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PHILIPPINE LAWS, STATUTES & CODES
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
Republic Acts :
REPUBLIC ACTS
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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. Sec. 3. Objectives. — This Act has the herein
objectives: Sec. 4. Definition of Terms. — For purposes of
this Act, the following terms shall mean: ARTICLE II 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 Sec. 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. Sec. 8. Qualification of Board Members. — Each
Board member must at the time of his appointment: 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. ARTICLE III SECTION 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. SECTION 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. SECTION 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. SECTION 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. SECTION 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. SECTION 18. Oath Before Practice. — Every registrant shall be required to take his professional oath before practicing as a professional teacher. SECTION 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. Sec. 21. Incentives. — Teachers who pass the merit
examination shall: 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: 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. ARTICLE IV 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: 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. 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. 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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