receive required to work beyond 8
additional compensation equal to hours on ordinary working days
his regular wage plus at least 25% to receive additional
of his wage 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
SALIENT FEATURES OF THE
AMENDATORY
22. Salary LAW
Teachers present salary grade level will be upgraded to start at P
20,000.00 a month

Provided, that:

upgrading be based on teachers qualifications and length of


service

22.upgrading not to prejudice or be prejudiced by across the


board salary adjustments

merit promotion based on performance evaluation results


will treated as separate and distinct from the upgraded salary
provided for under the Magna Carta
SALIENT FEATURES OF THE
AMENDATORY
23. Other LAW
A. Incentives for assignment to another province

A.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 DepEDs regional office where his plantilla position belong

23.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
SALIENT FEATURES OF THE
AMENDATORY
Provided, that: LAW
- the new assignment is located within the DepEDs regional office
where his plantilla position belongs
- such transfer is officially approved by proper authority and such
authority is final and executory

Difficulty differential
- 10% of basic salary in addition to travel incentive allowance
- Considerations in granting difficulty differential:
Mode of access and distance
Absence of electricity
Absence of running water/waterworks system
Absence of primary health care facility
SALIENT FEATURES OF THE
AMENDATORY
24. Safety
LAW
-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

- Grant of 10% of monthly basic pay for each 5 years of continuous,


efficient and meritorious service
SALIENT FEATURES OF THE
AMENDATORY
26. Expanded LAW
1966 Magna Carta Proposed Amendatory Law
- Grant of additional allowance -Grant of additional allowance
equivalent to 25% of the teachers equivalent to 25% of the
monthly salary if exposed to teachers monthly salary if
hardship, peril or other hazards exposed to hardship, peril or
peculiar to the place of employment 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
SALIENT FEATURES OF THE
AMENDATORY LAW Proposed Amendatory Law
27. Expanded
- Requires a compulsory medical
examination every 6 months of
the teachers professional life
1966 Magna Carta
-Provided only for mandatory once - Medical examinations to be
a year medical examination undertaken by the government-
sanctioned health insurance
-Medical examinations to be provider
undertaken by the government-
sanctioned health insurance - Health insurance provider to
provider reimburse actual expenses
incurred by teacher from
private medical facility

- Qualified dependents of
teachers can avail of
benefits while teacher is in
active service
SALIENT FEATURES OF THE
AMENDATORY
28. Expanded LAW
-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
SALIENT FEATURES OF THE
AMENDATORY
29. Provision LAW
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
SALIENT FEATURES OF THE
AMENDATORY
30. Institutionalizing
LAW
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:


30.years of service
31.quality and consistency of performance
the unique and exemplary quality of teachers certain
achievement, and
other personal circumstances that may impact the
delivery of education
SALIENT FEATURES OF THE
AMENDATORY
31. Extended LAW
2 legal dependents to be granted scholarship at SUCs/HEIs to
pursue any bachelors degree

31.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
teachers salaries (with regular, temporary or probationary
appointments) will be tax exempted for the first three years of
service
SALIENT FEATURES OF THE
AMENDATORY LAW
34. Reiterating

35. Reiterating
1966 Magna Carta Proposed Amendatory Law
- right to freely establish and to join -right to freely establish and to join
organizations of their choosing organizations of their choosing and
and without previous without previous authorization
authorization
-freedom and right to form
cooperatives

36. Exempting

37. Budgetary
Consolidation
Long way
Hindrances
congressional priorities (investigations, etc.)
Malacanang pre-occupations (political instability due to anomalies)
political turmoil
less priority in budget allocation

Call for
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)