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PRESIDENTIAL DECREE NO. 1006
PRESIDENTIAL DECREE NO. 1006 -
PROVIDING FOR THE PROFESSIONALIZATION OF TEACHERS, REGULATING THEIR
PRACTICE IN THE PHILIPPINES AND FOR OTHER PURPOSES
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WHEREAS,
the Constitution provides that "All educational institutions shall be
under the supervision of; and subject to regulation by, the State", and
requires that "the State shall establish and maintain a complete,
adequate and integrated system of education relevant to the goals of
national development"; chanroblesvirtualawlibrary
WHEREAS, in the pursuit on these objectives, the Department of
Education and Culture has adopted ways and means of overseeing all the
educational institutions in the country;chanroblesvirtualawlibrary
WHEREAS, this supervisory function of the DEC has been primarily beamed
towards insuring that the educational institutions inculcate in the
studentry love of the country, teach the duties of citizenship, and
develop moral character, personal discipline, and scientific,
technological and vocational efficiency;chanroblesvirtualawlibrary
WHEREAS, to implement these objectives, the institutions have relied
upon their teachers whose direct and continuing interaction with the
young people and the children make them potent forces for the
development of proper attitudes among the citizenry;chanroblesvirtualawlibrary
WHEREAS, this accounts for the tremendous growth of the teaching
population, comprising in the civil service sector alone — more than
300,000 teachers deployed all over the country;chanroblesvirtualawlibrary
WHEREAS, to insure that in the immediacy and urgency of teacher
recruitment qualitative requirements are not overlooked, it has become
necessary to regulate the teaching profession;chanroblesvirtualawlibrary
WHEREAS, although teaching requires a number of years of collegiate
study, it is the only course that it is not yet considered a profession;chanroblesvirtualawlibrary
WHEREAS, in recognition of the vital role of teachers in
nation-building and as an incentive to raise the morale of teachers, it
is imperative that they be considered as professionals and teaching be
recognized as a profession. chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order:cralaw:red
Section 1. Title. — This Decree shall be known as the
Decree Professionalizing Teaching.
Section 2. Declaration of Policy. — It is hereby
declared a policy that teacher education shall be given primary concern
and attention by the government and shall be of the highest quality,
and strongly oriented to Philippine conditions and to the needs and
aspirations of the Filipino people even as it seeks enrichment from
adoptable ideas and practices of other people.
Section 3. Definition of Terms. — As used in this
Decree, the following shall be construed as follows:cralaw:red
(a) Teaching refers to the profession primarily
concerned with the classroom instruction, at the elementary and
secondary levels, in accordance with the curriculum prescribed by
National Board of Education, whether on part-time or full-time basis in
the public or private schools.
(b) Teachers refers to all persons engaged in
teaching at the elementary and secondary levels, whether on a full-time
or part-time basis, including guidance counsellors, school librarians,
industrial arts or vocational teachers and all other persons performing
supervisory and/or administrative functions in all schools in the
aforesaid levels and legally qualified to practice teaching under this
Decree. chanroblesvirtualawlibrary
(c) Board refers to the National Board for Teachers
duly constituted under this Decree. chanroblesvirtualawlibrary
Section 4. Creation of the National Board for
Teachers. — There is hereby created a National Board for Teachers,
hereinafter called the Board, to be composed of the following:cralaw:red
1) Secretary of Education
and Culture )
2) Chairman, Civil Service
) — Co-Chairman
Commission
3) Commissioner,
Professional Regulations
Commission )
4) Two members )
representing the private sector
) — Member
to be appointed by the President )
Section 5. Powers and Duties. — The Board shall have
the following powers and duties: chanroblesvirtualawlibrary
(a) Appoint a set of examiners for every examination
who will determine and prepare the contents of the Board examination
for teachers, hereinafter referred to as examination, in the elementary
and secondary levels of instruction, to be held at least once a year;chanroblesvirtualawlibrary
(b) Determine and fix the places and dates of
examination, appoint supervisors and room examiners from among the
employees of the Government who shall be entitled to a daily allowance
to be fixed by the Board for every examination day actually attended,
use the buildings and facilities of public and private schools for
examination purposes, approve applications to take examination, and
approve the release of examination results;chanroblesvirtualawlibrary
(c) Look from time to time into the conditions
affecting the practice of the teaching profession, adopt such measures
as may be deemed proper for the enhancement of said profession, and/or
maintenance of the professional standards and ethics;chanroblesvirtualawlibrary
(d) Issue, suspend, revoke, replace or reissue
Professional Teachers Certificate, and administer oaths;chanroblesvirtualawlibrary
(e) Appoint, subject to the provisions of existing
laws, such officials and employees as are necessary in the effective
performance of its functions and responsibilities, prescribe their
duties and fix their compensation; chanroblesvirtualawlibrary
(f) Prescribe and collect examination and other fees
as it may deem proper; and
(g) Promulgate rules and regulations, and exercise
such other powers, functions and duties as may be necessary to carry
into effect the purposes of this Decree.
Section 6. Qualification requirements for examination
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:cralaw:red
(a) Except those who have been engaged in teaching
as herein defined for at least five years in schools in the Philippines
not organized exclusively for nationals of a foreign country at the
time of the effectivity of this Decree, the applicant must be a citizen
of the Philippines;chanroblesvirtualawlibrary
(b) That he is of good moral character;chanroblesvirtualawlibrary
(c) That he is free from any physical and/or mental
defect which will incapacitate him to render efficient service; and
(d) That he possesses the following minimum
educational qualifications:cralaw:red
1) For teachers in the kindergarten and elementary
grades, Bachelor's degree in Elementary Education (B.S.E.Ed.) or its
equivalent;chanroblesvirtualawlibrary
2) For teachers of the secondary schools, Bachelor's
degree in Education or its equivalent with a major and minor, or a
Bachelor's degree in Arts or Sciences with at least eighteen units in
professional education; and chanroblesvirtualawlibrary
3) For teachers of secondary vocational and two-year
technical courses, Bachelor's degree in the field of specialization
with at least eighteen units in professional education.
All applications shall be filed with an office or offices designated by
the Board, preferably the offices of the Civil Service Commission and
the Department of Education and Culture.
These offices shall screen and approve such applications and issue the
corresponding permits to take the examination to qualify applicants.
Section 7. Appointment of examiners. — The Board
shall appoint a set of examiners for every examination who are
recognized authority in teacher education, and their names shall not be
disclosed until after the release of the results of the examination.
They shall each receive as compensation the sum of not less than P5.00
for each examinee as may be determined by the Board but in no case
shall each examiner receive more than P18,000 per examination. Any
examiner who is in the service of the Government shall receive the
compensation herein provided in addition to his salary.
Section 8. Scope of the examination. — The
examination shall consist of written tests, the scope of which shall be
determined by the Board, taking into consideration the teaching plan of
the schools legally constituted in the Philippines.
Section 9. Ratings in the examination. — In order
that a candidate may be deemed to have successfully passed the
examinations, he must have obtained a general average of at least 70
per cent in all subjects, with no rating below 50 per cent in any
subject. chanroblesvirtualawlibrary
Section 10. Report of the results of examination. —
The examiners shall report the ratings obtained by each candidate to
the Board within 150 days after the last day of the examination, unless
extended by the latter.
Section 11. Issuance of Certificates. — Teachers who
have passed examinations given by the Civil Service Commission or
jointly by the Civil Service Commission and the Department of Education
and Culture shall be considered as having passed the board examinations
for teachers. The Board may consider their certificates of rating as
certificates of eligibility or issue an entirely new certificate upon
registration of the teacher and payment of the corresponding fees.
This provision shall likewise apply to those teachers who have
permanent appointment under the Magna Carta For Public School Teachers
and all others who may be qualified for registration as professional
teachers under this Decree.
Section 12. Registration. — The Civil Service
Commission shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration shall evidence that
the registrant is entitled to all the rights and privileges of a
Professional Teacher until and unless the certificate is suspended or
cancelled by the Board for just cause.
Section 13. Reissuance of revoked certificates and
replacement of lost certificates. — The Board may, for reason of equity
and justice, and upon proper application therefor, issue another copy,
original or duplicate, upon payment of the required fee, of a
certificate which has been revoked. A new certificate to replace a
lost, destroyed or mutilated certificate may be issued subject to the
rules of the Board. chanroblesvirtualawlibrary
Section 14. Registration by reciprocity. — The Civil
Service Commission shall, upon approval of the Board, effect the
registration, without examination, of a teacher validly registered
under the laws of any foreign state or country; Provided, That the
requirements for registration in said foreign state or country are
substantially the same as those required and contemplated by this
Decree, and the laws of such foreign state or country allow citizens of
the Philippines to practice the profession on the same basis and grant
the same privileges as the citizens or subjects of such foreign state
or country; Provided finally, That the applicant shall submit competent
and conclusive documentary evidence, confirmed by the Department of
Foreign Affairs, showing that his country's existing laws permit
citizens of the Philippines to practice teaching profession under the
rules and regulations governing citizens thereof.
Section 15. Prohibition. — Three years after the
effectivity of this Decree, no person shall engage in teaching and/or
act as a teacher as defined in this Decree, whether in the public or
private elementary or secondary school, unless he is holder of a
Professional Teacher Certificate or is considered a Professional
Teacher under this Decree.
Section 16. Penal Provision. — Any person who shall
practice the teaching without a valid Professional Teacher Certificate,
or any person presenting as his or her own the certificate of another,
or any person giving any false or forged evidence in order to obtain a
Professional Teacher Certificate or admission to an examination, or any
person assuming himself as a registered professional teacher or any
person violating any provision of this Decree shall be penalized by a
fine of not less than One Thousand Pesos nor more than Five Thousand
Pesos with subsidiary imprisonment or to suffer an imprisonment of not
less than six months nor more than two years, or both such fine and
imprisonment at the discretion of the Court. chanroblesvirtualawlibrary
Section 17. Repealing Clause. — All Acts, Decrees,
Executive Orders, Administrative Orders, rules and regulations or parts
thereof inconsistent with the provisions of this Decree are hereby
repealed or modified accordingly.
Section 18. Separability Clause. — In case any
provision of this Decree or any portion thereof is declared
unconstitutional by a competent court, other provisions shall not be
affected thereby. chanroblesvirtualawlibrary
Section 19. Effectivity. — This Decree shall take
effect January 1, 1977.
DONE in the City of Manila,
this 22nd day of September, in the year of Our Lord, nineteen hundred
and seventy-six.
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