REPUBLIC ACT NO. 7836 or the "Philippine Teachers Professionalization Act of 1994." - PH Trending

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Sunday, 24 February 2019

REPUBLIC ACT NO. 7836 or the "Philippine Teachers Professionalization Act of 1994."

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. 

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 TEACHIN 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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