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Teachers have long been touted as our “modern day heroes” (way before overseas workers
became honored as such). Teachers’ indispensable role in education, the competence and
integrity that they uphold, as well as their active community involvement draw worthy
admiration from the entire society that their welfare And privileges from their work.
We’ve rounded up our modern heroes’ and they are most important rights along with their
legal bases. Such as :
1. VACATION LEAVE -Refers to leave of absence granted to officials and employees for
personal reasons, the approval of which is contingent upon the necessities of the
service.
* For rest and relaxation essential to one’s mental and physical health
* All applications for vacation leave of absence for one (1) full day or more will be submitted on
the * prescribed form for action by the proper head of agency five (5) days in advance,
whenever possible, of the effective date of such leave.
* The grant of vacation leave will be at the discretion of the head of department/agency.
2. SICK LEAVE - Refers to leave of absence granted only on account of sickness or disability on
the part of the employee concerned or any member of his immediate family.
* All applications for sick leave of absence for one (1) full day or more will be made on the
prescribed form and will be filed immediately upon his return from the leave.
* Notice of absence, will be sent to the immediate supervisor and / or to the agency head.
* A proper medical certificate will accompany application for sick leave in excess of five (5)
successive days.
* Sick leave may be applied for in advance in cases where one will undergo medical
examination or operation, or is advised to rest in view of ill health duly supported by a medical
certificate.
3.MATERNITYLEAVE–MaternityLeave
(CSC-MC No. 22, dated October 23, 2002) -Refers to leave of absence granted to female
government employees legally entitled thereto in addition to vacation and sick leave. The
primary intent or purpose of granting maternity leave is to extend working mothers some
measure of financial help and to provide her a period of rest and recuperation in connection
with pregnancy.
* Leave of woman in the government service who has rendered an aggregate of two (2) or
more years of service, in addition to the vacation and sick leave granted to her is entitled to
maternity leave of sixty (60) calendar days with full pay
* Those who have rendered one (1) year or more but less than two (2) years of service shall be
computed in proportion to their length of service, provided, that those who has served for les
than one (1) year will be entitled to sixty (60) days of maternity leave with half pay.
*Enjoyment of said leave cannot be deferred; it should be enjoyed within the actual period of
delivery in a continuous and uninterrupted manner not exceeding 60 calendar days.
* Every woman, married or unmarried, may go on maternity leave more than once a year. It is
granted to female employees in every instance of pregnancy irrespective of its frequency.
*Every married or unmarried woman, may go on maternity leave for less than sixty (60) days.
When a female employee wants to report back to duty before the expiration of her maternity
leave, she may be allowed to do so provided she presents a medical certificate that she is
physically fit to assume the duties of her position.
4. PATERNITY LEAVE - Refers to the privilege granted to a married male employee allowing him
not to report for work for seven days while continuing to earn the compensation therefor, on
the condition that his legitimate spouse has delivered a child or suffered a miscarriage, for
purposes of enabling him to effectively lend care and support to his wife before, during and
after childbirth as the case may be A married male employee is entitled to paternity leave of
seven (7) working days for the first four (4) deliveries of his legitimate spouse with whom he is
living with.
*A” legitimate spouse” refers to the woman who validly entered into a contract of marriage.
*A married male employee is entitled to paternity leave of seven (7) working days for the first
four (4) deliveries of his legitimate spouse with whom he is living with.
*Married male employee with more than one (1) legal spouse will be entitled to avail of
paternity leave for an absolute maximum of four (4) deliveries regardless of which ever spouse
gives birth.
5. Parental Leave (CSC MC No. 8,s 2004, dated March 24, 2004)
* Granted to solo parent to enable them to perform parental duties and responsibilities where
physical presence is required.
* Parental leave of not more that seven (7) working days in addition to existing leave
privileges shall be granted to any solo parent employee subject to the following conditions:
*The solo parent must have rendered government service for at least on (1) year, whether
continuous or broken, reckoned at the time of affectivity of RA 8972 on September 22, 2002
and regardless of employment status.
* It shall be availed of every year and shall not be convertible to cash. If not availed of within
calendar year, said privilege shall be forfeited within the same year.
*A woman who gives birth as a result of rape and other crimes against chastity;
Parent left solo or alone with the responsibility of parenthood due to any of the following:
- Death of spouse
- Legal separation or de facto separation from the spouse for at least one year
* Unmarried person who rears the children instead of having others care for them;
*One who solely provides parental care and support to a child provided one is duly licensed
foster parent by the DSWD or appointed legal guardian by the court; and
*Any family member who assumes the responsibility of head of family as a result of death,
abandonment, disappearance or prolonged absence of the parents or solo parent, provided
that such abandonment, disappearance or absence lasts for at least one (1) year.
*One’s application for leave of absence on account of wounds or injuries incurred in the
performance of duty. It must be made on the prescribed form, supported by the proper medical
certificate and evidence showing that the wounds or injuries were incurred during the
performance of duty.
7. Terminal Leave
*It is applied if one intends to sever his/her connection with his employer.
*Its filing of application requires a condition of sine qua non, his/her resignation, retirement or
separation from the service without any fault on his/her part.
*It must be shown first that public employment ceases by any of the said modes of severance.
*Payment of terminal leave for purpose of retirement or voluntary resignation will be based on
the highest monthly salary received at any time during one’s period of employment in the
government service and not on his latest salary, unless the latter is the highest salary received.
8. Teachers’ Leave
*Teachers who have at least seven (7) years of continuous service may be entitled to study
leave of absence with pay not exceeding one (1) school year (Sec. 24 RA 4670).
* 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.
*Teachers’ vacation service credits refer to the leave credits earned for services rendered on
activities during summer or Christmas vacation or in the course of the regular school year, as
authorized by proper authority.
*Vacation service credits are used to offset absence of a teacher due to illness. To offset on
account of illness, one (1) work day service credits is used to offset one day of absence. (DepED
Order No. 53, s. 2003).
*Conduct or remedial classes during the summer or Christmas vacation or outside of regular
school days;
*Time spent in travelling to and from station to the place where services are rendered.
GSIS BENEFITS
With at least 20 years of service, the last three (3) years of which had been continuous.
Leave of absence without pay during the last three (3) years immediately preceding
retirement shall not exceed one (1) year.
Qualifications for Retirement
Under PD 1146 . In the service after May 31, 1977 but before June 24, 1997
Benefits
- BMP is guaranteed for five years; after the five-year guaranteed period,
the retiree receives a basic monthly pension for life.
Cash Payment
*at least 60 years of age and have rendered at least 3 years but less than 15 years of
service.
*Equipment to 100% of the average monthly compensation for every year of service.
Other Benefits
Separation Benefits. A cash payment of 18 times the BMP payable at time of separation and a
life payable from the date of retirement.
Unemployment Benefits. This will be paid when a permanent government employee who was
paid the required 12 months integrated contributions under RA 8291 is voluntarily separated
from the service as a result o the abolition of his office or position usually resulting from
reorganization.
Funeral Benefits - The following are eligible for funeral benefits in the amount of P20,000.00:
An active member A member who has been separated from the service, but who may be
entitled to future separation or retirement benefits; or A pensioner
A retiree who at a time of his retirement was at least 60 years of age who opted to retire under
RA 1616
Those who retired under RA 1616 prior to the affectivity if this Act with at least twenty (20)
years regardless of age.
Christmas Gift Bonus - This will be paid every December of each year to living retiree
pensioners and survivorship pensioner and dependents under RA No. 660, PD 114 and RA No.
8291 in an amount equivalent to their one (1) month pension but not to exceed the maximum
limit approved by the GSIS Board of Trustees.
PAG-IBIG BENEFITS
Coverage
Membership is mandatory upon all employees covered by the GSIS. It shall be terminated upon
the occurrence of the following:
* Death
* Retirement
Benefits
Return of contributions
*A member is entitled to receive his/her Total Accumulated Value (TAV) upon termination of
membership
a. a new member of the Fund after the effectivity of RA 7742 has the option to withdraw
his/her TAV after the 10th or 15th year of continuous membership
PHILHEALTH
Benefits
*Should have at least three monthly contributions within the immediate six months prior to
confinement
*Confinement in a Philhealth-accredited hospital for not less than twenty four hours due to an
illnes or injury requiring hospitalization.
Coverage
b. members who have reached the age of retirement and have paid at least 120 monthly
contributions
Compensation
Each position is tagged with an equivalent salary grade (SG), which corresponds to an
equivalent amount representing an annual salary.
There are eight (8) salary steps within each salary grade level. Upon appointment, an employee
normally receives as basic salary the amount equivalent to Salary Step 1 for the salary grade
level corresponding to the position he/she holds.
Personal Economic Relief Allowance (PERA). PERA in the amount of Five Hundred Pesos
(PhP500.00)is given monthly. This amount is included in the basic payroll.
Additional Compensation Allowance (ACA). ACA in the amount of One Thousand Five Hundred
Pesos (PhP1,500.00) is given monthly. This amount is also included in the basic payroll.
These are granted to all government personnel. Whether appointive or under regular,
temporary or casual status, and contractual personnel whose employment is in the
nature of a regular employee who are still in the service as of October 31 each year.
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 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.
Sec. 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:
Sec. 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
Sec. 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.
Sec. 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.
*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.
Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured
the teachers as provided under existing laws.
*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.
Sec. 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.
*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.
Sec. 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.
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.
Sec. 12.Academic Freedom. Teachers shall enjoy academic freedom in the discharge of
their professional duties, particularly with regard to teaching and classroom Sec
methods.
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 per cent of his basic pay.
*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.
Sec. 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.
Sec. 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.
* 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.
*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.
Sec. 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.
*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.
* 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.
*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.
*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.
* 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.
*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.TEACHER'S ORGANIZATION
*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.
Sec. 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,
*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.
*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.
*A person who shall willfully 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.
*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.
*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.