Sponsored by: The ChanRobles Group A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library. This page features the full text of 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. 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
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.cralaw Sec. 3. Objectives. — This Act has the herein objectives:
Sec.
4. Definition of Terms. — For
purposes of this Act, the following terms shall mean:chanroblesvirtualawlibrary
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:
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:
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. chan
robles virtual law library
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.cralaw 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
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:
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. chan
robles virtual law library
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.cralaw 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:
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. chan
robles virtual law library
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:
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. chan
robles virtual law library
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:
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. 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:cralaw
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. chan
robles virtual law library
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.cralaw 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.cralaw 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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