CONTINUOUS EDUCATIONAL COURSE for TEACHERS (ConECT)

RATIONALE:

The Civil Service Commission recognizes the significant role of teachers in nation-building. As partners of the government, they can mold the youth to be highly ethical and empowered citizens, able to cope with the challenges of global competition. As government workers, teachers can be effective and can avoid any misunderstanding with management, if their constitutional rights and liberties are protected, and their duties and responsibilities are clearly defined.

Corollary to this, CSC Region IV, through its Human Resource Division, has

designed a two-day Continuous Educational Course for Teachers (ConECT), which intends to enhance the participants’ knowledge on various laws, decisions and issuances affecting their employment in the government. This is congruent with the first strategic priority of the Commission to develop competent and credible civil servants. OBJECTIVES:

Generally, the program intends to enhance the participants’ knowledge on various laws, decisions and issuances affecting teachers’ employment in the government. At the end of the course, teaching and non-teaching personnel in the various districts/schools within the jurisdiction of Region IV should be able to:

1. Gain working knowledge on various laws and DepEd issuances on teacher’s registration, ethical behavior and accountability as public servants;

2. Clarify issues and concerns on appointments and other personnel actions as well as relevant CSC Memoranda and Resolutions; and

3. Acquire substantial information on teachers’ rights and privileges thereby strengthening their advocacy in providing quality education.

METHODOLOGY Participant-centered strategies will be utilized as avenues to maximize learning. These include lecture-discussion, presentation, and open forum on issues and concerns relevant to the topics discussed. PARTICIPANTS

Participants to the forum shall consist of teaching and non-teaching personnel in the various districts/schools within the jurisdiction of Region IV.

COURSE CONTENT:

A. The Civil Service Commission and Personnel Administration in the Government

- Mandate, Vision, Mision and Strategic Priorities of the CSC - Coverage of the Civil Service - Kinds/Classification of Positions

B. Examination and Eligibilities

C. Appointments - General Policies - Effectivity of Appointments - Limitations/Prohibitions

C. Appointments (Cont.) - Personnel Actions - Update on DepEd/PRC Policies Affecting Teachers - Renewal of PRC License (Application Requirements) - Automatic Upgrading of Teachers - Localization Law - Magna Carta for Teachers

D. RA 7836 (An Act to Strengthen the Regulation and Supervision of the Practice of Teaching in the Philippines and Prescribing Licensure Examination for Teachers and Other Purposes

E. Leave of Teachers - General Policy - Proportionate Vacation Pay - Conversion: Service Credits to VL/SL, VL/SL to Service Credits - Activities Entitled to Vacation Service Credits - Other Leave Privileges

F. Ethics and Employee Discipline - Code of Ethics for Professional Teachers - Administrative Offenses and Penalties for

a. RA 7877 (Sexual Harassment) b. RA 6713 Ethics and Accountability of Public Officers c. RA 9485 Anti-Red Tape Act (ARTA)

G. Retirement (Requirements)

SCHEDULE OF ACTIVITIES

DAY

TIME TOPICS/CONTENT:

Day 1 (AM) A. The Civil Service Commission and Personnel Administration in the Government

- Mandate, Vision, Mision and Strategic Priorities of the CSC - Coverage of the Civil Service - Kinds/Classification of Positions

B. Examination and Eligibilities

C. Appointments - General Policies - Effectivity of Appointments - Limitations/Prohibitions

(PM) C. Appointments (Cont.) - Personnel Actions - Update on DepEd/PRC Policies Affecting Teachers - Renewal of PRC License (Application Requirements) - Automatic Upgrading of Teachers - Localization Law - Magna Carta for Teachers

D. RA 7836 (An Act to Strengthen the Regulation and Supervision of the Practice of Teaching in the Philippines and Prescribing Licensure Examination for Teachers and Other Purposes

Day 2 (AM) E. Leave of Teachers - General Policy - Proportionate Vacation Pay - Conversion: Service Credits to VL/SL - VL/SL to Service Credits - Activities Entitled to Vacation Service Credits - Other Leave Privileges

(PM) F. Ethics and Employee Discipline - Code of Ethics for Professional Teachers - Administrative Offenses and Penalties for

d. RA 7877 (Sexual Harassment) e. RA 6713 Ethics and Accountability of Public Officers f. RA 9485 Anti-Red Tape Act (ARTA)

G. Retirement (Requirements) H. Open Forum

- Evaluation/Closing Ceremonies

SECTION 3 (B) ARTTICLE IX of the Philippine Constitution The Civil Service Commission, as the central personnel agency of

the Government, shall establish a career service and adopt measures to promote morale, efficiency, integrity, responsiveness, progressiveness, and courtesy in the civil service, it shall strengthen the merit and reward system, integrate all human resources development programs for all levels and ranks and institutionalize a management climate conducive to public accountability. It shall submit to the President and the Congress an annual report on its personnel programs.

SECTION 1, Subtitle A, Title I, Book V of Executive Order 292 Section 1. Declaration of policy. The State shall insure and

promote the Constitutional mandate that appointments in the Civil service shall be made only according to merit and fitness; that the Civil Service Commission, as the central personnel agency of the Government shall establish a career service, adopt measures to promote morale, efficiency, integrity responsiveness, and courtesy in the civil service, strengthen the merit and rewards system, integrate all human resources development programs for all levels and ranks, and institutionalize a management climate conducive to public accountability, that public office is a public trust and public officers and employees must at all times be accountable to the people; and that personnel functions shall be decentralized, delegating the corresponding authority to the departments, offices and agencis where such function can be effectively delegated.

COVERAGE OF THE CIVIL SERVICE

Covers all officers and employees of the government Embraces all branches, subdivisions, instrumentalities, and agencies of the

government, including government owned or controlled corporations with original charter. (Sec. 2 (1), Art. IX B, Philippine Constitution) Shall be administered by the Civil Service Commission (Sec. 1 (1), Art. IX B, Philippine Constitution

National agencies: (Departments, Offices, Bureaus and attached Agencies) Constitutional Commissions Government-Owned and Controlled Corporations with original charters State Universities and Colleges Local Government Units (Provincial, City, Municipal and Barangay)

CLASSIFICATION OF POSITIONS IN THE CIVIL SERVICE 1. Career Service 2. Non-Career Service

Career Service is characterized by:

(1) entrance based on merit and fitness to be determined as far as practicable by competitive examination, or based on highly technical qualifications;

(2) opportunity for advancement to higher career positions; and (3) security of tenure.

Open Career positions - appointment to these positions require prior qualification in an appropriate examination;

Closed Career positions include scientific or highly technical in

nature positions which may or may not require passing civil service examinations.

These include the: faculty and academic staff of state colleges and universities; scientific and technical positions in scientific or research

institutions which have their own merit system;

Commission officers and elisted men of the Armed Forces which shall maintain a separate merit system;

Personnel of government-owned or controlled corporations,

whether performing governmental; and

Personnel, whether skilled, semi-skilled, or unskilled.

Classes of Positions in the Career Service. – (1) Classes of positions in the career service, appointment to which requires examinations shall be grouped into three major levels as follows:

(a) The first level shall include clerical, trades, crafts, and custodial service positions which involve non-professional or sub-professional work in a non-supervisory or supervisory capacity requiring less than four years of collegiate studies;

(b) The second level shall include professional, technical and scientific positions which involve professional, technical or scientific work in a non-supervisory or supervisory capacity requiring at least four years of college work up to Division Chief level; and

The third level shall cover positions in the Career Executive Service

Non-Career Service - characterized by entrance on bases other than those of the usual tests of merit and fitness

utilized for the career service; and tenure

limited to a period specified by law, or coterminous with that of the appointing authority, or subject to his pleasure, or limited to the duration of a particular project for which purpose

employment was made.

Positions Included in the Non-Career Service

Elective officials and their personal and confidential staff Secretaries and other officials of cabinet rank who hold their position at the

pleasure of the President and their personal and confidential staff Chairman and members of the Commissions and boards with fixed term of

office and their personal and confidential staff Contractual personnel Emergency and seasonal personnel Casual

CIVIL SERVICE EXAMINATION LEVEL

1. Sub-Professional (First Level) Passers of Career Service Sub-professional Examination is conferred with

a sub-professional eligibility which qualifies him/ her for appointment to 1st level positions in the career service.

2. Professional (Second Level) Passers of Career Service Professional Examination is conferred with a

professional eligibility which qualifies him/her for appointment to 2nd level positions in the career service.

MODES Both CS Sub-Professional and Professional examination can be taken in two

modes, namely:

1. Paper and Pencil Test (PPT). A purely written examination whereby the examinee uses paper and pencil in taking the examination. The test questions are printed in test booklets and the examinee, using pencil, blackens the box that corresponds to his/her answer on an answer sheet.

2. Computer Assisted Test (CAT). The examinee uses a personal computer (PC) in taking the examination. The test questions appear on a computer monitor/screen and the examinee keys-in his/her answers. EXAMINATION FEE

(OM No. 12 s. 2011 pursuant to CSC Res. No. 1100152)

Mode of Examination Examination Fee

1) Paper and Pencil Test (PPT) Php 500.00

2) Computer Assisted Test (CAT) Php 600.00

General Policies

on

Appointments

GENERAL POLICIES ON APPOINTMENTS (Based on Rule I-Revised Omnibus Rules on Appointments & Other Personnel Actions)

All appointments in the career service shall be made only according to merit and fitness, to be determined as far as practicable by competitive examinations except to positions which are policy-determining, primarily confidential, or highly technical, by competitive examination.

A non-eligible shall not be appointed to any position in the civil service whenever there is a civil service eligible actually available for and ready to accept appointment. (Sec. 26, Chapter 5, Book III of EO No. 292)

COMMON REQUIREMENTS FOR REGULAR APPOINTMENTS

Section 1. The revised CS Form 33 which shall be in Filipino with English translation, shall be used for appointments in the career and non-career service except those of casuals which shall use the Plantilla Appointment Form.

a. Form. The appointment which must be in triplicate copies shall be in the prescribed CS Form 33 (Revised 1998) for regular employees or the Plantilla Form No. 001 for casuals. Original copies shall not be filled out using Xeroxed or photocopied forms. (As amended by CSC MC. No. 15, s. 1999)

b. Signature of the Appointing Authority. The original copy of the

appointment must be duly signed and the succeeding two (2) copies thereof at least initialed by the appointing authority.

c. Position Title. The position title indicated in the appointment shall

conform with the approved Position Allocation List and should be found in the index of Occupational Service (IOS). The salary grade shall always be indicated after the position title.

For the Administrative Positions in the Administrative Services

Group under the General Administrative Service of the Position Classification Plan, the parenthetical positions should be specified.

d. Employment Status. The employment status shall be indicated on the

space provided therefore. It may be permanent, provisional, temporary, substitute, co-terminous, casual or contractual.

e. Date of Signing. The date of signing, which is the date of the issuance

of the appointment shall be indicated below the signature and the initials of the appointing authority.

f. Nature of Appointment. The correct nature of appointment shall be indicated on the space provided therefor. The nature of appointment, which may either be original, promotion, transfer, reemployment, reappointment, reinstatement, renewal, *change of status or demotion, shall be indicated in the space provided for. (Amended by MC 6, s. 2007)

g. Publication of Vacancy – Vacant positions to be filled shall be

published in accordance with RA 7041 and its implementing guidelines except positions enumerated in Section I Rule IX hereof, CSC MC 3, s. 2001 as amended by CSC MC 16, s. 2005.

h. Personnel Selection Board (PSB) Evaluation/Screening. All appointees should be screened and evaluated by the PSB, if applicable. As proof thereof, a certification signed by the Chairman of the Board at the back of the appointment or alternatively, a copy of the proceedings/minutes of the Board’s deliberation shall be submitted together with the appointment. The issuance of the appointment shall not be earlier than the date of the final screening/deliberation of the PSB.

EMPLOYMENT STATUS - The employment status shall be indicated on the space provided. It may be permanent, temporary, provisional, substitute, coterminous, casual or contractual.

Sec. 27 of EO 292 provides: Employment Status Appointment in the career service shall be permanent or temporary. (1) Permanent status.

A permanent appointment shall be issued to a person who meets all the requirements for the positions to which he is being appointed, including the appropriate eligibility prescribed, in accordance with the provisions of law, rules and standards promulgated in pursuance thereof.

(2) Temporary appointment.

In the absence of appropriate eligibles and it becomes necessary in the public interest to fill a vacancy, a temporary appointment shall be issued to a person who meets all the requirements (education, experience and training) for the position to which he is being appointed except the appropriate civil service eligibility:

Provided, That such temporary appointment shall not exceed twelve months, but the appointee may be replaced sooner if a qualified civil service eligible becomes available.

Employment Status of Teachers The employment status of teachers can by any of the following:

a. Regular permanent — issued to a teacher who meets all the requirements of the position.

b. Provisional — issued to a teacher who meets all the requirements of the position except the eligibility.

c. Substitute — issued to a teacher when the regular incumbent of the

position is temporarily unable to perform the duties of the position. OTHER EMPLOYMENT STATUS 3. Substitute – issued when the regular incumbent of a position is

temporarily unavailable to perform the duties of his position, as he is on approved leave of absence or is under suspension or is in scholarship grant or is on secondment.

A substitute appointment is issued only if the leave of absence of the incumbent is at least three (3) months, except in the case of teachers. This is effective only until the return of the former incumbent.

4. Co-terminous – issued to a person whose entrance and continuity in the service is based on

trust and confidence of the appointing authority (co-terminous with the appointing authority) or the head of the organizational unit where assigned (co-terminous with the head of the organizational unit where assigned); or

co-existent with the incumbent (co-terminous with the incumbent); or

limited by the duration of the project (co-terminous with the project); or

co-existent with the period for which an agency or office was created (co-terminous with the life span of the agency).

5. Contractual – issued to a person who shall undertake a specific work or

job for a limited period not to exceed one year. The appointing authority should indicate the inclusive period covered by the appointment for purposes of crediting services.

6. Casual – issued only for essential and necessary services where there are not enough regular staff to meet the demands of the service

NATURE OF APPOINTMENT 1. Original – refers to the initial entry into the career and non-career service.

For those in the career service, the first six months of service following a permanent appointment shall be probationary in nature and the appointee shall undergo thorough character investigation. A probationer maybe dropped from the service for unsatisfactory conduct or want of capacity anytime before the expiration of the probationary period. Provided, that such action is appealable to the Commission. (As amended by CSC MC No. 15, s. 1999).

2. Promotion – is the advancement of an employee from one position to another

with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.

Promotion may be from one department or agency to another or from one organizational unit to another within the same department or agency.

3. Transfer – is the movement of employee from one position to another, which is of equivalent rank, level or salary without break in the service involving the issuance of an appointment.

Transfer maybe from one department or agency to another or from one organizational unit to another in the same department or agency. Provided, however, that any movement from the non-career service to the career service shall not be considered a transfer.

4. Re-employment – is the reappointment of a person who has been previously

appointed to a position in the career or non-career service under permanent status but was separated therefrom as a result of reduction in force, reorganization, retirement, voluntary resignation or of any non-disciplinary actions such as dropping from the rolls and other modes of separation.

Reemployment presupposes gap in the service. (As amended by CSC No.

15, s. 1999).

No prior authority shall be required for the reemployment of a person who has been previously retired and who has not reached the compulsory retirement of age of 65.

5. Reappointment – is the re-issuance of an appointment during reorganization,

devolution, salary standardization, re-nationalization or similar events. Reappointment presupposes no gap in the service.

6. Reinstatement – is the issuance of an appointment to a person who has

been previously appointed to a position in the career service and who has, through no delinquency or misconduct, been separated there from or to one who has been exonerated of the administrative charges unless the decision exonerating him specifies restoration to his previous position.

7. Renewal – refers to the subsequent appointment issued upon the expiration

of the appointment of the contractual, casual or temporary personnel, if a qualified eligible is not actually available, as certified by the Civil Service Regional Director or Field Officer.

Renewal presupposes no gap in the service.

8. Change of Status: (Amended by CSC MC No. 6, s. 2007 (Revised Policies on Change of Status of Appointment from Temporary to Permanent)

Temporary to Permanent – the appointment issued to a temporary employee when he acquires the appropriate eligibility or becomes fully qualified for the position to which he is appointed.

The nature of appointment of a temporary employee who has been issued a permanent appointment is not change of status, but reappointment or reemployment, if in the case of the latter, there is gap in the service.

Provisional to Regular (permanent) – the appointment issued when a

provisional teacher qualifies and is registered as a professional teacher.

Upgrading/Reclassification – refers to the change in position title with the corresponding increase in salary grade.

Positions are upgraded in order to attain effectively the functions and duties attached to the position and for the employee to perform an all-around adaptability in meeting diverse work assignments.

This requires issuance of appointment.

9. Demotion – is the movement of an employee from one position to another

with reduction in duties and responsibilities, status or rank, which may or may not involve reduction in salary and is not disciplinary in nature.

In case a demotion involves reduction in salary but is non-

disciplinary, a written consent shall be secured from the demoted employee. Appointment as a result of voluntary demotion shall be at the hiring rate for the class of the position.

ADJUSTMENTS OF MOVEMENTS OF PERSONNEL Adjustments or movements of personnel which do not involve

changes in position title, rank or status do not need the issuance of an appointment, provided that the existing appointment does not specify the working station. Such adjustments shall include the following:

1. Change in item number only 2. Salary adjustment 3. Step-increment 4. Reinstatement to the same position.

A notice of such change or movement shall be submitted to the CSC

Office concerned for record purposes. Other Personnel Movements

The following personnel movements which will not require issuance of an appointment shall nevertheless require an office order by duly authorized official.

1. Reassignment – movement of an employee across the organizational structure within the same department or agency, which does not involve a reduction in rank, status or salary.

Reassignment in the first and second level positions in the career and non-career service shall be governed by CSC MC No. 2 s. 2005

Reassignment of third level appointees shall be governed by the provisions of Presidential Decree No. 1.

2. Detail - is the temporary movement of an employee from one department or agency to another which does not involve a reduction in rank, status or salary.

A detail will not require the issuance of an appointment but only an office order which should be issued by the appointing authority.

The employee detailed receives salary from his/her mother unit/agency.

The detail shall be allowed only for a maximum period of one year. Details beyond one year may be allowed provided it is with the consent of the detailed employee.

Authority over the detailed employee- During the period of the detail, the mother agency relinquishes administrative supervision over the detailed employee to the receiving agency.

3. Secondment – movement of an employee from one department or agency to another which is temporary in nature and which may or may not require the issuance of an appointment which may either involve increase in compensation and benefits.

Acceptance thereof is voluntary on the part of the employee.

4. Job Rotation – is the sequential or reciprocal movement of an employee from one office to another or from one division to another within the same agency as a means for developing and enhancing the potentials of people in an organization by exposing them to the other work functions of the agency.

The duration of the job rotation program shall be within the period prescribed by the department/agency head but shall not exceed twelve (12) months.

5. Designation – is merely an imposition of additional duties to be performed by a public official which is temporary and can be terminated anytime at the pleasure of the appointing authority. (As amended by MC 15, s. 1999)

EFFECTIVITY OF APPOINTMENT (RULE IV – Revised Omnibus Rules on Appointments and other Personnel Actions)

An appointment issued in accordance with pertinent laws and

rules shall take effect immediately upon its issuance by the appointing authority, and if the appointee has assumed the duties of the position, he shall be entitled to receive his salary at once without awaiting the approval of his appointment by the Commission.

The appointment shall remain effective until disapproved by the Commission. In no case shall an appointment take effect earlier than the date of its issuance.

CERTAIN MODES OF SEPARATION – DOCUMENTS REQUIRED FOR RECORD PURPOSES (RULE XII – Revised Omnibus Rules on Appointments and other Personnel Actions)

1. Resignation. The following documents shall be submitted to the Commission for record purposes:

1. the voluntary written notice of the employee informing the appointing authority that he is relinquishing his position and the effectivity date of said resignation; and

2. the acceptance of resignation in writing by the agency head or appointing authority which shall indicate the date of effectivity of the resignation. An officer or employee under investigation may be

allowed to resign pending decision of his case without prejudice to the continuation of the proceedings until finally terminated.

2. Dropping from the Rolls. Officers and employees who are either

- habitually absent, or - have unsatisfactory or - poor performance, or - have shown to be physically and mentally unfit to perform their duties

may be dropped from the rolls PROHIBITIONS (RULE XIII – Revised Omnibus Rules on Appointments and other Personnel Actions)

No appointive official shall hold any other office or employment in the

government unless otherwise allowed by law or by the primary functions of his position.

No elective official shall be eligible for appointment in any capacity to any

public office or position during his tenure.

No elective or appointive public officer or employee shall receive additional, double or indirect compensation, unless specifically authorized by law; nor accept without the consent of Congress, any present, emolument, office or title of any kind from any foreign government. Pensions and gratuities shall not be considered as additional, double or indirect compensation.

A person who lost in an election (except Barangay election) shall not be

eligible for appointment or reemployment to any office in the government or government-owned or controlled corporation within one year following such election.

An employee who files a certificate of candidacy, even if later on disqualified or has withdrawn, is still considered resigned.

An employee who resigned from the government service during the three (3) month period before any election to promote the candidacy of another shall not be reemployed during the six-month period following such election.

No detail or reassignment shall be made within three months before any election unless with the permission of the COMELEC.

No officer or employee in the civil service including members of the Armed Forces, shall engage directly or indirectly in any partisan political activity or take part in any election except to vote, nor shall he use his official authority or influence to coerce the political activity of any other person or body.

No appointment in the national, provincial, city or municipal governments or any branch or instrumentality thereof, including government-owned or controlled corporations which original charters shall be made in favor of a relative of the appointing or recommending authority, or of the chief of the bureau of office or of the persons exercising immediate supervision over the appointee.

No person shall be appointed in the career service of the local government if

he is related within the fourth civil degree of consanguinity or affinity to the appointing or recommending authority (Section 79, RA 7160).

o The appointing authority shall not withdraw or revoke an appointment already accepted by appointee. Such appointment shall remain in force and effect until disapproved by the Commission.

No person who has been dismissed or perpetually excluded/ disqualified

from the government service shall be appointed or reemployed unless he has been granted executive clemency.

No person who has reached the compulsory retirement age of 65 years can

be appointed to any position in the government, subject only to the exception provided under sub-section (b) hereof.

However, in meritorious cases, the Commission may allow the extension of service of a person who has reached the compulsory retirement age of 65 years, for a period of six (6) months only unless otherwise stated.

Provided, that, such extension may be for a maximum period of one (1) year for those who will complete the fifteen (15) years of service required under the GSIS Law. A request for extension shall be made by the head of office and shall be filed with the Commission not later than three (3) months prior to date of the official/ employee’s compulsory retirement.

A person who has already reached the compulsory retirement age of 65 can still be appointed to a coterminous/primarily confidential position in the government.

A person appointed a coterminous/ primarily confidential position who reaches the age of 65 is considered automatically extended in the service until the expiry date of his/her appointment or until his/her services are earlier terminated.

Unless allowed by the Commission in meritorious cases, head of oversight

agencies and their staff are prohibited from transferring or being appointed to any position in the department / agency / office / local government unit which their unit is assigned or designated to oversee within one (1) year after the termination of such assignment or designation.

No person appointed to a position in the non-career service shall perform the duties properly belonging to any position in the career service.

No consultant, contractual or non-career employee shall be designated to

position exercising control or supervision over regular and career personnel.

No discrimination shall be exercised, threatened or promised against, or in

favor of, any person examined or to be examined or employed, by reason of his political or religious opinions or affiliations, sex or civil status.

No changes in designation or nomenclature of positions resulting in

promotion or demotion in rank or increase or decrease in compensation shall be allowed to LGUs, except when the position is actually vacant.

Unless otherwise provided by law, no officer or employee shall engage

directly or indirectly in any private business or profession without a written permission from the head of agency. Provided that this prohibition will be absolute in the case of those officers or employees whose duties and responsibilities require that their entire time be at the disposal of the government: Provided further, that if an employee be granted permission to engage in outside activities, the time devoted outside of office hours should be fixed by the head of the agency so that it will not impair in any way the efficiency of the officer or employee nor pose a conflict or tend to conflict with the official functions. [Provided under CSC MC No. 15, s. 1999]

An employee who is on local or foreign scholarship or training grant or on

maternity leave may be considered for promotion. For this purpose, performance rating to be considered shall be the rating

immediately prior to the scholarship or training grant or maternity leave. if promoted, the effectivity date of the promotional appointment shall be on

he assumption to duty. [CSC MC No. 3, 2001]

PRC

Issues & Concerns

RENEWAL OF PRC LICENSE REQUIREMENTS FOR REGISTRATION 1. Duly accomplished Oath Form or Panunumpa ng Propesyonal 2. Current Community Tax Certificate (cedula) 3. Two (2) pieces passport size pictures with name tag (for Oath Form and

Certificate of Registration) 4. One (1) piece 1”x1” picture in plain background with complete name tag (for

Registry of Professionals) 5. Two sets of metered documentary stamps (for Oath Form and Certificate of

Registration) 6. One (1) short brown envelope with name and profession

RENEWAL OF PROFESSIONAL ID Procedures STEP 1 Present duly accomplished Application for Professional ID form together with the requirements at: Window 16 Window 18 Downloadable forms: Application Form for Professional Identification Card (Filipino Professionals) Application for Renewal of Professional ID for former Filipino Professionals Petition for Correction of Entries or Data Petition for Change of Registered Name due to Marriage STEP 2 Pay prescribed fees at the Cashier. STEP 3 Get your claim slip at: Window 16 Window 18 Window 30 STEP 4 Claim your professional license as scheduled. Please refer to your claim slip for further instructions. Note Representatives filing the application and claiming the professional ID in behalf of the professional must present Special Power of Attorney and valid identification of the professional and the representative. PRC-registered professional acting as representatives may transact with PRC upon presentation of Authorization Letter and his/her professional ID FOR CONVERSION OF PBET TO PRC (Teachers) REQUIREMENTS

Certified true copy of Report of Rating (Category A) / Guro Certificate (Category B), or in the absence thereof, original Certification of Rating/Eligibility (for both categories) issued by the Civil Service Commission (CSC)

Original and photocopy of Certificate of Live Birth issued by the National Statistics Office (NSO) in security paper, with the following entries clearly printed: Name, Civil Registry Number, Date of Birth, Citizenship, Gender, and Name of Parents

Original and photocopy of Marriage Certificate issued by NSO in security paper (for married female applicants)

SAMPLE APPLICATION FORM

AUTOMATIC UPGRADING OF TEACHERS (DECS Order No. 52 s. 199) GENERAL CONCEPT AUTOMATIC POSITION UPGRADING (Sec. 3)

adjustments of salary given to Teachers I who have rendered 20 or more years satisfactory teaching service.

COMPUTATION of LENGTH OF SERVICE (Sec. 4)

Shall include only the years of teaching experience which are not credited in the computation of step increments due to length of service .

SOURCE OF FUNDS

From salary adjustment based on Equivalent Records Form or savings from personnel service.

REQUIREMENTS

I. Teacher I to Teacher II Given to Teacher I who have rendered 20 or more years satisfactory

teaching service Computation of the length of service shall include only the years of

teaching experience which are not credited in the computation of step increment due to length of service (per Joint CSC-DBM Circular No. 1 s. 1990)

A notice of salary adjustments shall be issued by the Schools Division Superintendent for the salary increase to be effected. Requirements -Submission of Service record only

Can also be given to any teacher with 20 M.A Units regardless of length of service. Requirements Submit Application for ERF, service record, and certification from school registrar on M.A units earned

II. Teacher II to Teacher III

Given to any teacher with M.A degree regardless of teaching service

to be effected through Equivalent Records Form Requirements Submit Application for ERF, service record, and certification from school registrar on M.A completion and service record.

III. Teacher III to Master Teacher I

Requirements Permanent Teacher Bachelor’s degree or equivalent VS performance for the last 2 years At least 3 years experience At least 25 points in leadership and potential or has been a demonstration teacher on the district level plus 15 points in leadership and potential. Master Teacher II Requirements Master Teacher I for at least one year Very satisfactory rating (at least 33 pts.) as Master Teacher I Bachelor’s degree or equivalent At least 30 points in leadership and potential or has been a demonstration teacher on the division level plus 30 points in leadership and potential provided the activities or accomplishments listed for this purpose had not been credited or used for earlier promotions.

LOCALIZATION LAW - (RA NO. 8190-June 11, 1996)

“AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC TEACHERS”

Provides that if there is a qualified teacher eligible in a Barangay wherein the school is located said teacher eligible is given the first priority for appointment thereto. This is also applicable to assignment or reassignment or transfer of public elementary or secondary teachers.

In the event that there is no qualified teacher eligible within the Barangay where the school is located, then the second priority for appointment/assignment are all teacher eligibles from the municipality. If there are still no qualified eligibles within the Municipality, the third priority will be qualified teachers from the Province or City.

If there are two or more qualified teacher-eligibles in the same Barangay where the school is located, then the RANKING SYSTEM will be used to select the most qualified appointee among the applicants.

DISCIPLINING AUTHORITY FOR VIOLATION (SEC.2)

Authorizes the DECS Secretary as disciplining authority to impose administrative sanctions for violation thereof.

1st Offense-one month suspension 2nd Violation- two months suspension 3rd & subsequent violation- 6 months suspension

REPUBLIC ACT NO. 4670 June 18, 1966 THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

Shall apply to all public school teachers except those in the professorial staff of state colleges and universities.

RECRUITMENT AND QUALIFICATION

Provided the minimum educational qualification for teacher-applicants. 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 qualification,

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.

TENURE OF OFFICE

Stressed that stability on employment and security of tenure shall be assured the teachers as provided under existing laws.

HOURS OF WORK AND REMUNERATION

Defined teaching hours, Criteria for salaries, Salary Scale, Cost of Living allowance and other remuneration that teachers are entitled.

Teaching Hours 6 hours-actual classroom teaching per day 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.

LEAVE AND RETIREMENT BENEFITS Provided for provision on Indefinite leave and salary increase upon

retirement an additional benefits for study leave. INDEFINITE LEAVE

shall be granted to teachers when the nature of the illness demands a long treatment that will exceed one year at the least.

STUDY LEAVE Teachers who have at least seven (7) years of continuous service are

entitled to study leave of absence with pay not exceeding one (1) school year subject to approval of the Head of Office.

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.

REPUBLIC ACT NO. 7836-"Philippine Teachers Professionalization Act of 1994."

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. Approved: December 16, 1994

OBJECTIVES (a) The promotion, development and professionalization of teachers and the teaching profession; and (b) The supervision and regulation of the licensure examination. HIGHLIGHTS

Created the Board for Professional teachers Established the examination and registration of teachers. Enumerated the qualification for teacher applicant Enumerated provisions relative to the practice of the teaching profession Instituted the CODE OF ETHICS for PROFESSIONAL TEACHERS

DEFINITION For purposes of this Act, the following terms shall mean: (a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether on part-time or full-time basis in the private or public schools. (b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this Act. (c) "Board“ — refers to the Board for Professional Teachers duly established and constituted under this Act. (d) "Commission" — refers to the Professional Regulation Commission.

CODE OF ETHICS for PROFESSIONAL TEACHERS Art. VII - School Officials, Teachers, and Other Personnel Sec. 1

All school officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened directions.

Sec. 5 School authorities concern shall ensure that public school teachers are employed in

accordance with pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of their work; provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing laws.

Art. VII - School Officials, Teachers, and Other Personnel Sec. 1

All school officials shall at all times show professional courtesy, helpfulness and sympathy towards teachers and other personnel, such practices being standards of effective school supervision, dignified administration, responsible leadership and enlightened directions.

Sec. 5 School authorities concern shall ensure that public school teachers are employed in

accordance with pertinent civil service rules, and private school teachers are issued contracts specifying the terms and conditions of their work; provided that they are given, if qualified, subsequent permanent tenure, in accordance with existing laws.

Art. VIII –The Teacher and the Learners Sec. 4

A teacher shall not accept favors or gifts from learners, their parents or others in their behalf in exchange for requested concessions, especially if undeserved.

Sec. 7 In a situation where mutual attraction and subsequent love develop between

teacher and learner, the teacher shall exercise utmost professional discretion to avoid scandal, gossip and preferential treatment of the learner.

Art. X- The Teacher & the Business Sec. 1

A teacher has the right to engage, directly or indirectly, in legitimate income generation; provided that it does not relate to or adversely affect his work as a teacher.

Sec. 2 A teacher shall maintain a good reputation with respect to the financial matters such

as in the settlement of his debts and loans in arranging satisfactorily his private financial affairs.

Art. XII- Disciplinary Actions Sec. 1

.Any violation of any provision of this code shall be sufficient ground for the imposition against the erring teacher of the disciplinary action consisting of revocation of his Certification of Registration and License as a Professional Teacher, suspension from the practice of teaching profession, or reprimand or cancellation of his temporary/special permit under causes specified in Sec. 23, Article III or R.A. No. 7836, and under Rule 31, Article VIII, of the Rules and Regulations Implementing R.A. 7836.

General

Principles

on

Leave

GENERAL PRINCIPLES ON LEAVE Legal Basis

Omnibus Rules on Leave (Rule XVI of the Omnibus Rules Implementing Book V of EO 292 as amended by CSC MC Nos. 41, s. 1998; 6 and 14, s. 1999; 16 and 22, s. 2002: 13, s. 2004)

CSC Resolutions CSC Memorandum Circulars Opinions and Rulings

RATIONALE OF LEAVE BENEFITS

Reward employees for services continuously rendered Enhance the health and well-being of employees Provide rest so they could come back to the office with renewed vigor and

energy DIFFERENT KINDS OF LEAVE

LEAVE

APPLICABILITY TO

TEACHERS NON- TEACHING PERSONNEL

Vacation Leave √

Sick Leave √

Forced leave √

Maternity Leave √

Paternity Leave √

Special Leave Privilege √

Study Leave √

Rehabilitation Leave √

Solo Parent Leave √

Adoption Leave √

Teachers Leave √

Leave on Violence against Women and their Children

√

Leave of Absence

right granted to officials and employees not to report for work with or without pay as may be provided by law and as the rules prescribe in Rule XVI.

Characteristics of Leave

1. Commutative 2. Cumulative 3. Transferable

Entitlement of Leave Privileges

Appointive Officials and Employees up to the level of heads of executive departments, Head of

Departments, Undersecretaries and employees of the government who render work during the prescribed office hours.

- permanent - temporary - casual shall be entitled to . . . - 15 days vacation leave - 15 days sick leave with full pay exclusive of Saturdays, Sundays, Public Holidays, without limitation as to the number of days of vacation and sick leave that they may accumulate.

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.

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. ACCUMULATION OF VACATION AND SICK LEAVE.

Vacation and sick leave shall be cumulative and any part thereof which may not be taken within the calendar year may be carried over the succeeding years. Whenever any official or employee retires, voluntarily resigns, or is allowed to resign or is separated from the service through no fault of his own, he shall be entitled to the commutation of all the accumulated vacation and/or sick leave to his credit, exclusive of Saturdays, Sundays and Holidays, without limitation as to the number of days of vacation and sick leave that he may accumulate provided his benefits are not covered by special law.

MATERNITY LEAVE (MC No. 22, s. 2002 of CSC Res. No. 021420 and MC No. 13 s. 2004)

refers to leave of absence granted to female government employees (married or not) in every instance of pregnancy irrespective of its frequency

Applicable also to contractual employees and those with pending case and Entitled to 60 calendar days with full pay

Conditions for the grant of maternity leave (Section 11) – Every woman in the government service who has rendered an aggregate of two (2) or more years of service, shall, in addition to the vacation and sick leave granted to her, be entitled to maternity leave of sixty (60) calendar days with full pay. Maternity leave of 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 have served for less than one (1) year shall be entitled to (60) days maternity leave with half pay.

It is understood that enjoyment of maternity leave cannot be deferred but should be enjoyed within the actual period of delivery in a continuous and uninterrupted manner not exceeding 60 calendar days.

Section 13. Every woman, married or unmarried, may be granted maternity leave more than once a year. – Maternity leave shall be granted to female employees in every instance of pregnancy irrespective of its frequency.

The commuted money value of the unexpired portion of the leave need not be refunded and that when the employee returns to work before the expiration of her maternity leave, she may receive both the benefits granted under the maternity leave law and the salary for actual services rendered effective the day she reports for work.

MATERNITY LEAVE-TEACHERS (per DECS Order No. 87, s. 1988) A teacher who gives birth during the Christmas or long vacation period

should be granted 60 days maternity leave with full pay or half pay , as the case may be, effective on the date she delivers her child as well as the proportional vacation pay earned during the school year. However, the teacher should not be allowed to return to duty from maternity leave until after the expiration of the 60-day maternity leave granted to her. The Civil Service however, in its letter stressed that the manner of implementation shall be applied prospectively or after July 30, 1987, and not earlier thereto.

All existing CSC rulings on maternity leave shall also be observed. PATERNITY LEAVE (Omnibus Rules on Leave) Granted to every married male employee 7 working days First 4 deliveries of his legitimate spouse Effective July 15, 1996 Non-cumulative/non-commutative May be enjoyed either in a continuous or in an intermittent manner

immediately before, during and after childbirth or miscarriage of legitimate spouse

MATERNITY AND PATERNITY LEAVE FOR ADOPTIVE PARENTS (Source: CSC Res. 020515 dated April 10, 2002 and RA 8552)

60 calendar days for female employee 7 working days for male employee Pre-adoptive Placement Authority (PAPA) issued by DSWD before

grant of petition for adoption Decree of adoption if availed or after grant of petition for adoption

(issued by the Court) PARENTAL LEAVE FOR SOLO PARENT (MC No. 8, s. 2004, RA 8972)

Granted to solo parent to enable them to perform parental duties and responsibilities where physical presence is required

7 days in addition to existing leave privileges

CONDITIONS IN AVAILMENT -The solo parent must have rendered government service for at least one

(1) year, whether continuous or broken, reckoned at the time of the effectivity of R.A. 8972 on September 22, 2002 and regardless of employment status.

The parental leave shall be availed of every year and shall not be convertible to cash unless specifically agreed upon previously. If not availed of within the calendar year, said privilege shall be forfeited within the same year.

The parental leave shall be availed of on a staggered or continuous basis, subject to the approval of the head of agency/office. In this regard, the solo parent shall submit the application for parental leave at least one (1) week prior to its availment, except on emergency cases.

The head of the agency/office concerned may determine whether granting of parental leave is proper or may conduct the necessary investigation to ascertain if grounds for termination and withdrawal of the privilege exist.

CREDITING OF EXISTING LEAVE If there is an existing or similar benefit under an agency/office policy or

Collective Negotiation Agreement (CNA), the same shall be credited as such. If the same is greater than the seven (7) days provided for in these guidelines, the parental leave law of seven (7) days shall prevail.

Contingency or emergency leave provided under an agency/office policy or CNA, as well as the three (3) days Special leave privileges provided for under section 21, Rule XVI of CSC Memorandum Circular No. 41, s. 1998, shall not be credited as compliance with the parental leave provided for under these guidelines.

REHABILITATION LEAVE (CSC-DBM JC No. 1, s. 2006) granted on account of wounds or injuries incurred in the performance of

one’s duty or job-related employee on full pay but not to exceed 6 months May be availed on a half-time basis or intermittent schedule absence shall not be charged against sick leave or vacation leave

When the official or employee meets an accident while engaged in activities inherent to the performance of his/her duties including being on official business outside of his/her work station, official travel, authorized overtime, detail order, and special assignment orders.

Injuries form accidents that occurred while the official or employee was going to work and going home from work are not considered sustained while in the performance of official duties.

Officials and employees while on Rehabilitation Privilege do not earn and accumulate vacation leave and sick leave.

They shall received their salaries and regular benefits such as Personnel Economic Relief Allowance (PERA). Additional Compensation (Adcom), year-end bonus, and cash gift mandated by law.

They are not entitled however to benefits and privileges that are enjoyed based on the actual performance of duties of positions entitled to these benefits such as Representation and Transportation Allowances.

Claimants of Rehabilitation Privilege benefits are entitled to reimbursed by their agency for first-aid expenses, preferably in government facilities. Reimbursement is subject to the availability of funds and shall not exceed P 5,000.00 unless expenditures beyond said amount are necessary as certified by medical authorities and approved by head of agency.

Procedure Application for Rehabilitation Privilege shall be made through a letter,

supported by relevant reports such as the police report, if any, and medical certificate on the nature of the injuries, the course of treatment involved, and the need to undergo rest, recuperation, and rehabilitation, as the case may be.

Application should be made within one (1) week from the time of the accident except when a longer period is warranted. Applications may be made for the injured official or employee by a member of his/her immediate family.

TERMINAL LEAVE

refers to the money value of the total accumulated leave credits of an employee based on the highest salary rate received prior to or upon retirement date/voluntary separation.

Clearance from the Ombudsman is no longer required for processing and payment of terminal leave. Such clearance is needed only for payment of retirement benefits.

Request for payment of terminal leave benefits must be brought within 10 years from the time the right of action accrues upon an obligation created by law.

refers to the money value of the total accumulated leave credits of an employee based on the highest salary rate received prior to or upon retirement date/voluntary separation.

Clearance from the Ombudsman is no longer required for processing and payment of terminal leave. Such clearance is needed only for payment of retirement benefits.

Request for payment of terminal leave benefits must be brought within 10 years from the time the right of action accrues upon an obligation created by law.

(R.A. No. 101541-Trillanes law)

Period for release of Retirement Benefits - 30 days from actual retirement date

(provided, that all requirements are submitted to the concerned government agency at least 90 days prior to the effective date of retirement) Retiring employees with pending case

- In the case of retiring employees with pending cases and whose retirement benefits are being lawfully withheld due to pecuniary liability, the head of the agency where such case is pending shall ensure that the said case shall be terminated and/or resolved within a period of three (3) months from the date of retirement of the concerned employee. Provided, that in case the concerned agency fails to terminate and/or resolve the case within the said period without any justifiable reason(s), the retirement benefits due to the employee shall be immediately released to him/her without prejudice to the ultimate resolution of the case, except, when the delay is deliberately caused by the retiring employee

LEAVE OF OFFICIALS AND EMPLOYEES ON EXTENDED SERVICE

Entitled to 15 days vacation and 15 days sick leave annually Non-commutative and non-cumulative

TEN-DAY LEAVE UNDER RA 9262 (Anti-Violence Against Women and their Children) Source: Res. No. 051206, s. 2005

“Violence against women and their children” refers to any act or a series of acts committed by any person:

• against a wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship.

REPUBLIC ACT NO. 9710 (Magna Carta of Women – Implementing Rules and Regulations) Special Benefits for Women - Section 18

A woman employee having rendered continuous aggregate employment service of at least six (6)months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery by gynaecological disorders.

TEACHER’s CONCERN ATTENDANCE AND WORK HOURS (DepEd Memo No. 291 s. 2008 and D.O No. 16 s. 2009 & CSC Res. No. 080096 & DepED Service Manual)

Non-teaching Personnel shall render not less than 8 hours of work a day for 5 days a week or a total of

forty (40) hours a week exclusive of time for lunch. Teachers

shall render six (6) working hours of actual teaching and spend the remaining two (2) hours for teaching related activities except lunch breaks and recess periods.

( DepEd Memo No. 291 s. 2008 and D.O No. 16 s. 2009 & CSC Res. No. 080096)

A teacher with less than six (6) hours of actual classroom teaching shall render additional hours of appropriate teaching-related activities and duties enumerated in 2(d) within the school premises to complete six (6) hours.

A teacher with 6 hours of actual classroom teaching and/or equivalent teaching-related activities and duties shall render the remaining two (2) hours of work within or outside the school premises to comply with the 8 hour workday by engaging in the following teaching-related activities and duties . 1. Preparation of lesson plans , action/work plans, instructional

materials, evaluation/assessment tools/rubrics; 2. Preparation and checking of exercises; recording of academic

performance results and classroom accomplishments; 3. Conduct of research; 4. Attendance to seminars, workshops and similar programs; 5. counselling, mentoring, coaching of students including home

visits; 6. consultations and conferences with parents 7. performance of coordination activities and duly recognized

community social services; 8. Participation in the maintenance and improvement of school

facilities and equipment; and 9. other activities identified in the specific guidelines under

paragraph 4 below. Per DepED Manual

Officers and employees of all departments and agencies except those covered by special laws shall render not less than 8 hours of work a day for 5 days a week or a total of forty (40) hours a week exclusive of time for lunch.

Such hours shall be from 8:00 am to 12:00 noon and from 1:00 pm to 5:00 pm.

Teacher’s however shall render six (6) working hours of actual teaching and spend the remaining two (2) hours to complete the required eight (8) hours daily service in preparing lesson plans and instructional devices or renderingother non-teaching services.

The adoption of flexitime shall be allowed in accordance with CSC MC No. 14 s. 1989.

All officers and employees, except presidential appointees shall record their daily attendance on the proper form or, whenever possible, have them registered on the bundy clock.

The record of attendance shall be kept in a conspicuous place in the custody of a responsible officer who shall monitor the arrival and departure of officials and employees.

Timecards shall be placed on the racks all the time. Heads of offices shall be responsible for the attendance on their personnel.

TEACHER’S LEAVE

Teachers shall not be entitled to the usual vacation and sick leave credits but to proportional vacation pay (PVP) of 70 days of summer vacation plus 14 days of Christmas vacation.

PROPORTIONAL VACATION PAY A teacher who has rendered continuous service in a school year without

incurring absences without pay of not more than 1 ½ days is entitled to 84 days of proportional vacation pay.

TEACHERS WHO ARE DESIGNATED TO PERFORM NON-TEACHING FUNCTIONS

Teachers who are designated to perform non-teaching functions and who render the same hours of service as other employees shall be entitled to vacation and sick leave.

TRANSFER FROM TEACHING TO NON-TEACHING SERVICE DURING SUMMER VACATION

A teacher who transferred to the non-teaching service immediately after the

close of the school year during summer vacation, is entitled to proportional vacation pay inasmuch as his right thereto has already accrued.

VACATION SERVICE CREDITS OF TEACHERS

Teachers’ vacation service credits refer to the leave credits earned for services rendered on activities during summer or Christmas vacation, as authorized by proper authority. These vacation service credits are used to offset absences of a teacher due to illness or to offset proportional deduction in vacation salary due to absences for personal reasons or late appointment. The manner by which service credits may be earned by teachers is subject to the guidelines issued by the Department of Education, Culture and Sports (DECS).

COMPUTATION OF VACATION AND SICK LEAVE

Computation of vacation and sick leave shall be made on the basis of one (1) day vacation leave and one (1) day sick leave every 24 days of actual service.

PAYMENT OF UNUSED VACATION SERVICE CREDITS OF TEACHERS

Teacher and other school personnel on the teachers’ leave basis who resigned, retired, or are separated from the service through no fault of their own on or after January 16, 1986 shall be paid the money value of their unused vacation service credits converted to vacation and sick leave using the formula:

VL/SL* = 30y/69 -------- 2 Where 30-Number of days in a month Y -Total number of teachers service credits 69-58 days of summer vacation plus 11 days Christmas vacation *No of days derived shall be divided equally into vacation and sick leave credits FORMULA in obtaining 69 days

84 total number of days of Summer/Christmas vacation -15(*12 days Saturday/Sunday during Summer vacation 3(* days-Christmas Day, Rizal Day, New Year’s Day) Total 69 days SAMPLE PROBLEM

Mr. Pete Delos Santos rendered service from the opening of schools on June 5, 2006 to March 30, 2007. Retired March 31, 2007. He had 40 days of service credits at the time of retirement.

How many days proportional vacation pay should he be entitled? Convert the 40 days service credits into vacation and sick leave. ANSWER

65 days Inclusive of Sat. and Sunday 30 (40)/69 = 17/2 = 8.5

2

CONVERSION OF SL/VL TO VSC (Provided for under CSC MC No. 41, s. 1998 and further amended by CSC MC No. 14 s. 1999)

Conversely, the formula in the conversion of sick and vacation leave credits

to vacation service credits of teachers is as follows: VL + SL Y ---------- x 69 30 SAMPLE PROBLEM

Mr. A, a teacher, transferred to the Office of the Governor carrying with him a total of 250 Vacation Service Credits. What will be his vacation and sick leave balance at the start of his employment at the Office of the Governor?

ANSWER =30(250)/69 2 =7500/69 2 =108.695 vacation leave = 54.34 days sick leave = 54.34 days

At the start of the employment of Mr. A in the office of the Governor, he has already a balance of leave credits of 54.34 days vacation leave and 54.34 days sick leave.

ACTIVITIES ENTITLED TO SERVICE CREDITS (per DECS Order No. 67 s. 1998-July 22,1988)

1) Service during registration and election days; 2) Service for calamity assistance and rehabilitation when schools are used as

evacuation center. 3) Attendance in in-service training courses/seminars during summers and

vacation/holidays; 4) Teaching in non-formal education classes and the like; 5) Service during summer in connection with civic action program; and 6) Service rendered in connection with early opening of a school year

Credits will not be allowed to a teacher for rendering any of the following vacation

assignment: a) Assignment of clerical work, such as checking forms and finishing reports

commonly required in connection with the opening and closing of schools; b) Assignment in connection with athletic meets and training of athletes; c) Assignment of teachers to duty to another bureau or office; d) Assignment in connection with exhibit at a fair; e) Postponement of the regular teacher vacation; and f) All other assignments similar in nature as enumerated above.

Teachers and other school personnel on the teacher’s leave basis who resign, retire or are separated through no fault of their own on or after January 16, 1986 shall be paid the money value of their unused service credits in addition to the proportional vacation pay earned during the school year.

Administrative

Discipline

ADMINISTRATIVE DISCIPLINE (Employee Discipline) CSC Resolution No. 1101502, November 8, 2011

DEFINITION Part of Administrative law which deals with administrative infractions or grounds for disciplinary actions, administrative penalties and administrative disciplinary procedures.

POLICIES/LAWS COVERING ADMINISTRATIVE DICIPLINE LEGAL BASES:

1. Art. XI, 1987 Constitution (Public Accountability) 2. Art. IX, 1987 Constitution (Civil Service) 3. The Revised Administrative Code of 1987 (E.O. 292) 4. Local Government Code (RA 7160) 5. RA 6713 (Code of Conduct and Ethical Standards for Public Officials and

Employees 6. The Ombudsman Act 7. Uniform Rules on Administrative Cases 8. Administrative Disciplinary Rules on Sexual Harassment Cases 9. Supreme Court Decisions 10. CSC Resolutions 11. Other Laws dealing with administrative discipline

COVERAGE

All Disciplinary and Non-Disicplinary Cases in CSC, NGAs, LGUs and GOCCs Suppletory Application to Sexual Harassment Cases (governed by CSC Resolution

No. 010940)

JURISDICTION OF HEADS OF AGENCIES Concurrent with the Commission Decision is final if:

penalty is not > 30 days suspension OR not > 30 days salary Decisions of Department Secretary, head of agency, governor, and mayor

executory pending appeal to the Commission

CASES COGNIZABLE BY THE CSC DISCIPLINARY

Appealed Decisions of CSCROs and Heads of Agencies Complaints against CSC-CO Personnel and those in CSCROs appointed by the

Commission Officials who are not presidential appointees Requests for transfer of venue Appeals from order of preventive suspension

NON –DISCIPLINARY Appealed Decisions of CSCROs and Heads of Agencies Requests for recommendation for removal of administrative penalties Protests, requests for extension of service Appeal on reassignments of public health/social workers Requests for correction of personal information

CASES COGNIZABLE BY CSCROs DISCIPLINARY

Cases filed against rank and file employees within their geographical jurisdiction

Complaints against CSCRO personnel Petitions to place respondent under preventive suspension

NON –DISCIPLINARY Appeals on disapproval/recall/invalidation of appointments Appeals on decisions of heads of agencies in protest cases and other

personnel actions Requests for accreditation of service and correction of personal information

OFFENSES AND PENALTIES

Schedule of Penalties

Grave Offenses

Less Grave Offenses

Light Offenses

dismissal from the service OR

1st offense - suspension of 6 mos. and 1 day to 1 year

2nd offense - dismissal from the service

1st offense - suspension of 1 mo. and 1 day to 6 mos.

2nd offense - dismissal from the service

1st offense - reprimand

2nd offense - suspension of 1 to 30 days

3rd offense - dismissal

PENALTIES-Duration,Admin. Discipline,Exoneration

KINDS OF PENALTY

DURATION AND EFFECT OF PENALTIES

ADMINISTRATIVE DISABILITIES INHERENT IN

PENALTIES

EFFECTS OF EXONERATION ON PENALTIES

Dismissal permanent separation from the service

cancellation of eligibility, forfeiture of benefits, perpetual disqualification from holding public office, and bar from taking civil service examinations

reinstatement without loss of seniority rights with payment of back salaries and all benefits Respondent shall be entitled to the leave credits for the period he/she had been out of the service

Demotion appointment to next lower position or diminution of salary to next lower grade if no such position is available

disqualification from promotion for 1 year

restoration to former position without loss of seniority rights, and entitlement to payment of salary differentials

Suspension temporary cessation of work; considered gap in the service; respondent not entitled to monetary benefits and leave credits

disqualification from promotion for the duration of suspension

reinstatement without loss of seniority rights with payment of back salaries and all benefits

Fine disqualification from promotion for the same period of the fine; gap in the service; respondent not entitled to monetary benefits including leave credits

shall be refunded

DECS REVISED RULES OF PROCEDURE (DepED Order No. 49, s. 2006 which supersedes Order No. 43 dated October 19, 2006 and DECS Order No. 33, s. 1999)

DISCIPLINING AUTHORITY

Department = Secretary Regions = Regional directors Division = Division Superintendents for administrative actions against non-teaching personnel

the disciplining authorities in the department shall be the secretary and the regional directors in their respective regions. The division superintendents shall be empowered as disciplining authorities for administrative actions against non-teaching personnel in their respective school divisions.

JURISDICTION

The secretary shall have exclusive jurisdiction for disciplinary actions against officers and employees of DepED central office and against presidential appointees such as assistant superintendents, superintendents, assistant regional directors, regional directors, assistant secretaries and undersecretaries. The decisions of the secretary over administrative cases against presidential appointees shall be subject to confirmation, disapproval or modification by the President.

CSC -CONCURRENT JURISDICTION SC Decision-GR No. 179452- CSC vs. ALFONSO -11 June 2009

The Supreme Court ruled that even though the CSC has appellate jurisdiction over disciplinary cases decided by government departments, agencies, and instrumentalities, a complaint may be filed directly with the CSC, and the CSC has the authority to hear and decide the case, although it may in its discretion opt to deputize a department or an agency to conduct the investigation, as provided for in the Civil Service Law of 1975

The Court also ruled that since the complaints were filed directly with the CSC and the CSC has opted to assume jurisdiction over the complaint, the CSC's exercise of jurisdiction shall be to the exclusion of other tribunals exercising concurrent jurisdiction.

GROUNDS

dishonesty; oppression; neglect of duty; misconduct; disgraceful and immoral conduct; being notoriously undesirable; discourtesy in the course of official duties; inefficiency and incompetence in the performance of official duties; receiving for personal use of a fee, gift or other valuable thing in the course of

official duties or in connection therewith when said things are given by any person in the hope of receiving a favor or better treatment;

conviction of a crime involving moral turpitude; unauthorized solicitation of contributions from subordinate employees and by

teachers or school officials from school children. Violation of existing Civil Service Law and Rules or reasonable office regulations

falsification of official documents; frequent unauthorized absences or tardiness in reporting for duty, loafing

or frequent unauthorized absences from duty during regular office hours; habitual drunkenness; gambling prohibited by law; refusal to perform official duty or render overtime service; disgraceful, immoral or dishonest conduct prior to entering the service; physical or mental incapacity or disability due to immoral vicious habits;

borrowing money by superior officers from subordinates or lending by subordinates to superior officers; lending money at usurious rates of interest;

willful failure to pay just debts or willful failure to pay taxes due the government; contracting loans of money or other property from persons with whom the office of the employees concerned has business relations;

pursuit of private-business, vocation or profession without the permission required by the Civil Service rules and regulations; insubordination; and engaging directly or indirectly in partisan political activities by one holding a non-political office are grounds for disciplinary action.

Other grounds are conduct prejudicial to the best interest of the service; lobbying for personal interest or gain in legislative halls or offices without

authority; promoting the sale of tickets in behalf of private enterprises that are not

intended for charitable or public welfare purposes and even in the latter cases if there is no prior authority;

nepotism as defined in Section 59, Chapter 8, Subtitle A, Title I, Book V of Executive Order No. 292;

and sexual harassment as defined and penalized under CSC Resolution No. 01-0940.

PENALTIES

Administrative offenses shall be imposed with penalties which are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service.

Penalties include reprimand, suspension and dismissal from the service.

GRIEVABLE ISSUES (DO No. 33 s. 1999 now amended by DO No. 49)

Unsatisfactory working conditions Improper, tedious or laborious work assignment Faulty tools and equipment Unsatisfactory personnel and work processes Improper placement and selection of personnel Improper appreciation of the factors relative to lay-offs, promotions, salary

increases and transfers Arbitrary exercise of discretion Interpersonal relationship Policies practices and procedures which affect employees, and Any and all matters giving rise to employee dissatisfaction

GRIEVANCE PROCEDURE (DO No. 33 s. 1999 now amended by DO No. 49) GRIEVANCE

Refers to the dissatisfaction that arise in the working conditions, relationship or status among co-workers that believed to be wrong , unfair, ignored or dropped without due consideration.

GRIEVANCE PROCEDURE Refers to a workable procedure for determining or providing the best way to

remedy the specific cause or causes of the Grievance. WHEN GRIEVANCE PROCEDURE IS NOT APPLICABLE

When the dissatisfaction calls for disciplinary actions, it shall not be considered as grievance

GRIEVANCE COMMITTEE

A Grievance Committee is not allowed to hear and decide administrative disciplinary cases.

PROCEDURE IN COMMENCING ADMINISTRATIVE CASES Administrative proceedings may be commenced motu propio by the

Secretary of Education, the Regional Director, in case of DepED Officials and teaching and non-teaching personnel, and their jurisdiction. Said proceedings may also be commenced upon sworn written complaint of any other persons.

FORM OF COMPLAINT A complaint shall be under oath and shall be written in a clear, simple and

concise language so as to inform the persons complained of, about the nature and cause of accusation against him to enable him to intelligently prepare his defense or answer.

EFFECT OF THE PENDENCY OF AN ADMINISTRATIVE CASE

Pendency of an Administrative Case shall not disqualify respondent for promotion or from claiming maternity/paternity benefits.

NO PUBLICITY DURING PENDENCY OF AN ADMINISTRATIVE CASE AGAINST TEACHER

No publicity shall be given to any administrative case against teacher during the pendency of his case.

PERIOD TO RENDER DECISION The disciplining authority shall render his Decision on the case within thirty

(30) days from receipt of the Report of Investigation.

Retirement

DEFINITION OF RETIREMENT

It is the state of withdrawing from a job or career at or near the usual age for doing so. It usually occurs at the end of an employee’s career. It results in the individual’s receiving benefits from the organization. This may include a retirement benefit package.

FEATURES OF RETIREMENT

Ideally, the organization plans retirement in advance. In the Philippines, the retirement benefits of government officials and employees have the following features:

Retirement is compulsory at age 65; Employees who entered the service before June 1, 1977 and who

have not received any separation or retirement benefits have the option to retire under R.A. Nos. 8291, 660, or 1616;

The benefits shall be paid only on the bases of the amount and number of monthly premiums actually paid by a member - this is the Premium-based Policy.

This means that the benefits a member receives must correspond to the contributions received by the GSIS in his/her behalf. Mere service in government is not sufficient to entitle one to the benefits under the social insurance laws administered by the System.

REQUIREMENTS FOR RETIREMENT CSC Form No. 6 (Approved application for leave, two copies); Certificate of clearance from money and property accountabilities; Complete statement of service record; Fiscal Clearance (place of assignment) Fiscal Clearance (place of residence) Certification that the teacher has no pending administrative or criminal case; Certification that the teacher has filed a SALN; Copy of the following:

-last appointment -appointment showing highest salary received if salary under last appointment is not the highest -approved retirement application -GSIS certificate of clearance; -approved DECS ID

Clearance from the Office of the Ombudsman.

RETIREMENT UNDER RA 8291 When availing of the retirement program under RA 8291, only two things

should be considered: age and the length of service. To qualify for this retirement mode: The retiree must have rendered at least 15 years of service and must be

at least 60 years of age upon retirement. He /she must not be a permanent total disability pensioner. Unlike other retirement modes, the last three years of service of a retiree

need not to be continuous under RA 8291

Retiring members who will opt to retire under RA 8291 are entitled to either of the following:

Option 1: 5-Year Lump Sum and Old Age Pension Under this option, the retiree can get his/her five-year worth of pension

in advance. The lump sum is equivalent to 60 months of the Basic Monthly Pension (BMP) payable at the time of retirement. After five years, the retiree will start receiving his/her monthly pension.

Option 2: Cash payment and Basic Monthly Under this option, the retiree will receive a Cash Payment equivalent to

18 times the Basic Monthly Pension (BMP) payable upon retirement and then a monthly pension for life payable immediately after his retirement date.

RA 7699-PORTABILITY LAW (May1 ,1994)

AN ACT INSTITUTING LIMITED PORTABILITY SCHEME IN THE SOCIAL SECURITY INSURANCE SYSTEMS BY TOTALIZING THE WORKERS' CREDITABLE SERVICES OR CONTRIBUTIONS IN EACH OF THE SYSTEMS.

Applicable to government retirees who do not meet the required number of years provided under PD 1146 and RA 8291 can still avail of retirement and other benefits.

Under the scheme, one can combine his/her years of service in the private sector represented by his/her contributions to the Social Security System (SSS) with his/her government service and contributions to the GSIS to satisfy the required years of service under PD 1146 and RA 8291.

GOVERNMENT SERVICE INSURANCE SYSTEM RETIREMENT BENEFITS GSIS Retirement Packages

GSIS Retirement Packages

Those in the service

on or before

May 31, 1977

Those in the service

after

May 31, 1977

Those in the service

on or after June 24,

1997

RA

1616

RA

660

RA

8291

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 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.

II. RECRUITMENT AND CAREER

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:

(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.

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 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.

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.

Sec. 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.

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.

Sec. 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.

Sec. 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.

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.

Sec. 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 methods.

III. HOURS OF WORK AND REMUNERATION

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.

Sec. 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.

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.

Sec. 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.

Sec. 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.

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.

Sec. 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.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries of teachers except under specific authority of law authorizing such deductions: Provided, however, That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to the Philippine Public School Teachers Association, and (2) premiums properly due on insurance policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 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.

Sec. 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.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 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.

Sec. 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.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and service requirements of the applicable retirement laws shall be given one range salary raise upon retirement, which shall be the basis of the computation of the lump sum of the retirement pay and the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 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.

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,

(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.

Sec. 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.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 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.

Sec. 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.

Sec. 32. Penal Provision. 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.

Sec. 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.

Sec. 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.

Sec. 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

REPUBLIC ACT NO. 7836

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.

ARTICLE I TITLE

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.

Sec. 3. Objectives. — This Act has the herein objectives:

(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:

(a) "Teaching" — refers to the profession concerned primarily with classroom instruction, at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports, whether on part-time or full-time basis in the private or public schools. (b) "Teachers" — refers to all persons engaged in teaching at the elementary and secondary levels, whether on full-time or part-time basis, including industrial arts or vocational teachers and all other persons performing supervisory and/or administrative functions in all schools in the aforesaid levels and qualified to practice teaching under this Act.

(c) "Board" — refers to the Board for Professional Teachers duly established and constituted under this Act.

(d) "Commission" — refers to the Professional Regulation Commission.

ARTICLE II BOARD FOR PROFESSIONAL TEACHERS

Sec. 5. Creation and Composition of the Board. — There is hereby created under this Act a Board for Professional Teachers, hereinafter called the Board, a collegial body under the general supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of five

(5) members who shall be appointed by the President of the Philippines from among the recommendees chosen by the Commission. The recommendees shall be chosen from the list of nominees selected by the accredited association of teachers, who duly possess all the qualifications prescribed in Section 8 of this Act.

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;

(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. 9. Compensation of the Board. — The chairman, vice-chairman, and members of the Board shall receive compensation comparable to the compensation received by existing regulatory boards under the Professional Regulation Commission, computed on the basis of the number of examinees/candidates.

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.

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.

ARTICLE III EXAMINATION AND REGISTRATION

Sec. 13. Examination, Registration and License Required. — Except as otherwise specifically allowed under the provisions of this Act, all applicants for registration as professional teachers shall be required to undergo a written examination which shall be given at least once a year in such places and dates as the Board may determine upon approval by the Commission. A valid certificate of registration and a valid professional license from the Commission are required before any person is allowed to practice as a professional teacher in the Philippines, except as otherwise allowed under this Act.

Sec. 14. Scope of Examination. — The examinations for the elementary and secondary school teachers shall be separate. The examination for teachers in the elementary level shall consist of two (2) parts, namely: professional education and general education. The examination for teachers in the secondary level shall consist of three (3) parts, namely: professional education, general education, and field of specialization.

Sec. 15. Qualification Requirements of Applicants. — No applicant shall be admitted to take the examination unless, on the date of filing of the application, he shall have complied with the following requirements:

(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:

(1) For teachers in preschool, a bachelor's degree in early childhood education (BECED) or its equivalent;

(2) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;

(3) For teachers in the secondary grades, a bachelor's degree in education or its equivalent with a major and minor, or a bachelor's degree in arts and sciences with at least ten (10) units in professional education; and

(4) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with at least eighteen (18) units in professional education.

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.

Sec. 17. Issuance of Certificate of Registration and Professional License. — The registration of a professional teacher commences from the date his name is enrolled in the roster of professional teachers.

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.

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. 19. Periodic Merit Examination of Teachers. — To encourage continuing professional growth and development and to provide additional basis for merit promotion, in addition to their performance rating, teachers may take an oral and written examination at least once in five (5) years as basis for merit promotion. In taking this examination, no fee shall be required.

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:

(a) Be awarded a diploma of merit by the Board;

(b) Earn merit points for purposes of promotion in salary or to a higher position or grade level;

(c) Be placed in the priority list for government scholarship; and

(d) Enjoy such other benefits as may be promulgated by the Board.

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:

(a) Conviction for any criminal offense by a court of competent jurisdiction;

(b) Immoral, unprofessional or dishonorable conduct;

(c) Declaration by a court of competent jurisdiction for being mentally unsound or insane;

(d) Malpractice, gross incompetence, gross negligence or serious ignorance of the practice of the teaching profession;

(e) The use of or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license or special/temporary permit;

(f) Chronic inebriety or habitual use of drugs;

(g) Violation of any of the provisions of this Act, the rules and regulations and other policies of the Board and the Commission, and the code of ethical and professional standards for professional teachers; and

(h) Unjustified or willful failure to attend seminars, workshops, conferences and the like or the continuing education program prescribed by the Board and the Commission.

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. 24. Registration by Reciprocity. — No teacher of a foreign nationality shall be admitted to the examination, or be given a certificate of registration or be entitled to any of the rights and privileges provided under this Act; unless the country or state of which he is a subject permits Filipino professional teachers to practice within its territorial limits on the same basis as subjects or citizens of said country or state: Provided, that the requirements of certification of teachers with said foreign state or country are substantially the same as those required and contemplated under this Act: Provided, further, That the laws of such state or country grant the same privilege to Filipino professional teachers on the same basis as the subject or citizens of such foreign country or state.

Sec. 25. Roster of Professional Teachers. — A roster of professional teachers containing the names and addresses of professional teachers, date of registration or issuance of certificate, and other data which in the opinion of the Board may appear pertinent shall be maintained. Copies of the roster shall be provided by the Commission to the Board, the Department of Education, Culture and Sports, and the integrated and accredited organization of professional teachers.

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:

(a) A holder of a certificate of eligibility as a teacher issued by the Civil Service Commission and the Department of Education, Culture and Sports; or

(b) A registered professional teacher with the National Board for Teachers under the Department of Education, Culture and Sports (DECS) pursuant to Presidential Decree No. 1006; or

(c) Not qualified under paragraphs one and two but with any of the following qualifications. to wit:

(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.

ARTICLE IV PROVISIONS RELATIVE TO THE PRACTICE OF THE TEACHING PROFESSION

Sec. 27. Inhibition Against the Practice of the Teaching Profession. — Except as otherwise allowed under this Act, no person shall practice or offer to practice the teaching profession in the Philippines or be appointed as teacher to any position calling for a teaching position without having previously obtained a valid certificate of registration and a valid professional license from the Commission.

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:

(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.

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.

Approved: December 16, 1994