Registration as a professional
- Duly licensed public school teachers have the right to be included in the Roster of Professional Teachers and to be issued a Certificate of Registration, which can not be cancelled, revoked or suspended except for a cause and after due process. (Section 17, RA 7836)
- Except when required by the exigency of service (Magna Carta), no person shall be appointed as a teachers without having previously obtained a valid certificate of registration. (Section 27, RA 7836)
- Duly licensed teachers shall be appointed to a permanent position.
- If competitive examinations is required, the results thereof shall be made public and every applicant shall be furnished with his score and rank in said examinations and priority should be given according to their rankings in said exam. (3, Magna Carta)
- Probationary appointment can be issued to a person who possesses the minimum educational qualifications but lacks the appropriate civil service eligibility, if it becomes necessary and in the exigencies of the service. The probationary period shall not be less than one year from and after the date of his provisional appointment. (4, Magna Carta)
- Provisional teachers shall, after having rendered at least ten years of continuous, efficient and faithful service in such position and for lack of necessary civil service eligibility, be extended permanent appointment. (5, MC)
- No discrimination in entrance to the teaching profession, or during its exercise, or in the termination of services, based on other than professional consideration. (10, MC)
- Priority should be given to the qualified bona fide residents of the barangay, municipality, city or province where school is located. (1, RA 8190)
Person in Authority
- Once appointed, teachers shall be deemed persons in authority when in the discharge of lawful duties and responsibilities, and shall, therefore, be accorded due respect and protection. (10, Education Act of 1982).
Hours of Work and Remuneration
- Any teacher engaged in actual classroom instruction shall not be required to render more than six (6) hours of actual classroom teaching a day. (13,MC) The hours of work of teachers or school officials not engaged in actual classroom instruction is eight (8) hours a day.
- In the exigencies of the service, 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. (13, MC). The same rate of additional compensation shall be paid to teachers or school officials not engaged in actual classroom instruction for work done in excess of eight hours.
- The right to additional compensation of at least twenty-five per cent of his regular remuneration, if required to work outside of his normal duties as a teacher and after completing at least six hours of actual classroom teaching a day. (14, MC)
- 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. (18, MC)
- Special hardship allowances equivalent to at least twenty-five per cent of their monthly salary for teachers exposed to hardship such as difficulty in commuting to the place of work or other hazards peculiar to the place of employment.(19, MC)
- Salaries of teachers shall be paid in legal tender of the Philippines or its equivalent in checks or treasury warrants. (20, MC)
- Unless authorized by law or the teacher concerned, his salary shall be free from any deduction whatsoever. (21, MC)
- The right to be free from involuntary contributions except those imposed by their own organizations. (11, Education Act of 1982)
- MEDICAL AND HEALTH RIGHTS. – The right to free compulsory medical examination before they take up teaching, and shall be repeated not less than once a year during the teacher’s professional life. (22, MC).
- PROTECTION AGAINST 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. (23, MC)
- SPECIAL HARDSHIP ALLOWANCE
- The right to INDEFINITE SICK LEAVE of absence when the nature of the illness demands a long treatment that will exceed one year at the least. (Sec. 25,MC)
- Teachers shall enjoy academic freedom in the discharge of their professional duties, particularly with regard to teaching and classroom methods. (Sec. 12, Magna Carta)
- The right to intellectual property consistent with applicable laws. (Sec. 11, Education Act of 1980)
- Teachers may take an oral and written merit examination at least once in five (5) years as basis for merit promotion and merit purposes of promotion in salary or to a higher position or grade level; and, to be placed in the priority list for government scholarship. (Sec. 19, Professionalization of the Teachers Act)
- Teachers who make inventions, develop new methods of teaching, write a book or books and create works of artistic merit shall be given incentives similar to passing academic examinations. (Sec. 19, Professionalization of Teachers Act)
- Teachers shall be accorded the opportunity to choose alternative career lines either in school administration, in classroom teaching, or others, for purposes of career advancement. (11, Education Act of 1992)
- Teachers shall be entitled to study leave not exceeding one school year after seven years of service. (24, MC)
- The State shall enhance the right of teachers to professional advancement. Non-teaching and non-academic personnel shall enjoy the protection of the State. (Art. XIV, Sec. 5 (4), 1987 Constitution)
- Married couples to be employed in the same locality. (11, MC)
- Teacher shall not be transferred without his consent, except for a cause. Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his transfer is finally approved. (6, MC)
- Teacher can not be transferred within three (3) months prior to an election.
- The right to be free from compulsory assignments not related to their duties as defined in their appointments or employment contracts, unless compensated therefor, conformably to existing law. (11, Education Act of 1982)
- The right to be provided with free legal service by the appropriate government office when charged in an administrative, civil and/or criminal proceedings by parties other than the school or regulatory authorities concerned for actions committed directly in the lawful discharge of professional duties and/or in defense of school policies. (10, Education Act of 1982)
Safeguards in Disciplinary Procedure:
- the right to be informed, in writing, of the charges;
- the right to full access to the evidence in the case;
- 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
- the right to appeal to clearly designated authorities. (8, MC)
- No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case. (8, MC)
- Administrative charges against a teacher shall be heard by a committee that shall submit its findings and recommendations within thirty days from the termination of the hearings. (9, MC)
- Right to express opinion and to organize
- The right to free expression of opinion and suggestions, and to effective channels of communication with appropriate academic and administrative bodies of the school or institution. (10, MC)
- 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 promote their welfare and their interests. (27, MC)
- Teacher is free from any discriminatory act as a consequence for exercising the right to organized. (27, MC)
- Public school teachers 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. (28, MC)
FB posted & credited to Atty. Jamar M. Kulayan, Former DepED-ARMM Secretary.