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.cedlibnews.blogspot.com
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.
cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
(c)
"Board" — refers to the Board for Professional Teachers duly
established and constituted under this Act.
cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
Sec. 6.
Duties and Function of the Board. — The Board shall have the following duties
and functions: cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(c)
Issue, suspend, or revoke the certificate of registration for the practice of
the teaching profession; cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(h) Adopt
an official seal of the Board; cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(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 cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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: cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(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 cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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: cedlibnews.blogspot.com
(a) A
citizen of the Philippines or an alien whose country has reciprocity with the
Philippines in the practice of the teaching profession; cedlibnews.blogspot.com
(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 cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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: cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(f)
Chronic inebriety or habitual use of drugs; cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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 cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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: cedlibnews.blogspot.com
(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; cedlibnews.blogspot.com
(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 cedlibnews.blogspot.com
(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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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. cedlibnews.blogspot.com
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 cedlibnews.blogspot.com