The Magna Carta For Public School Teachers
The Magna Carta For Public School Teachers
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 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 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 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 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 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: 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 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;
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
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 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 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.
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, 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 per cent of his basic pay.
Section 14. Additional Compensation. – Notwithstanding any provision of existing law to the contrary, co-curricula 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. – Teacher’s 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 a 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 scales 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 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 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 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 under the
laws of the Republic of the 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.
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.
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 occupational disease in accordance with existing laws.
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 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.
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.
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.
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) to 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) to 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.
Section 29. National Teacher’s Organizations. – National teachers’ organizations shall be consulted in the formulation
of national educational policies and professional standards, and in the formulation of national policies governing the
social security of the teachers.
Section 30. Rules and Regulations. – The Secretary of Education shall formulate and prepare the necessary rules
and regulations to implement the provisions of this Act. Rules and regulations issued pursuant to this Section shall
take effect thirty days after publication in a newspaper of general circulation and by such other means as the
Secretary of Education deems reasonably sufficient to give interested parties general notice of such issuance.
Section 31. Budgetary Estimates. – The Secretary of Education shall submit to Congress annually the necessary
budgetary estimates to implement the provisions of the Act concerning the benefits herein granted to public school
teachers under the employ of the National Government.
Section 32. Penal Provision. – A person who shall wilfully interfere with, restrain or coerce any teacher in the exercise
of his rights guaranteed by this Act or who shall in any other manner commit any act to defeat any of the provisions of
this Act shall, upon conviction, be punished by a fine of not less than one hundred pesos nor more than one thousand
pesos, or by imprisonment, in the discretion of the court.
If the offender is a public official, the court shall order his dismissal from the Government service.
Section 33. Repealing Clause. – All Acts or parts of Acts, executive orders and their implementing rules inconsistent
with the provisions of this Act are hereby repealed, amended or modified accordingly.
Section 34. Separability Clause. – If any provision of this Act is declared invalid, the remainder of this Act or any
provisions not affected thereby shall remain in force and in effect.
Section 35. This Act shall take effect upon its approval
AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE
OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE
EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES.
SECTION 1. Short Title. — This Act shall be known as the "Philippine Teachers
Professionalization Act of 1994."
Sec. 2. Statement of Policy. — The State recognizes the vital role of teachers in nation-
building and development through a responsible and literate citizenry.Towards this end, the
State shall ensure and promote quality education by proper supervision and regulation of
the licensure examination and professionalization of the practice of the teaching
profession.cralaw
(a) The promotion, development and professionalization of teachers and the teaching
profession; and
(b) The supervision and regulation of the licensure examination.
Sec. 4. Definition of Terms. — For purposes of this Act, the following terms shall mean:
The chairman and the voice-chairman of the Board shall be appointed from these five (5)
members by the President: Provided, That the members of the first Board appointed under
this Act shall be automatically registered as professional teachers and issued with the
certificate of registration and professional license upon payment of the fees for examination,
registration, and other fees prescribed by the Commission.
Sec. 6. Duties and Function of the Board. — The Board shall have the following duties
and functions:
(a) Promulgate, administer and enforce rules and regulations necessary for carrying out
the provisions of this Act in accordance with the charter of the Professional Regulation
Commission;
(b) Determine and fix the frequency, dates, and places of examination, appoint
supervisors, proctors, and other personnel as needed who shall be entitled to a daily
allowance to be fixed by the Board for every examination day actually attended, use
buildings and facilities of public or private schools for examination purposes;
(c) Issue, suspend, or revoke the certificate of registration for the practice of the
teaching profession;
(d) Prescribe and collect examination and other fees as it may deem proper;
(e) Prescribe and/or adopt a code of ethical and professional standards for the practice of
the teaching profession.Such ethical standards, rules and regulations to take effect sixty
(60) days after its publication in the Official Gazette or in any newspaper of general
circulation;
(f) Administer oaths in connection with the administration of this Act;
(g) Supervise and regulate the registration, licensure and practice of professional teachers
in the Philippines;
(h) Adopt an official seal of the Board;cralaw
(i) Look into the conditions affecting the practice of the teaching profession and
whenever necessary, adopt such measures as may be deemed proper for the enhancement
and maintenance of high professional and ethical standards of the profession;
(j) Ensure that all educational institutions offering elementary and secondary education
comply with the essential requirements for curricula, faculty and facilities for the elementary
and secondary levels;
(k) Investigate such violations of this Act, the rules and the code of ethical and
professional standards for professional teachers as it may come to the knowledge of the
Board, and for this purpose, to issue subpoena and subpoena duces tecum to secure the
appearance of witnesses and the production of documents in connection therewith; and
(l) Discharge such other powers, duties and functions as the Board may deem necessary
for the practice of the teaching profession and the upgrading, enhancement, development
and growth of education in the Philippines.
Sec. 7. Term of Office. — The members of the Board shall hold office for a term of three
(3) years from the date they assume office: Provided, That the first appointees to the Board
under this Act shall hold office according to the following terms: one (1) member shall serve
for one (1) year; one (1) member for two (2) years; the chairman, vice-chairman, and one
(1) member for three (3) years. Vacancies shall be served for the unexpired term only. No
person who has served for two (2) consecutive terms shall be eligible for
reappointment.Appointment to fill an unexpired term shall be considered an appointment to
a complete term.
The chairman or any member shall take his oath of office prior to the performance of his
duties.
Sec. 8. Qualification of Board Members. — Each Board member must at the time of his
appointment:
(a) Be a citizen and resident of the Philippines;
(b) Be at least thirty-five (35) years of age, of proven integrity, and possessed of high
moral values in his personal as well as professional conduct and has not been convicted of
any offense involving moral turpitude;
(c) Be a holder of the degree of Bachelor of Arts or Bachelor of Science in Education and
preferably a holder of a master's or doctorate degree in education, or their equivalents,
from a university, school, college, academy or institute duly constituted, recognized and/or
accredited by the Philippine government;
(d) Be a professional teacher with a valid certificate of registration and valid professional
license, save those members who shall compose the first Board for Professional Teachers;
(e) Has been a professional teacher in the active practice of the teaching profession for at
least ten (10) years in the elementary and secondary level; and
(f) Not be an official or member of the faculty of, nor have pecuniary interest in any
university, college, school, or institution conferring a bachelor's degree in education or its
equivalents for at least three (3) years prior to his appointment, and neither connected with
a review center or with any group or association where review classes or lectures in
preparation for the licensure examination are offered or conducted.
Provided, however,That, the membership to the Board shall be evenly distributed to cover
all levels of education, including equitable representation of the different fields of
specialization.
Sec. 10. Supervision of the Board and Custodian of its Records. — The Board shall be
under the supervision and control of the Commission. All records, including applications for
examination, examination papers and results, minutes of deliberation, administrative cases
and investigative cases and investigations involving professional teachers shall be kept by
the Commission.
Sec. 11. Secretariat and Support Services. — The Professional Regulation Commission,
through its chairman, shall provide the secretariat and other support services to implement
effectively the provisions of this Act.cralaw
Sec. 12. Removal of a Board Member. — The chairman or any member of the Board may
be removed by the President of the Philippines upon recommendation of the Commission for
neglect of duty, incompetence, unprofessional, unethical, immoral or dishonorable conduct,
commission or toleration of irregularities in the examination, after having been given the
opportunity to defend himself in a proper administrative investigation.
In the course of investigation, the President may preventively suspend the respondent.
(a) A citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession;
(b) At least eighteen (18) years of age;
(c) In good health and of good reputation with high moral values;
(d) Has not been convicted by final judgment by a court for an offense involving moral
turpitude;
(e) A graduate of a school, college or university recognized by the government and
possesses the minimum educational qualifications, as follows:
Sec. 16. Report of the Results of the Examination. — The Board shall, within one
hundred twenty (120) days after the examination, report the ratings obtained by each
candidate to the Professional Regulation Commission for approval and appropriate action.
Every registrant who has satisfactorily met all the requirements specified in this Act shall,
upon payment of the registration fee, be issued a certificate of registration as a professional
teacher bearing the full name of the registrant with serial number and date of issuance
signed by the chairman of the Commission and the chairman, vice-chairman, and members
of the Board, stamped with the official seal, as evidence that the person named therein is
entitled to practice the profession with all the rights and privileges appurtenant thereto. The
certificate shall remain in full force and effect until withdrawn, suspended and/or revoked in
accordance with law.cralaw
A professional license signed by the chairman of the Commission and bearing the
registration number and date of issuance thereof and the month of expiry or renewability
shall likewise be issued to every registrant who has paid the annual registration fees for
three (3) consecutive years. This license shall serve as evidence that the licensee can
lawfully practice his profession until the expiration of its validity.
Sec. 18. Oath Before Practice. — Every registrant shall be required to take his
professional oath before practicing as a professional teacher.
Sec. 20. Failure to Pass the Merit Examination. — If a teacher fails to pass the merit
examination, he or she shall be allowed to take the examination for a second time. Should
he or she fail to pass the merit examination for the second time, then he or she shall be
required to take a DECS accredited refresher course or program before being allowed to
retake the examination.
Failure of any permanent teacher to pass the merit examination shall not, however, be used
as a ground for his/her dismissal or demotion.
Sec. 21. Incentives. — Teachers who pass the merit examination shall:
Similar incentives shall be given to teachers who make inventions, develop new methods of
teaching, write a book or books and create works of artistic merit.
Sec. 22. Integration of the Teaching Profession. — The teaching profession shall be
integrated into one national organization which shall be recognized by the Board and the
Commission as the one and only integrated and accredited association of professional
teachers. Upon registration with the Board, every professional teacher shall be encouraged
to become a member of the integrated national organization. Those who have been
registered with the Board but are not members of the said integrated organization shall be
allowed to register as members of the said integrated organization within three (3) years
after the effectivity of this Act. Membership in the integrated organization shall not be a bar
to membership in other associations of the teaching profession. The professional teachers
shall receive the benefits and privileges appurtenant to their membership in the said
integrated and accredited organization of professional teachers only upon payment of the
required membership fees and dues.
Sec. 23. Revocation of the Certificate of Registration, Suspension from the Practice
of the Teaching Profession, and Cancellation of Temporary or Special Permit. — The
Board shall have the power, after due notice and hearing, to suspend or revoke the
certificate of registration of any registrant, to reprimand or to cancel the temporary/special
permit of a holder thereof who is exempt from registration, for any of the following causes:
The decision of the Board to revoke or suspend a certificate may be appealed to the regional
trial court of the place where the Board holds office within fifteen (15) days from receipt of
the said decision or of the denial of the motion for reconsideration filed in due time.
Sec. 26. Registration and Exception. — Two (2) years after the effectivity of this Act, no
person shall engage in teaching and/or act as a professional teacher as defined in this Act,
whether in the preschool, elementary or secondary level, unless he is a duly registered
professional teacher, and a holder of a valid certificate of registration and a valid
professional license or a holder of a valid special/temporary permit.
Upon approval of the application and payment of the prescribed fees, the certificate of
registration and professional license as a professional teacher shall be issued without
examination as required in this Act to a qualified applicant, who at the time of the approval
of this Act, is:
(1) An elementary or secondary teacher for five (5) years in good standing and a
holder of Bachelor of Science in Education or its equivalent; or
(2) An elementary or secondary teacher for three (3) years in good standing and a
holder of a master's degree in education or its equivalent.
Provided, That they shall be given two (2) years from the organization of the Board for
professional teachers within which to register and be included in the roster of professional
teachers: Provided, further, That those incumbent teachers who are not qualified to register
without examination under this Act or who, albeit qualified, were unable to register within
the two-year period shall be issued a five-year temporary or special permit from the time
the Board is organized within which to register after passing the examination and complying
with the requirements provided this Act and be included in the roster of professional
teachers: Provided, furthermore, That those who have failed the licensure examination for
professional teachers shall be eligible as para-teachers and as such, shall be issued by the
Board a special or temporary permit, and shall be assigned by the Department of Education,
Culture and Sports (DECS) to schools as it may determine under the circumstances.
Sec. 28. Penal Provisions. — The following shall be punishable by a fine of not less than
Five thousand pesos (P5,000.00) nor more than Twenty thousand pesos (P20,000.00) or
imprisonment of nor less than six (6) months nor more than five (5) years, or both, at the
discretion of the court:cralaw
(a) Any person who practices the teaching profession in the Philippines without being
certified in accordance with the provisions of this Act;
(b) Any person who represents or attempts to use as his own certificate of registration
that of another;
(c) Any person who gives any false, or fraudulent evidence of any kind to the Board or
any member thereof in obtaining a certificate of registration as teacher;
(d) Any person who impersonates any registrant of the same or different name;
(e) Any person who uses a revoked or suspended certificate of registration;
(f) Any person who, in connection with his name, otherwise assumes, uses or advertises
any title or description tending to convey or conveys the impression that he is a teacher
without holding a valid certificate; and
(g) Any person who violates or who abets the violation of any of the provisions of this
Act.
The penalty of fine or imprisonment or both, as provided in this section, shall also apply to
any school official who shall cause or be responsible for the commission of any of the above-
enumerated acts.
Sec. 29. Appropriations. — Such sums as may be necessary to carry out the provisions of
this Act shall be included in the 1996 General Appropriations Act and thereafter.
Sec. 30. Implementing Guidelines. — The Board shall formulate and adopt the necessary
guidelines for the effective implementation of the provisions of this Act within sixty (60)
days of its approval.cralaw
The Board shall submit to both Committees on Education, Arts, and Culture; and the
Committees on Civil Service and Professional Regulation of the Senate and House of
Representatives, copies of the implementing rules and guidelines within thirty (30) days
after its promulgation.
Any violation of this section shall render the official/s concerned liable under Republic Act
No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees" and other pertinent administrative and/or penal laws.
Sec. 31. Transitory Provision. — All incumbent teachers in both the public and private
sector not otherwise certified as professional teachers by virtue of this Act, shall be given
(5) years temporary certificates from the time the Board for Professional Teachers is
organized within which to qualify as required by this Act and be included in the roster of
professionals.
Provided, however, That the Professional Board Examination for Teachers (PBET) shall still
be administered by the Civil Service Commission and the Department of Education, Culture
and Sports for the year 1995.cralaw
Sec. 32. Separability Clause. — If, for any reason, any section or provision of this Act or
the application of such section or provision to any person or circumstance is declared
unconstitutional or invalid, no other section or provision of this Act shall be affected
thereby.
Sec. 33. Repealing Clause. — All laws, presidential decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed
or modified accordingly.
Sec. 34. Effectivity Clause. — This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or in two (2) newspapers of general circulation.
AN ACT TO STRENGTHEN TEACHER EDUCATION IN THE PHILIPPINES BY
ESTABLISHING CENTERS OF EXCELLENCE, CREATING A TEACHER EDUCATION
COUNCIL FOR THE PURPOSE, APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
SECTION 1. Declaration of Policy – It is the declared policy of the State to protect and
promote the right of all citizens to quality education at all levels and shall take appropriate
steps to make such education accessible to all. It is likewise universally recognized that
the teacher is the key to the effectiveness of the teaching-learning process by drawing
out and nurturing the best in the learner as a human being and a worthy member of
society Thus, this Act aims to provide and ensure quality education by strengthening the
education and training of teachers nationwide through a national system of excellence for
teacher education.
Our vision is a teacher education system whose mission is to educate an train teachers
of unquestionable integrity and competence, and who are committed to their continuing
professional growth and obligation to help their students grow as responsible individuals
and citizens of the Philippines and of the world.
(a) “Teacher” shall mean all persons engaged in the classroom teaching of any subject,
including practical/vocational arts, at the elementary and secondary levels of instruction
including persons performing guidance and counseling, instructional supervision in all
private or public education institutions, but shall not include school nurses, school
physicians, school dentists, school administrators, and other school administrative
support employees. Graduates of education who have passed the government
examination for teachers although not actually employed as such, are hereby included in
this definition.
(b) “Teacher education” shall mean the pre-service education, in-service education, and
graduate education of teachers, in various areas of specialization.
(c) “Excellence” pertains to the efficient, effective and innovative delivery of relevant,
functional, and quality programs in teacher education, training, research and community
service.
(d) “Center of excellence” shall be a public or private college, institute, school or agency,
engaged in the pre-service and continuing education, formal and non-formal, of teachers
and teacher educators, that has established and continues to maintain a track record in
teacher education (in terms of number of graduates and their performance in the
government examination for teachers and their professional achievement), research, and
community service; whose graduates are models of integrity, commitment and dedication
in education. The centers of excellence may exist by themselves or within a university or
college.
Should the need arise, certain centers of excellence for teacher education at the
provincial level may later be identified and developed.
The criteria in identifying schools and colleges as centers of excellence shall include the
following: (a) highly educated, professionally qualified and experienced faculty dedicated
to the philosophy, mission, vision and goals of the institution and education; (b) well-
selected students; (c) adequate library, research and study facilities; (d) competent
administrative and support staff; (e) well-planned and relevant instructional programs; (f)
adequate student development programs; (g) adequate student services; (h) relevant
extension service and outreach programs; (i) percentage of graduates who become
teachers; and (j) such other criteria as may be established and operationalized by the
Teacher Education Council.
The Teacher Education Center of Excellence shall form a national network which in turn
shall network with elementary schools, high schools and/or a part thereof for laboratory
purposes.
Any center of excellence that is established shall be maintained for at least five (5) years
before any proposal or review is made to transfer it elsewhere.
(a) Experiment and try out relevant and innovative pre-service/in-service teacher
education/training programs;
(b) Organize and coordinate collaborative research on identified areas for systematic
investigation in teacher education as basis for improving teacher education programs;
(d) Serve as the central node for networking specific disciplines in teacher education in
the region;
(e) Provide professional assistance to Teacher Education Institutions (TEIs) that have
expressed the need for such assistance;
(f) Encourage mutual support among TEIs in the region for upgrading and improving their
programs; and
SEC. 5. Creation of the Teacher Education Council. – There shall be a Teacher Education
Council composed of eleven (11) members with the Secretary of Education, Culture and
Sports as ex officio chairman, and three (3) other ex officio members, namely: a
Commissioner of the Commission on Higher Education (CHED), a representative of the
National Commission on Culture and Arts (NCCA), and the Chairman of the Professional
Regulations Commission (PRC).
The seven (7) regular members of the Council who shall be appointed by the President
of the Republic of the Philippines are:
(a) Three (3) representatives of centers of teacher education: one (1) from Luzon, one (1)
from the Visayas, and one (1) from Mindanao who shall take into account the views of the
parents-teachers and community associations, student associations, nongovernmental
organizations, and people organizations concerned with basic education;
The other officers of the Council shall be elected by the members from among the regular
members.
The members of the Council shall serve without any compensation but shall be
reimbursed for actual and necessary expenses incurred by them in carrying out their
duties under this Act.
The Council shall meet at least four (4) times a year and hold such other meetings at the
call of the chairman or a majority of the members.
All regular members of the Council shall hold office for a -period of three (3) years.
SEC 6. Criteria for the Selection of Regular Council Members. – The criteria for the
selection of the regular Council members are as follows:
(a) Integrity;
SEC. 7. Powers and Functions of the Council. – The Council shall have the following
powers and functions:
(a) To identify and designate among existing private and public schools, teacher
education institutions as Centers of Excellence for Teacher Education, at the national,
regional, and provincial levels;
(b) To formulate policies and standards that shall strengthen and improve the system of
teacher education in all existing public and private schools;
(c) Initiate a periodic review of curricula and programs for teacher education and training
through participatory methods, such as self-assessment by institutions;
(d) To adopt an adequate and effective system of incentives such as scholarship grants,
loan programs, subsidies, stipends and other similar benefits and incentives, in order to
attract and encourage outstanding high school graduates whether from public or private
schools, to pursue teacher education;
(f) Design collaborative programs or projects that will enhance pre-service teacher
training, in-service training, re training, orientation, and teacher development;
(g) To direct the conduct of relevant studies as may be needed in the formulation of
policies and in the planning and successful implementation of plans, programs and
projects required in attaining the purposes of this Act;
(h) To review existing and recommend new legislation and policies of the government in
order to improve teacher education and promote the welfare of teachers;
(i) To recommend appropriate measures to the President, Congress, and heads of other
government offices and agencies to improve, enhance and strengthen teacher education;
and
(j) To call upon any department, bureau, office, or government corporation, local
government unit and other concerned agencies for assistance in areas falling within their
mandate.
SEC. 8. Secretariat. – The Council shall organize and appoint a secretariat headed by an
executive director, that shall assist the Council in executing its policies and programs and
provide the necessary administrative support therefor.
SEC. 9. Active Participation of Local Government Units. -Local government units shall
include in their plans, programs, and projects the development and’ improvement of
teacher education through the centers of excellence in their respective regions.
SEC. 10. Appropriation. – The sum of One hundred million pesos (P100, 000,000) is
hereby authorized to be appropriated from the income of duty-free shops or otherwise
known as the Trust Liability Account of the Department of Tourism, for the initial
organizational and developmental activities of the Centers and the Council: Provided,
however, That .lot more than five percent (5%) shall be devoted to Council’s expenses.
Thereafter, such amount as may be necessary to carry out the provisions of this Act shall
be included in the annual budget of the Department of Education, Culture and Sports.
SEC. 11. Implementing Rules and Guidelines. – The Teacher Education Council created
under this Act shall promulgate the implementing rules and regulations sixty (60) days
from the approval of this Act.
SEC. 12. Repealing Clause. – All laws, presidential decrees, rules or regulations or parts
thereof inconsistent with the provisions of this Act arc hereby repealed or modified
accordingly.
SEC 13. Effectivity Clause. – This Act shall lake effect upon its approval.
WHEREAS, the Constitution provides that “All educational institutions shall be under the
supervision of; and subject to regulation by, the State”, and requires that “the State shall establish
and maintain a complete, adequate and integrated system of education relevant to the goals of
national development”;
WHEREAS, in the pursuit on these objectives, the Department of Education and Culture has
adopted ways and means of overseeing all the educational institutions in the country;
WHEREAS, this supervisory function of the DEC has been primarily beamed towards insuring
that the educational institutions inculcate in the studentry love of the country, teach the duties of
citizenship, and develop moral character, personal discipline, and scientific, technological and
vocational efficiency;
WHEREAS, to implement these objectives, the institutions have relied upon their teachers whose
direct and continuing interaction with the young people and the children make them potent forces
for the development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of the teaching population, comprising in
the civil service sector alone more than 300,000 teachers deployed all over the country;
WHEREAS, to insure that in the immediacy and urgency of teacher recruitment qualitative
requirements are not overlooked, it has become necessary to regulate the teaching profession;
WHEREAS, although teaching requires a number of years of collegiate study, it is the only course
that it is not yet considered a profession;
Section 1. Title. This Decree shall be known as the Decree Professionalizing Teaching.
Section 2. Declaration of Policy. It is hereby declared a policy that teacher education shall be
given primary concern and attention by the government and shall be of the highest quality, and
strongly oriented to Philippine conditions and to the needs and aspirations of the Filipino people
even as it seeks enrichment from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree, the following shall be construed as follows:
(a) Teaching refers to the profession primarily concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with the curriculum prescribed by National Board
of Education, whether on part-time or full-time basis in the public or private schools.
(b) Teachers refers to all persons engaged in teaching at the elementary and secondary levels,
whether on a full-time or part-time basis, including guidance counselors, school librarians,
industrial arts or vocational teachers and all other persons performing supervisory and/or
administrative functions in all schools in the aforesaid levels and legally qualified to practice
teaching under this Decree.
(c) Board refers to the National Board for Teachers duly constituted under this Decree.
Section 4. Creation of the National Board for Teachers. There is hereby created a National Board
for Teachers, hereinafter called the Board, to be composed of the following:
Section 5. Powers and Duties. The Board shall have the following powers and duties:
(a) Appoint a set of examiners for every examination who will determine and prepare the contents
of the Board examination for teachers, hereinafter referred to as examination, in the elementary
and secondary levels of instruction, to be held at least once a year;
(b) Determine and fix the places and dates of examination, appoint supervisors and room
examiners from among the employees of the Government who shall be entitled to a daily allowance
to be fixed by the Board for every examination day actually attended, use the buildings and
facilities of public and private schools for examination purposes, approve applications to take
examination, and approve the release of examination results;
(c) Look from time to time into the conditions affecting the practice of the teaching profession,
adopt such measures as may be deemed proper for the enhancement of said profession, and/or
maintenance of the professional standards and ethics;
(d) Issue, suspend, revoke, replace or reissue Professional Teachers Certificate, and administer
oaths;
(e) Appoint, subject to the provisions of existing laws, such officials and employees as are
necessary in the effective performance of its functions and responsibilities, prescribe their duties
and fix their compensation;
(f) Prescribe and collect examination and other fees as it may deem proper; and
(g) Promulgate rules and regulations, and exercise such other powers, functions and duties as may
be necessary to carry into effect the purposes of this Decree.
(a) Except those who have been engaged in teaching as herein defined for at least five years in
schools in the Philippines not organized exclusively for nationals of a foreign country at the time
of the effectivity of this Decree, the applicant must be a citizen of the Philippines;
(b) That he is of good moral character;
(c) That he is free from any physical and/or mental defect which will incapacitate him to render
efficient service; and
1) For teachers in the kindergarten and elementary grades, Bachelor’s degree in Elementary
Education (B.S.E.Ed.) or its equivalent;
2) For teachers of the secondary schools, Bachelor’s degree in Education or its equivalent with a
major and minor, or a Bachelor’s degree in Arts or Sciences with at least eighteen units in
professional education; and
3) For teachers of secondary vocational and two-year technical courses, Bachelor’s degree in the
field of specialization with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by the Board, preferably the
offices of the Civil Service Commission and the Department of Education and Culture.
These offices shall screen and approve such applications and issue the corresponding permits to
take the examination to qualify applicants.
Section 7. Appointment of examiners. The Board shall appoint a set of examiners for every
examination who are recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination. They shall each receive as
compensation the sum of not less than P5.00 for each examinee as may be determined by the Board
but in no case shall each examiner receive more than P18,000 per examination. Any examiner who
is in the service of the Government shall receive the compensation herein provided in addition to
his salary.
Section 8. Scope of the examination. The examination shall consist of written tests, the scope of
which shall be determined by the Board, taking into consideration the teaching plan of the schools
legally constituted in the Philippines.
Section 9. Ratings in the examination. In order that a candidate may be deemed to have
successfully passed the examinations, he must have obtained a general average of at least 70 per
cent in all subjects, with no rating below 50 per cent in any subject.
Section 10. Report of the results of examination. The examiners shall report the ratings obtained
by each candidate to the Board within 150 days after the last day of the examination, unless
extended by the latter.
Section 11. Issuance of Certificates. Teachers who have passed examinations given by the Civil
Service Commission or jointly by the Civil Service Commission and the Department of Education
and Culture shall be considered as having passed the board examinations for teachers. The Board
may consider their certificates of rating as certificates of eligibility or issue an entirely new
certificate upon registration of the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have permanent appointment under the
Magna Carta For Public School Teachers and all others who may be qualified for registration as
professional teachers under this Decree.
Section 12. Registration. The Civil Service Commission shall, as an arm of the Board, register
holders of Professional Teacher Certificate which registration shall evidence that the registrant is
entitled to all the rights and privileges of a Professional Teacher until and unless the certificate is
suspended or canceled by the Board for just cause.
Section 13. Reissuance of revoked certificates and replacement of lost certificates. The Board
may, for reason of equity and justice, and upon proper application therefor, issue another copy,
original or duplicate, upon payment of the required fee, of a certificate which has been revoked. A
new certificate to replace a lost, destroyed or mutilated certificate may be issued subject to the
rules of the Board.
Section 14. Registration by reciprocity. The Civil Service Commission shall, upon approval of the
Board, effect the registration, without examination, of a teacher validly registered under the laws
of any foreign state or country; Provided, That the requirements for registration in said foreign
state or country are substantially the same as those required and contemplated by this Decree, and
the laws of such foreign state or country allow citizens of the Philippines to practice the profession
on the same basis and grant the same privileges as the citizens or subjects of such foreign state or
country; Provided finally, That the applicant shall submit competent and conclusive documentary
evidence, confirmed by the Department of Foreign Affairs, showing that his country’s existing
laws permit citizens of the Philippines to practice teaching profession under the rules and
regulations governing citizens thereof.
Section 15. Prohibition. Three years after the effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this Decree, whether in the public or private
elementary or secondary school, unless he is holder of a Professional Teacher Certificate or is
considered a Professional Teacher under this Decree.
Section 16. Penal Provision. Any person who shall practice the teaching without a valid
Professional Teacher Certificate, or any person presenting as his or her own the certificate of
another, or any person giving any false or forged evidence in order to obtain a Professional Teacher
Certificate or admission to an examination, or any person assuming himself as a registered
professional teacher or any person violating any provision of this Decree shall be penalized by a
fine of not less than One Thousand Pesos nor more than Five Thousand Pesos with subsidiary
imprisonment or to suffer an imprisonment of not less than six months nor more than two years,
or both such fine and imprisonment at the discretion of the Court.
Section 17. Repealing Clause. All Acts, Decrees, Executive Orders, Administrative Orders, rules
and regulations or parts thereof inconsistent with the provisions of this Decree are hereby repealed
or modified accordingly.
Section 18. Separability Clause. In case any provision of this Decree or any portion thereof is
declared unconstitutional by a competent court, other provisions shall not be affected thereby.
Section 19. Effectivity. This Decree shall take effect January 1, 1977.
DONE in the City of Manila, this 22nd day of September, in the year of Our Lord, nineteen
hundred and seventy-six.