2. Teaching Personnel in the Public
Schools
As Civil Service Employees, the public
school teachers, supervisors, and
administrators are enjoying special
privileges. All privileges of the teaching
personnel are prescribed by law.
3. Some of the privileges granted are the
following:
1. Persons in Authority
Commonwealth Act No. 578
This law recognizes supervisors, teachers, and
professors of public and recognized private
schools as persons in authority. Any person guilty
of assault made directly or indirectly upon a
supervisor, teacher, or professor will be subject
to penalty or imprisonment ranging from six
months and one day to six years and a fine from
P500.00 to P1,000.00. ( Approved, June 8, 1940 )
4. 2. Study Leave
A one-year study leave with pay shall be granted to a
teacher who has rendered at least seven years of
satisfactory teaching.
Magna Carta’s Section 24 states: “During the period of
such leave, the teacher shall be entitled to at least 60% of
his 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.”
5. 3. Maternity Leave
Commonwealth Act No. 647, as amended by Rep. Acts No.
270 and 1564, provides maternity leave to regular and
temporary female who are married.
Regular teachers with two and a half or more years of
service are entitled to 60 days of maternity leave with full
pay, while those with less than two and a half years of
service are entitled to 60 days, with half pay.
Temporary teachers with at least two years of service are
entitled to 60 days of maternity leave with half pay.
6. 4. Outside Teaching
Ed. Department Order No. 9,s 1959
enclosed to B.P.S. Circular No. 4, s. 1960
and General letter No. 112, dated July
11,1960 , allows public school teachers,
elementary, or high school to teach in
private evening schools in not more than 12
hours a week in addition to their regular
loads in their own schools.
7. 5. Retirement Benefits
Teachers from the public school are given a one-range
salary raise upon retirement. A teacher belonging to Step
3, for instance, will be classified upon retirement as within
Step 4 of the next range. The salary for the higher range
and monthly salary for the last three years before effective
date of retirement will be the basis for computation of the
lump sum retirement pay.
A lifetime monthly pension equivalent to 90% of their
monthly salary is given to those who retire at age 60, under
Presidential Decree No. 1146 (Old Age Pension). Under
Republic Act 660, an annuity benefit equivalent to 80% of
the monthly salary for the last three years shall be given to
those who retire at age 63.
8. 6. Vacation and Sick Leave
(Revised Administrative Code Sec.275, as
amended by Commonwealth Act No. 220 and RA
No. 218)
Vacation and sick leave are cumulative and any
part which may not be taken within the school
calendar year may be carried over to the
succeeding year.
A sick teacher who has used his accrued leave
privileges is entitled to go sick leave without pay.
9. 7. Compulsory Insurance
(Commonwealth Act No. 186, as amended
by Rep. Act Nos. 660 and 1616)
Provides for life and retirement insurance.
Membership in the GSIS is compulsory
upon all teachers, except those who are
substitute, upon all regularly and
permanently appointed school employees.
10. 8. Vacation Pay
All teachers, except those who are on
vacation and sick leave basis are on the
teacher’s leave basis. They are all entitled
to pay during the Christmas and long
vacations.
Temporary teachers who have served at
least six months are also entitled to
vacation pay. Teacher’s vacation pay may
be commuted or paid in advance.
11. 9. Service Credits
A teacher on the teacher’s leave basis is
given service credit when he is asked to
work during the vacation period.
This service credit may be used to offset
past and future absences due to illness or
other reasonable causes.
12. 10. Salary Loan
Public school teachers are allowed to
borrow money from the Government
Insurance System, an amount not to
exceed his monthly salary.
13. 11. Free Medical Consultation
The public school teachers are required to have
annual physical check-up.
They are given free medical consultation by the
school physician.
12. Compensation for injuries
Teachers are protected against the
consequences of employment injuries. The
effects of the physical and nervous strain in the
teacher’s health shall recognized as a
compensable occupational disease in
accordance with the existing laws.
14. 13. Cost of Living and special Hardship
Allowance
The teachers salaries shall keep pace
with the rise in the cost of living by the
payment of a cost-of-living allowance
which shall automatically changes in a
cost-of –living index.
Special hardship allowance are to be
enjoyed by public school teachers in areas
who are exposed to hardship /hazards.
15. 14. Enjoy Academic Freedom
(Sec 5, Article XIV of the Phil. Constitution and by
Rep. Act No. 4670 which is known the Magna
Carta for Public School Teachers)
The right of the teacher to an atmosphere of
academic freedom in the discharge of his
professional duties
Teachers are therefore free to use any method
of teaching they think best for the pupils.
16. 15. Joining Teachers’ Organization
Public school teachers shall have the right and
without previous authorization freely to establish
or to join organizations.
16. Working Hours for Teachers
Teachers engaged in actual classroom teaching
are required to render not more than six hours of
actual classroom teaching a day.
They 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.
17. 17. Tenure of Office
Regular or Permanent Public School
teachers and officials are granted stability
of employment and security of tenure.
Teachers appointed on a provisional
status or temporary who rendered ten
years of continuous, efficient, and faithful
service as of June 18, 1966, and all
teachers who have rendered ten years, of
extended permanent appointment.
18. PRIVILEGES OF TEACHERS IN
PRIVATE SCHOOLS
Teachers in private schools, like the public
school teachers, enjoy some privileges
besides their tenure of office.
Social Security System provided its
members the following benefits: death,
disability, sickness, and retirement benefits.
19. Other privileges
1. Maternity Leave (R.A. 679)
provides maternity leave to married female
teachers in private schools.
2. Study Leave
Some private schools, colleges, and universities
also grant study leave to their deserving faculty
and staff members in the form of scholarship,
visiting other schools in foreign countries, or
exchange with teachers from foreign schools or
universities.
20. 3. Vacation Pay
In some private schools or universities, teachers
are given bonuses for extra work done during
summer vacation.
4. Hospital Privileges
Besides the provision in the Social security
concerning sickness benefits, teachers in some
private schools, colleges and universities enjoy
hospital privileges by becoming members of the
hospitalization plan
21. OTHER LAWS
Republic Act No. 660
This Act amended Section 12 of Commonwealth Act
186. The Act provides for automatic retirement at the age of
65 if the teacher has completed 15 years of service. If he has
not, he shall be allowed to continue in service until he
completes 15 years, unless he is otherwise eligible for
disability retirement. Upon specific approval of the
President of the Republic of the Philippines, an employee
may be allowed to continue to serve after the age of 65 if he
possesses special qualifications and his service are needed.
It shall be the duty of the latter’s automatic separation from
the service at least sixty days before his retirement takes
effect.
22. Republic Act No. 842 ( Amended R. A. No. 312 )
The salary Act of 1953 (R.A No. 842) provides for a
revised salary scale and automatic salary increases for
public school officials, teachers, and other school
personnel. This law allocates the grades and the salary
scale for the various positions. This Act provides
further that a teacher with educational qualifications or
civil service eligibility higher than the standard
required for the position to which he is appointed,
shall be given a higher entrance salary than a teacher who
merely meets the standards. It also provides that salaries
of all the school personnel shall first be adjusted
in accordance with the entrance salary rates prescribed in
this Act. After the adjustments in salary has been
provided, increases for regular personnel shall be
automatically effected until the maximum rates have been
attained. (Approved, May 1, 1953)
23. Republic Act No. 4670, entitled
“ The Magna Carta for Public School Teachers”
The purpose of this Act is 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. This will help public
school teachers compare favorably with other
professionals and therefore will attract and retain in the
teaching profession more qualified people who are
aware that education is an essential factor in the
economic growth of the nation. (cf. Inclosure 1 and 2 for
the full text)
24. Presidential Decree No. 1148 – Amending and Increasing
the Pension of the Teachers Retired Under Act No. 3050 as
Amended. Issued May 31, 1997.
Section 1 – The pension of a teacher who retired under Act No. 3050
shall be increased by one hundred pesos monthly, and that of every
one of his/her beneficiaries, by fifty pesos monthly.
Section 2 – Appropriations for the fiscal year and annually thereafter
shall come from inappropriate funds of the National Treasury.
25. Letters of Instructions (LOIs)
LOI No. 998 – On the Purchase of Uniforms for
Certain Agencies of the National Government.
Issued March 13, 1980.
- School teachers shall be given the option to
receive their uniform allowance in the form of cash
or in the form of material centrally procured by the
Ministry of Education and Culture at its head office
or the regional office from HERDITEX Incorporated.
LOI No. 1414 – Directing the Evaluation of Proposal
Intended to Improve Teacher Welfare.
Issued June 22, 1984.
- The Trustees of the Government Service Insurance
System (GSIS) shall study and act on the possibilities of (a)
receiving the housing loan program and generally of
improving on the benefits attendant to system
membership and (b) supporting the establishment
and operation of dormitories for school teachers.
26. Executive Orders
Executive Order No. 500 – Establishing a New System of
Career Progression for Public School Teachers .
Issued March 21, 1978. (Refer to Inclosure 1)
- The rationale behind this executive order is to retain
quality teachers in the teaching profession. An excellent
teacher can be promoted to the rank of a Master Teacher
provided he meets all the necessary requirements for the
position.
- It provides a bifurcated system of budgeting for the
supervisory and the teaching group. The salary of the
Head Teacher is the same as the salary of Master Teacher
I, Principal I and Master Teacher II, etc.
- Remarks: Implemented in MEC Order No. 10, s. 1979
(Jan. 31, 1979), entitled “Implementing Rules and
Regulations for the System of Career Progression for
Public School Teachers,” as promulgated by the Civil
Service Commission, the Budget Commission, and the
MEC. (Refer to Inclosure 4 for the full text)
27. Executive Order No. 189 – Legal Rights for Teachers
Labor standards laws fix and prescribe the minimum
terms and conditions of employment such as wages, allowances, and
benefits. They provide minimal standards of living for health
efficiency and general well-being of the teachers.
Wages / Salaries
The International Labor Organization – United Nations
Educational, Scientific and Cultural Organization (ILO- UNESCO)
Conference in Paris, France adopted on Oct. 5, 1966 the following
recommendations that would provide just wages to teachers
28. The salaries given to teachers should be fitting
recognition of the enormous responsibility they have to
the society that they serve.
Compare favorably with salaries paid on other
occupations requiring similar or equivalent
qualifications.
Provide teachers with the means to ensure a reasonable
standards of living for themselves and their families as
well as to invest in further education and the pursuit of
cultural activities, thus enhancing their professional
qualifications.
Take account of the fact that certain posts require
higher qualifications and experience and carry greater
responsibilities.
29. Some Recent Laws and Issuances Governing
Teachers’ Salaries
Executive Order No. 153 was issued by President C.
Aquino on March 25, 1987 and took effect on March 1, 1987. It provided for
20% salary increase for the public elementary and secondary teachers but
15% only for the teachers in SCUs. This order was implemented through
National Compensation Circular No. 47 and Local Budget Circular No. 29,
issued by the Department of Budget and Management on April 13, and April 2,
1987, respectively.
Republic Act No. 6642, otherwise known as General
Appropriaions Act for 1988, granted another 10% increase
for
all government teachers, effective January 1, 1988. Its
implementing rules and regulations are provided in National
Compensation Circular (NCC) No. 51.
30. Wage Supplements
A wage supplement is an extra amount, whether in cash or in
kind, which a teacher receives regularly, over and above his/her
wages.
Cost of Living Allowance (COLA)
Public school teachers’ cost of living allowance is provided
under the Magna Carta’s Section 18, which states that: “Teachers’
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
follow automatically the changes in a cost-of-living index. The
Secretary of Education shall recommend to Congress at least
annually the apportion of the necessary funds for the cost-of-
living allowance.”
31. Laws on Cost-of-Living Allowances
National Compensation Circular No. 41, which took effect on
July 1, 1986 increased the former COLA of public school teachers by
P150, raising the former P350 to P500 per month.
Additional COLA was provided by the national government in
National Compensation Circular No. 52 effective January, 1988
increasing the COLA to P700.
The current salary rates of public school teachers, however,
are still below the decent income threshold for a family of six members
which is P162 per day of P4,860 monthly according to the March 8,
1988 figures of the Bureau of Labor and Employment Statistics (BLES).
The purchasing power of the teachers’ pay is also fast eroded
by the imposition of new taxes like the value added tax (VAT) which
triggered another round of price hikes of basic goods and services by
at least 20%.
32. Another law providing local COLA for the public school
teachers is the Special Education Fund Act (republic Act 5447) as
amended by Letter of Instructions No. 1462, section 2.4, issued on May
31, 1985, which states that:
“Allowances given to public school teachers out of the Special
Education Fund (SEF) shall not exceed one hundred percent (100%) of
the basic pay in first class local government units, seventy five percent
(75%) in second and third class local government units, and fifty (50%)
percent in fourth and lower class of local government units.”
This is the reason why some Manila teachers are given higher
COLAs over and above the P700 per month provision from the national
government. As an example, Makati and Parañaque public school
teachers are receiving COLA which is equivalent to 100% of their basic
salaries. This is the result of the militancy of teachers in negotiating for
just shares from the SEF for their fringe benefits like the local COLA.
33. Clothing Allowance
An annual antional clothing allowance of P300 is given to
all public school teachers under Sec. 33, Batas Pambansa No. 866
(General Appropriation Act of 1985)
Manila teachers receive an additional P300 local, or
city/municipal government share. Quezon City, Marikina,
Mandaluyong and San Juan teachers are granted a local share of
P900.This is likewise a product of their unrelenting struggles during
the previous years.
34. Year-End Bonus and Cash Gift
By virtue of Executive Order No. 130, all government
teachers and employees shall be granted a year-end bonus equivalent to one-
month basic salary and a cash gift of P1,000. The EO is implemented
through NCC No. 49, effective November 13, 19887. The year-end bonus
corresponds to the 13th
- month pay given to private employees.
Medical Allowance
An annual medical allowance of P2,000 was given to all
government teachers and employees in 1986 only. But it ceased to be
granted with the issuance of Executive Order No. 147 on March 3, 1987.
Government teachers and employees are now clamoring for the
regularization of this benefit due to increasing cases of work-related
illnesses affecting civil servants throughout the country. DECS
officials, however, recently came out with the statistics that only 10% of the
350,000 public school teachers were afflicted with tuberculosis.
35. Additional Compensation For Extra Work
Public school teachers must be paid additional compensation
equivalent to 25% of their basic pay for extra work rendered.
Magna Carta’s Section 14 states that: “Notwithstanding any
provisions of existing law to the contrary, co-curricular and out-of- school
activities and any other activity outside what is defined as normal duties of
any teacher should be paid an additional compensation of at least 25% of
his/her regular remuneration after the teacher has completed at least
six hours of classroom teaching a day.”
Subsidy for Instructional Materials
The 1981 national budget under Batas Pambansa No. 80 initiated
the practice of giving the public school teacher P100 a year for chalk and other
school supplies. This practice was institutionalized through DECS
Memorandum No. 79, dated Feb 13, 1981.
36. Other Labor Standards
Subject Load and Teaching Hours - Public school teachers
engaged in classroom instruction may not be required to render more than
six hours of classroom teaching. Working beyond these hours entitles
teachers to receive an additional compensation of at least 25% of their
regular remuneration.
Health and Welfare - Among the health and welfare benefits
guaranteed to teachers under the Law are:
(a) free compulsory medical examination once a year
(b) compensation for work-connected diseases or injuries
according to existing workmen’s compensation laws
(c) 60-day maternity leave during which a female teacher is
entitled to full pay
37. GSIS, MEDICARE and PPSTA Benefits
GSIS Benefits
(a) Permanent and/or partial disability benefits for work-
related injury or illness, payable in lump sum or
monthly basis
(b) Sickness-income benefits for non-work related injury
or illness, payable in lump sum or monthly basis
(c) Optional life insurance for dependents, with premium
costs lower than those available from private insurance
companies
(d) Survivorship benefits that accrue to dependents of
members and pensioners, payable in monthly pension
(e) Funeral benefits raised from P750 to P1,000
38. Medicare
(a) Hospitalization benefits
(b) Surgical expense benefits
(c) Medical expense benefits
(d) Sterilization expense benefits
PPSTA Benefits
(a) Mutual aid sytem
(b) Free accident insurance worth P2,000
(c) Mutual financial assistance in cases of hospitalization
and calamity
39. No Discrimination Policy (RA 4670, Section 10)
“There shall be no discrimination whatsoever in entrance to the
teaching profession or during its exercise, or in the termination
of services other than professional consideration.”
Married Teachers (RA 4670, Section 11)
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.
Indefinite Leave (RA 4670, Section 25)
An indefinite sick leave shall be granted to teachers when the
nature of illness demands a long treatment that will exceed one
year at the least.