MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

REPUBLIC ACT NO. 4670

JUNE 18, 1966

Former President Ferdinand E. Marcos signed Republic Act 4670 (The

Magna Carta for Public School Teachers) during the first part of his term as
president of the Philippines. This Law is very important in the history of the
teaching profession in the Philippines.

“The Magna Carta for Public School Teachers” was passed into law in
view of providing professional rights and safeguards to our public
school teachers in consideration of the exigency and level of difficulty
of the exercise of their profession. However, the said law has which was
signed on June 18, 1966 remains untouched for more than half a century
now exhibits weaknesses that hamper the improvement of the social and
economic status and working conditions of our public school teachers. The
need for modifications and amendments to strengthen the law is in
order.

HOUSE BILL NO. 8384

AN ACT STRENGTHENING AND EXPANDING THE PROFESSIONAL
RIGHTS AND WORK INCENTIVES OF PUBLIC SCHOOL TEACHERS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 4670, TO BE
KNOWN AS THE EXPANDED MAGNA CARTA FOR PUBLIC SCHOOL
TEACHERS, AND FOR OTHER PURPOSES.

Introduced by Manila Teachers Representative

VIRGILIO S. LACSON
I. DECLARATION OF POLICY COVERAGE
SECTION 1 AND 2

Section 1. Declaration of Policy. It is hereby declared to be the policy of

this Act to promote and improve the social and economic status of public
school teachers, their living and working conditions, their terms of
employment and career prospects in order that they may compare
favorably with existing opportunities in other walks of life, attract and
retain in the teaching profession more people with the proper
qualifications, it being recognized that advance in education depends on
the qualifications and ability of the teaching staff and that education is an
essential factor in the economic growth of the nation as a productive
investment of vital importance.

SECTION 1 : Declaration Policy

PURPOSE :
● Improve the social and economic status
● Improve living and working conditions

TO ENSURE :
● Teaching be comparable to other professions
● Attract and retain qualified teachers.
Section 2. Title Definition. This Act shall be known as the "Magna Carta
for Public School Teachers" and shall apply to all public school teachers
except those in the professorial staff of state colleges and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in
classroom teaching, in any level of instruction, on full-time basis, including
guidance counselors, school librarians, industrial arts or vocational
instructors, and all other persons performing supervisory and/or
administrative functions in all schools, colleges and universities operated
by the Government or its political subdivisions; but shall not include school
nurses, school physicians, school dentists, and other school employees.
SECTION 2 : Title-definition

MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS :

● Covers all teacher in public elementary and secondary schools

TEACHERS :
● All persons engaged in classroom teaching (full time or part
time).
● Guidance counsellors, school librarians, industrial or vocational
instructors.
● Those who are performing supervisory/administrative function

MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS :

● Does not include school nurses, school physicians, school
dentist and other employees.
II. RECRUITMENT AND CAREER
SECTION 3 TO 12

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 least eighteen professional units in Education.

(c) For teachers of secondary vocational and two years technical courses,
Bachelor's degree in the field of 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 hereinabove 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,
preference in making appointments shall be in the order of their respective
ranks in said 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 3 : Recruitment and Qualifications

● Kindergarten and Elementary – B.E Ed. BECED. (Bachelor in

Elementary Education Degrees Major in General Education or in
Preschool education. Bachelor in Early Childhood Education
(replacement for BEED major in Preschool)
● Secondary – BS Ed, BPED
•AB Grad + 18 Prof Ed. units.
•Secondary technical or vocational courses
•BS Grad (relevant specialization) + 18 Prof Ed. Units
● Tertiary – MA degrees

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 provisional appointment.

SECTION 4 : PROBATIONARY PERIOD

Regular Appointment:
● Civil Service Eligibility
● Training and Professional preparation in any school recognized
by the Government

Provisional Appointment: (lack of teachers)

● Minimum educational qualification.
● No Civil service Eligibility.
•Note: 1 year probation from date of provisional appointment
Section 5. Tenure of Office. Stability on 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 5 : SECURITY OF TENURE

● Security of Tenure is guaranteed.

● Provisional status to Permanent/Regular Appointment.

The right to security of tenure means that a regular employee shall

remain employed unless his or her services are terminated for just or
authorized cause and after observance of procedural due process.

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 effected 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
is no justification for the transfer, he may appeal his case to the Director of
Public Schools or the Director of Vocational Education, as the case may be.
Pending his appeal and the decision thereon, his transfer shall be held in
abeyance (suspension) : Provided, however, That no transfers whatever
shall be made three 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 6 : CONSENT FOR TRANSFER

● Transfer is allowed, but with teacher’s consent.

● No transfers whatever shall be made three months before any
local or national election.
● 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 7 : Code of Professional Conduct for Teachers

● Copy of code of Professional Conduct for Public School

Teachers
● Copy at School Principal’s Office
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 9. Administrative Charges. Administrative charges against a

teacher shall be heard initially by a committee composed of the
corresponding School Superintendent of the Division or a duly authorized
representative who should at least have the rank of a division supervisor,
where the teacher belongs, as chairman, a representative of the local or, in
its absence, any existing provincial or national teacher's organization and a
supervisor of the Division, the last two to be designated by the Director of
Public Schools. The committee shall submit its findings and
recommendations to the Director of Public Schools within thirty days from
the termination of the hearings: Provided, however, That where the school
superintendent is the complainant or an interested party, all the members of
the committee shall be appointed by the Secretary of Education.

SECTION 9 : ADMINISTRATIVE CHARGES

● In case there are administrative charges against a teacher, the

charges should be heard and investigated first by a committee
formed by the principal. If it is proven true, it will be heard by higher
body.
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 other than professional
consideration.

SECTION 10 : NO DISCRIMINATION

● Anyone is allowed to enter the teaching profession

● Those individual who really are desirous to be teachers and are
academically, physically, emotionally qualified must not be
discriminated in any manner.

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.

What do you mean by academic freedom?

Academic freedom, the freedom of teachers and students to teach,

study, and pursue knowledge and research without unreasonable
interference or restriction from law, institutional regulations, or public
pressure.
Source: ttps://www.britannica.com/topic/academic-freedom
Sec. 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, which shall be so scheduled as to give him time
for the 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.

Sec. 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
percent 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 percent 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 to Section 19 discuss the criteria for salaries and other
benefits or allowances for teachers. These allowances include Cost of
Living Allowance (COLA) to help teachers augment their income and cope
up with the increasing cost of living. Also included is a Special Hardship
Allowances for teachers assigned in areas where they are exposed to
hardships such as difficulty in commuting to their place or work or other
hazards peculiar to their place of employment. In Section 22 of this Act, a
compulsory annual medical examination is required, and it shall be
provided free of charge for all teachers before they take up teaching, and
once a year during the teacher's professional life. An important provision
was also stipulated in Section 23 whereby all teachers are protected
against the consequences of employment injuries which include the effects
of physical and nervous strain on the teacher's health. R.A. 4670 also
provides opportunities for teachers to avail and enjoy study leave for those
who wish to pursue graduate studies and special trainings in the country or
abroad (Section 24). The Law also provides indefinite leave for teachers
who may be required to take long treatment for some serious illness (Sec.
25). The law also stipulates that all 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 their retirement pay and the monthly
benefits thereafter (Section 26).
As professionals, teachers are free either to form an organization or to join
any local, national, or international organizations (Sec. 27). Their choice of
organization may vary based on their interests and specialization. Section
28 protects public school teachers from any form of discrimination such as
the following:

a. Make the employment of a teacher subject to the condition that

he/she 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/her 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/her from carrying out the duties laid upon him/her by
his/her position in the organization, or to penalize him/her for an
action undertaken in that capacity
REPUBLIC ACT 9223