Republic of the Philippines

Depar,(Dlent of

Edn~ation

OepEO Complex, Meralco Avenue, Pasig City

DepED MEMORANDUM No. ' 291 ,s. 2008

JUN 1 3 2008

GUIDELINES FOR THE IMPLEMENTATION OF CSC RESOLUTION NO. 080096 ON WORKING HOURS FOR PUBLIC SCHOOL TEACHERS To: Undersecretaries Assistant Secretaries Bureau Directors Regional Directors Schools Division/City Superintendents

1. In response to the request of the Department for the appropriate interpretation of Section 13 of Republic Act No. 4670, the Magna Carta for Public School Teachers, the Civil Service Commission issued Resolution No. 080096 (copy enclosed) that: a. Public school teachers are not exempt from the eight-hour provided for in R.A. No. 1880; workday

b.

The limitation given in R.A No. 4670 pertains to the time devoted to actual classroom teaching which shall not exceed six (6) hours a day; and The remaining two (2) hours of work to complete the required eighthour workday may be spent within or outside the school premises subject to the guidelines of the Secretary of Education. general guidelines shall be observed
111

c.

3. In view thereof: the following elementary and secondary schools: a.

all public

Public school teachers shall render at most six (6) hours of actual classroom teaching a day, except when undertaking academic activities that require presence outside the school premises, i.e., educational trips; School heads shall assign teaching loads to public school teachers to fully utilize the six (6) hour actual classroom teaching, i.e., six teaching loads at one hour per teaching load, with due regard for possible teaching intervals; All advisorship and/or special assignments for the entire school year combined shall be considered as one teaching load;

b.

c.

A teacher with less than six (6) hours of actual classroom teaching shall render additional hours of appropriate teaching-related activities and duties enumerated in 2 (d) within the school premises to complete six (6) hours;

a public school teacher may be required to render more than six (6) hours of actual classroom teaching or more than eight (8) hours of work in a day. Provided that additional compensation computed at the same hourly rate of the regular compensation. conduct of research' 4. . Overtime pay can only be claimed for actual teaching and/or work performed within the school premises. evaluation/assessment tools/rubrics. A teacher with six (6) hours of actual classroom teaching andlor equivalent teaching-related activities and duties shall render the remaining two (2) hours of work within or outside the school premises to comply with the eight-hour workday by engaging in the following teaching-related activities and duties: 1. teachers. In addition to the general guidelines herein provided. 5. 6. 3. S. and 9. Immediate and wide dissemination of this Memorandum is desired. and the nature of the teaching-related duties to be given priority. Regional Directors and Schools Division Superintendents are directed to monitor and evaluate the over-all performance of schools to ensure that the implementation of this scheme for working hours of teachers shall redound to the efficient and effective delivery of educational services. preparation of lesson plans. plus a premium of twenty-five percent (25) of the hourly rate shall be paid for actual classroom teaching in excess of six (6) hours and for work performed in excess of eight (8) hours. 6. specific guidelines shall be formulated at the school level taking into account the unique conditions in schools such as the shifting of classes if applicable.25 hours for purposes of determining the service credits. 8. attendance to seminars. 4. students and parents. In the exigencies of the service. classrooms and teachers. recording of academic performance results and classroom accomplishments. 7. performance of coordination activities and duly recognized community social services. service credits shall be granted and one hour overtime work shall be 1. action/work plans. preparation and checking of exercises. 2. preferably through the School Goveming Councilor any established mechanism for school-community partnership. 3.d. the availability of faculty rooms. consultations and conferences with parents. workshops and similar programs. instructional materials. coaching of students including home visits. Decisions on this matter shall be agreed upon in meetings with representatives of the school administration. participation in the maintenance and improvement of school facilities and equipment. In the event of non-availability of funds. other activities identified in the specific guidelines under paragraph 4 below. mentoring. counseling.

Encl.: As stated Reference: one Allotment: l-{D.O.cWorking 6-12-08 hours . 50-97) To be indicated in the Perpetual Index under the following subjects: SCHOOLS TEACHERS Madel.

-----. requests the Commission's reexamination of two (2) Resolutions relative .f11126 Que-zan City .. 1994.I:red to render more then 31xhours but not exceeding eight hour5 of actual clauroom teschlng II day upon payment of edd/tlonal . .# . 4670 or the Magna Carta for PubliC SchooF Teachers which provid« as follows' 'Section 13. which shall be so . 1994..ph . It Is true that RA 1880 provides by spec/s.rvloe at itA Bellt. X RESOLUTION NO.compensstlon at the sem« ytfte 8$ hili regular remuneration basic pay.---------- LAPUS. ~\~4'.'-~-' . 0 8 0 0 96 Jasli A.i .s a day..Any teachor engaged In actual classroom instJuctlon shall not b~ requIred to render more than six hours of actual classroom teaching B day.. Lepus.ph. 91~1019. respectively.a Complll~.lchlng Hours.-'. 91-1019 dated August 22. lapus stated as follows: xxx 'The Department of Education Is cUfTf1ntly being bombarded by myriad of issues pertaining to the proper interpretation of Section 13 of Republic Act No. There must bo II valid law exemption for schools and the Omnlbull Rul&s exempts those covered expressly gnmting such 8xempt/on.----..__.2006.51 ~'I~ ~~. Re: Government Teachers' Wor1< Hours '" . ~ ~~t. 94 . and August 22. JESLI A.gov.cso. Resolution No. The school principal can require them to render 8 hour« -. that where the exigencies of the service so (squire.goV. which provides that: 'T&8chen are WQck work me 8 hour.. c(~Closure ~.' plUfJ lit uwst tw'enty·flve percent of hili not exempted from hours II 'We are awa~ thai on October 20. x-~--------.. Pspubllc of the Philippines 100 Y'III11 01 S$Nlca. 1991.~w~ ." www. There being no such Itlw.-.cphll@cs'c. are not " grant of exemption..Q CIVil SerVice . the CMi Service Commission issued esc Resolution No. laws from the ssld requirement The said prevla/alUl.scheduled 80 as to "/V'a him tIme for the prepsl'lltion and correction of exercises and other work Incidental to hi$ normal teBchlng duties. Th&re Is Ilqthing in the law which limits the hours of work of teache~ to only enour« What is limhsd to 6 hours Is the Bctual classroom teaching of the teachers..~ tJ- . · ~_.~ to DepED Memorandum No 291 s 2'00'8} . Provided. 931-7935/931-7939f93H309Z· Q c. esc esc esc In his letter.Commission Constitution Hills. Department of Education (DepEd). however. 94-5824 and esc Resolution No. 1991 and Resolution No.-~----. Dlllm8.hedufQ. 5824 datsd October 24. Secretary. . howev9r.-.2006 and received by the Commission on September 25..10 Teachers' VVorking Hours. BeltHjAng Pambans. CMI S.. IIny teacher may be requ...--_. Tel. tqaeher$ cannot claim exemption from the 6ald working nour». In a letter dated September 12. 5 dllys II week Of is totsl of 40 sr. .

Thus. pg 2 . of Secretary l. for the observance and guidanc9 of aJ/ Pubt«: School Teeoners. 2 hours ot which nOCtllSs8ry prtJplIflJt/of'l their teaohing job. Re. 1957 [An Act to Amend the Second Paragraph of Section Five Hundred and Sixty-Two and SectIon Five Hundred and Sixty-Four of the Revised Administrative Code (Re Legal Hours follows: of Labor-Minimum Requirement)] whose pertinent section provides as . 4670 or the Magna Carta for Public School Teachers which shalt consider the best interests of the public school teachers.P. As 8 general ruie. there hav9 been sndless clamors for the Department of Education to meflcuiousiy study rtlis concern. Subtitle A.ching may bs able to. "Considering that the Magna Carls for Public School Teachers (R. Rule XVII (Govemment Office Hours) of the Omnibus Rules Implementing Title I. Secretary Lapus is requesting the Commtsslon to re-examine the two (2) cited esc Resolutions and come up with an appropriate lnterpretatcn of Section '13 of Republic Act No. a clarification on the issue is in order the soonest possibfe time. such hours shall be from eight 0' clock in the morning to twe/vB o'clock noon soa from one o'clock to five a 'clock in the afternoon on all days exceo: Saturdays. spend his/her remaining tv. the issues to be resolved are (1) whether teachers are exempted from the eight-hour work day or fortY hour work week law as provided for in Republic Act 1880 and (2) If not. Sundays end )-Iol/days.02 x----x Lspvs.apus' request Is S~ctlon 5." xxx Based on the letter.J!!' r work. whether public school teachers who have spent Six (6) hours of actual classroom tee. with tha end in view of arriving at B definite posltlor: on the matter. 2 hours for the prepara:tion and correction of exercises) In premises other than the school. Book V of the Administrative Code of 1987 whIch specifically provides. ' con be $pent In the faculty room to make the .A 4570) IS etsv« enacted by Congress for the welfare and protectton of the Public Schoof Teachers netionwtae. 1880 approved on June 22. 8 Pertinent in theraso!utior.lO (2) work hours doing nonclassroom teaching work (e.g.lative to such. Officers and employees of all departments and agencies except those covered by special laws shall render not less than eight hours of work a day tor tive days a week or a tote! of forty hours a week. exclusive of time for tunch." (underscoring supplied) xxx The aforecited section is anchored on Republic Act No.and correctton of exercises with regard to IIHowe ver. it Is quIte Ironic If we Interpret the law in B manner that Is prejudicial and disadvantageous to their interests. as follows: xxx "Section 5.

shall be given an automatic Increase In his daily or hourly wage or compensation or in the rate per piece.~. ~ The firs. ~ Bonachita. re WorkIng Hours of Teachers) where the Commission's opinion:1: was requested on whether public school teachers are required to render eight hours of work a day and whether deductions from their salary for the corraspondinq undertimes incurred is proper. Lowella.': u 1"l!'I' previous resolutions. Sh8l1b& 8S oroscrlbed in the Civil Service Rules end as otherwise from time to time ~jspoS6d in temporary executive orders in the discretion of the President of the Phiiippines but shCJJI e 9iqhf [8) hours a day.snt.al. ~'"I esc e. 562.e1 there must be a valid law expressly grantil1g such exemption. Legal hours of lebor minimum requirern. the Commission ruled that the teachers are not exempt from the 0 ~] ~ !. ~ t. therE! being no such (f_\ law. the Commission affimled that what is limited to six (6) hours is the 1l actual classroom teaching work at teachers. Through the . the view that there is nothinQ In the law which limits the hours of work of teachers to only six (6) hours has bean consistently affirmed. said esc Resolutions.'): "Section 1. Moreover. That the si3laries of employees received on monthly besis shaJ1 not suffer any diminution on account of the reduction of thi} number of days of tebor Ii week. In this instance. I :xxx "Such hours. issued No. the Commission. turthor. hospitais and h€J~lth alnics where the exigencies of setvic» so require. for five (5) deys a week b pf a totar of forty (40) hours 8 week exclus.~ ~~fI. it appears that the import of the aforecited Rule as contemplated in the atorecited provision of the law providing for an eight-t1our work day or forty-hour work week is to grant certain government employees engaged in certain professions an exemption to the generally established rute on eight-hour work day or forty-hour work week In recognition of the distinctive work situations they are in. Mercy.ve of time for lunch: Provkiea. Ma. . in the exercise of its quasi-judicial functions had. teachers cannot claim exemption from the said prescribed hours of work.----1. sedondlpsrag~ph. follow. in the same two g. coutis. Section five hundred and sixty-tWo. However.t esc Resolution is esc Resolution No. et..'O categorical rulings on teachers' work hours which essentially states th. as provided by this section.. subject to the minimum daify or hourly wage or compensation or pay per piece alreedy fixed under Republic Act Numbered Six Hundred and Two. in the past. d ~ u: .. except for sch~. Thus. whose amount In a week or a day or per piece shall be equal to the dimInution which his dally or hourly or par piece wage or compensation at the time this Act went into effect shall suffer on account of the reduction of days or labor fa five days a week: And provided. of the Revised Administrative Code Is he!'9by amended to '18¢' as \"" "Sec. 91·1019 (Zari(igozH. That any employee or laborer now in the employment of the govemment who shall suffer a reduction of his weekly or daily wage or compensstion because of til reduction of the numbsr of days or hours of labor in a week. Q) -e . " (underscoring supplied) xxx At the onset.

As the main contributor in molding the minds of the country's most valuable resource. Aggravating this is the lack of physical infrastructure such as classrooms..a!. This may be done if their fleeds are responded to in a manner that is most favorable to them but sUlI wlth!n the parameters of axisting rules.to si~ (6) hours a day in consonance with existing laws and rules. rEi Working Hours. tfJeir flvlf]g_ and werking conditionJi. j 11/. 1: mentor and guide .ction 1. Its people.. the Commission recognizes that the Magna Carta' for Public School Teachers (RA 4670) provides the foundation for the protection and the furtherance of the rights and Interests of public school teachers in the gov9mment service. It Is hereby declaf9d to be the policy of this Act to promote and improve the social and_aconomic. As it Is. exhaustion and low morale while performing their work.. f.!Ieir ~s __ of empfoyment f}nd career ProsRects In order that they may compare favorably with existing opportunities in other wafks Of life. Consistent with the aforecited esc Resolution. attract and retain in the teaching profession more people with the proper qualifications. This is underscored in Se. they are expected to perform with utmost commitment.~ 0' xxx "Section 1. Item I (Declaration Policy Covet"1lge) of RA 4870." (underscoring supplied) xxx The Commission rurthe( recognizes that the work of public school teachers is dlstinct If not vita! from the rest of other government employees. Public school teachers' main duties include actual ctassroom teaching but they are also expected to prepare theil" lessons. I Nevertneless. effectiveness and competency. it being recognized that advance in education depends on the qualifications. counsel.6824 (ACT-Central Luzon. Teachersj where the Cornmisslon's opinion was 4ilgslrt requested for the reversion of the workinq hours of teachers from eight (8) hours a day. correct school exercises. 1- compelling for the government than the protection of the govemment's most valuable resource as exemplified by these public school teachers by providing thembetter and more raasonabls terms and conditions of work. faculty moms and other schoo: facilities critical in the promotion of better quality education.. No reason 15more ~ . schgol teachers. the Commission denied the instant request of the Alliance of Concerned Teachers. and ability of the teaching staff and that education Is an essential factor in the economic growth of the nation as 8 productive investment of vItal importance.. Declaration of PoUoy. ' The second resolution is esc Resolution No. Central Luzon. public school teachers experience high levels of stress. .~£IPLJS" pg4 x----x eight (8) hours at work provided for In RA 1880 and whatJs limIted to16 hours in the'RA'4670 Is only the actual classroom teaching. which provides) thus: . One way to respond to this need Is to construe certain rules and legislation providIng for the terms and conditions of their work in a reasonable manner. This is because it Is an acknowledged fact that the teacher-student ratio In this country is such that teachers bear heavy teaching load and even handle classes in work shifts. status of Rub/ic. 94 . Deductions made from the saialY of teachers for the corresponding undertime are leg.

their students in their day to day activities and mosn oftefl p-artj.(':)Vt CESAR Q. provided there is a mechanism to account for the teachers' required output I· for two (2) hours as well as a mechanism to evaluate the overall performance 0f teachers The Department of Education shan formutate guidel.lapll·S .effe-Ct.ing realities being faced by public sq~ool teachers.C 1 school teachers may be observed such that the six (6) hours of actual classroom teaching are spent within the school premises while the two (2) hours for non-teaching duties may be spenl within or outside the school premises. CHICANO Irector IV etarlat and Liaison Office ... the Commission hereby RESOLVES tbat public school teachers are not exempt from the eight (8) hours of work provided for In RA 1880 and what Is limited to six (6) hours as provided for in RA 4670 is only the work hours devoted to actual classroom teaching.' J . provided that the Secretary of the Department of Education shan provide for pertinent guidelines therein. . In effect. JAN 2 82008 o~ ! .cfassroorn teaching and the abovecited duties l'squired8-hour work day. . Conslderin'Q the forego. the hours spent fbr·-aptual . "pg ~ 1··· . BUENAFLOR Commissioner Attested By: JU Commission' . WHEREFORE. foregoing premises considered. ttle esc is of the view that the prescribed eight (8) hours of work of publi.~pate iQ SCho~~-wide and even corrmonitv-basec activities.ines to thls. and responsibilities complete and ~1j tim~. The Commission FURTHER RESOLVES that the remaining two (2) hours work that complete the public school teachers' required 8-hour work day may be spent wllhln or outside the school premlses.s even exceed 'J the ~~ !.

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