THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS.
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THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS.
Republic Act No. 4670
June 18, 1966
Case Overview and Summary
I. DECLARATION OF POLICY AND COVERAGE- The policy is to promote and improve the social and economic status, living and working conditions, terms of employment, and career prospects of public school teachers to attract and retain qualified individuals in the teaching profession. (Section 1)
- The Act is known as the "Magna Carta for Public School Teachers" and applies to all public school teachers except those in the professorial staff of state colleges and universities. (Section 2)
- "Teacher" is defined as all persons engaged in full-time classroom teaching, guidance counselors, school librarians, industrial arts or vocational instructors, and those performing supervisory and/or administrative functions in government-operated schools, excluding school nurses, physicians, dentists, and other non-teaching employees. (Section 2)
II. RECRUITMENT AND CAREER
- Minimum educational qualifications for teacher-applicants are specified, including a Bachelor's degree in relevant fields and professional units in education. (Section 3)
- Temporary appointments can be made in the absence of qualified applicants, with preference given to those who rank higher in competitive examinations. (Section 3)
- No probationary period is required for those with adequate training and civil service eligibility; otherwise, a probationary period of at least one year is imposed. (Section 4)
- Stability of employment and security of tenure are assured to teachers as provided by existing laws. (Section 5)
- Teachers appointed provisionally due to lack of civil service eligibility can be granted permanent appointment after 10 years of continuous, efficient, and faithful service. (Section 5)
- Teachers cannot be transferred without their consent, except for exigencies of service, with the right to appeal and be paid transfer expenses if approved. (Section 6)
- The Secretary of Education shall formulate a Code of Professional Conduct for Public School Teachers within 6 months. (Section 7)
- Teachers have the right to be informed of charges, access evidence, defend themselves, and appeal in disciplinary procedures. No publicity shall be given during the pendency of the case. (Section 8)
- Administrative charges against teachers shall be heard initially by a committee composed of the School Superintendent, a teacher's organization representative, and a supervisor, with findings and recommendations submitted to the Director of Public Schools within 30 days. (Section 9)
- There shall be no discrimination in the teaching profession based on non-professional considerations. (Section 10)
- Efforts shall be made to enable married couples who are both public school teachers to be employed in the same locality. (Section 11)
- Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly regarding teaching and classroom methods. (Section 12)
III. HOURS OF WORK AND REMUNERATION
- Teachers engaged in actual classroom instruction shall not be required to render more than 6 hours of teaching per day, with additional compensation of at least 25% of basic pay for any excess hours up to 8 hours. (Section 13)
- Co-curricular, out-of-school, and other activities outside normal duties shall be paid an additional compensation of at least 25% of regular remuneration after completing 6 hours of teaching. (Section 14)
- For non-teaching staff, work in excess of 8 hours per day shall be paid an additional compensation of at least 25% of regular remuneration. (Section 14)
- Teacher's salaries shall: (a) compare favorably with other occupations requiring similar qualifications, (b) ensure a reasonable standard of living, and (c) be properly graded based on qualifications and responsibilities. (Section 15)
- Salary scales shall provide for gradual progression from minimum to maximum through regular increments every 3 years, with the progression not exceeding 10 years for satisfactory performance. (Section 16)
- Salary scales of teachers employed by local governments shall not be less than those of the National Government. (Section 17)
- Teacher's salaries shall keep pace with the cost of living through automatic cost-of-living allowances, as determined by the Secretary of Education and approved by the President. (Section 18)
- In areas with hardships, teachers shall be compensated with special hardship allowances equivalent to at least 25% of their monthly salary. (Section 19)
- Salaries shall be paid in legal tender or cashable checks/warrants. (Section 20)
- No deductions from salaries shall be made except as authorized by law or with written authority from the teacher for lawful dues, fees, and insurance premiums. (Section 21)
IV. HEALTH MEASURES AND INJURY BENEFITS
- Free compulsory medical examination shall be provided for teachers before and at least once a year during their professional life, with free medical treatment and hospitalization if needed. (Section 22)
- Teachers shall be protected against employment injuries and the effects of physical and nervous strain as a compensable occupational disease in accordance with existing laws. (Section 23)
V. LEAVE AND RETIREMENT BENEFITS
- Teachers are entitled to study leave not exceeding one school year after 7 years of service, with at least 60% of their monthly salary, subject to conditions. The study leave period shall be counted for seniority and pension purposes. (Section 24)
- Indefinite sick leave shall be granted when the nature of illness demands long treatment exceeding one year. (Section 25)
- Upon retirement, public school teachers shall be given one range salary raise, which shall be the basis for computing the lump sum retirement pay and monthly benefits. (Section 26)
VI. TEACHER'S ORGANIZATION
- Public school teachers have the right to freely establish and join organizations of their choosing, whether local or national, to further and defend their interests. (Section 27)
- It is unlawful to commit acts of discrimination against teachers based on their membership or participation in organizations. (Section 28)
- National teachers' organizations shall be consulted in the formulation of national educational policies, professional standards, and policies governing the social security of teachers. (Section 29)
VII. ADMINISTRATION AND ENFORCEMENT
- The Secretary of Education shall formulate and prepare the necessary rules and regulations to implement the provisions of this Act. (Section 30)
- The Secretary of Education shall submit to Congress annually the necessary budgetary estimates to implement the provisions concerning benefits granted to public school teachers under the National Government. (Section 31)
- Willful interference, restraint, or coercion of a teacher's rights under this Act, or any act to defeat its provisions, shall be punished by a fine of not less than 100 pesos nor more than 1,000 pesos, or imprisonment, at the court's discretion. If the offender is a public official, dismissal from government service shall be ordered. (Section 32)
- All inconsistent Acts, executive orders, and implementing rules are repealed, amended, or modified accordingly. (Section 33)
- If any provision is declared invalid, the remainder of the Act shall remain in force and effect. (Section 34)
- The Act shall take effect upon its approval. (Section 35)
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THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS.
Republic Act No. 4670
•June 18, 1966
REPUBLIC ACT NO. 4670 June 18, 1966
THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS
I. DECLARATION OF POLICY COVERAGE
Sec. 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.
Sec. 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...
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