EDUC 10: RIGHTS AND PREVILIGES

BATAS PAMBANSA BILANG 232 “Education Act of 1982”

An Act Providing for the Establishment and Maintenance of an Integrated System of Education

CHAPTER 2 Rights

Section 11. Special Rights and/or Privileges of Teaching or Academic Staff

Further to the rights mentioned in the preceding Section, every member of the teaching or academic
staff shall enjoy the following rights and/or privileges:

1. The right to be free from compulsory assignments not related to their duties as defined in
their appointments or employment contracts unless compensated therefor, conformably to
existing law.
2. The right to intellectual property consistent with applicable laws.
3. Teachers shall be deemed persons in authority when in the discharge of lawful duties and
responsibilities, and shall, therefore, be accorded due respect and protection.
4. Teachers shall be accorded the opportunity to choose alternative career lines either in
school administration, in classroom teaching or others, for purposes of career advancement.

Section 12. Special Rights of School Administration.

School administrators shall, in accordance with existing laws, regulations and policies of the
Ministry of Education, Culture and Sports, be accorded sufficient administrative discretion
necessary for the efficient and effective performance of their protection.

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THE 1987 CONSTITUTION

Section 5. (1) The State shall consider regional and sectoral needs and conditions and shall
encourage local planning in the development of educational policies and programs

(2) Academic freedom shall be enjoyed in all institutions of higher learning (3) Every citizen
has a right to select a profession or course of study, subject to fail, reasonable, and equitable
admission and academic requirements.

(4) The State shall enhance the right of teachers to professional advancement academic and
non-academical personnel shall enjoy the protection of the State.

(5) The State shall assign the 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.

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REPUBLIC ACT NO. 4670

The Magna Carta for Public School Teachers

II. RECRUITMENT AND CAREER

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 leasteighteen 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.

(d) For teachers of courses on the collegiate level, other than vocational master's degree with a
specific area of specialization:

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 personal 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
no justification for the transfer he may appeal his case to the Director of Public Schools or the
Director of Vocational School, as the case may be. Pending his appeal and the decision thereon, bs
transfer shall be held in abeyance: Provided, however, that no transfer whatever shall be made free
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 this 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 the pendency of his case.

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 pound 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.

III. 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 percent 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.

Section 15. Criteria for Salaries. Teachers' 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.

Section 16. Salary Scale.

 Salary scales of teachers shall provide for a gradual progression from 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 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
payment of a cost-of-living index. The Secretary of Education shall 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.

Section 19. 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 by 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
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 he provided free of charge for all teachers before
they take up teaching, and shall be repeated not 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.

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 occupation 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 percent 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 percent
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. TEACHERS 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) 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) 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.