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.
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
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