REPUBLIC OF THE PHILIPPINES 

PROVINCE OF ILOILO 
OFFICE OF THE SANGGUNIANG PANLALAWIGAN 
Provincial Capitol, Iloilo City 5000

Sixth Regular Session  

DRAFT ORDINANCE NO. _____________________ 

Proponent: Hon. Carol-V S. Espinosa-Diaz

SECTION I. Title. This Act shall be known as the "Magna Carta for Day Care
Workers in the Province of Iloilo". 

SEC. 2. Declaration of State Policy. - The State recognizes the vital role of children
and youth in nation-building and shall promote and protect their physical and moral,
spiritual, intellectual and social well-being. Towards this end the State shall promote and
improve the social well-being and economic welfare of day care workers who provide pre-
school education and social development service to the children. 

SEC. 3. Coverage. - This Ordinance covers all day care workers, also referred to as
Child Development Workers in Republic Act No. 10410, otherwise known as The Early
Years Act  (EYA), herein defined as persons primarily engaged in the provision of early
child development services and programs such as care, social development, education,
protection, and other needs of children aged four (4) years old and below in all
government-sponsored day care centers. 

SEC. 4. Plantilla Positions and Security of Tenure in Day Care Centers. -At least
one (1) Day Care Worker I and one (1) Day Care Worker II plantilla positions shall be
created in all day care centers nationwide. 

As plantilla position holders, day care workers shall be appointed under permanent
status and shall be protected and governed by Civil Service rules and regulations. No day
care worker shall be removed or transferred from office without just cause, due process, or
prior consultation with the concerned day care worker.
 
SEC. 5. Recruitment and Selection/Creation of Special Selection Board. – A
qualified Day Care Worker shall file his/her application with the local government unit
concerned. Under no circumstances shall an applicant for the position of Day Care Worker
be discriminated against on the basis of gender, religion, age, status, race or political
affiliation. 

Upon publication and posting by the local Human Resource Management Office

(HMRO) of vacant permanent day care worker positions in particular day care centers, all
qualified applicants shall submit their application together with complete requirements to
the Punong Barangay who shall forthwith transmit the same to the HMRO for preliminary
evaluation: Provided, That all qualified incumbent day care workers hired under casual,
contractual, and job order employment status shall automatically be considered candidates
and given priority for appointment to permanent day care worker positions. 

The Provincial Social Welfare and Development Office (PSWDO) shall provide for
the list of registered and qualified BDCW for day care worker positions for
possible appointment to the subject positions. The Punong Barangay, as the appointing
authority, shall exercise sound discretion in selecting from the list of recommended pool
the most qualified for appointment to the day care worker position in a particular day care
center. 

SEC. 6. Qualifications. – 

1. A Day Care Worker must be of legal age, possesses at least, must have training in
Early Childhood Came and Development. Provided, however that an incumbent day
 care worker who has been serving for the last five (5) years upon approval of this
Ordinance and does not meet the prescribed educational qualification standard
shall not be disqualified; Provided, further, that such Day Care Worker shall
complete the Day Care Worker training course provided by the Department of Social
Welfare and Development (DSWD) within one (I) year of effectivity of this Act 

2. Must be certified by the DSWD or DSWD-deputized entities to have complied with 

existing requisites and trainings in early childhood care and development; 

3. Must not have been convicted by final judgment of any crime; and, 

4. Must not have a pending case in relation to Republic Act No. 7610, otherwise
known as Special Protection on Children Against Child Abuse. 

5. Qualifications and exceptions applicable to this Section shall be subject to

conditions imposed by the Civil Service Commission (CSC). 

SEC. 7. Salary. -A Day Care Worker shall receive a monthly salary equivalent to
prevailing minimum wage in the Province of Iloilo. 

SEC. 8. Working Hours. - A Day Care Worker is required to render not more than
eight (8) working hours a day or not more than total of forty (40) working hours a week,
Provided, that the municipal social welfare officer may require a day care worker to render
services beyond his/her required working hours during emergency situations such as
natural and manmade calamities. 

SEC. 9. Additional Compensation and Allowances. - Day Care Workers shall

continue to receive all benefits and incentives provided under Provincial Ordinance No.
2015-17 also known as Barangay Day Care Workers Benefits and Incentives Ordinance of
2015.

SEC. 10. Leave Benefits. - As provided for in existing laws, a Day Care Worker is
entitled to maternity/paternity leave, solo parent leave and all other benefits provided by
law. In case of medical reasons, the BDCW shall be entitled to sick leave provided that a
medical certificate signed by a government physician to support the leave of absence of
BDCW due to medical reasons.

SEC. 18. Appropriations. -- Salaries and benefits of Day Care Workers shall be
charged shall be charged to the annual appropriations of the Provincial Government. The
Provincial Social Welfare and Development Office must ensure that the Appropriation
Ordinance must include the budget necessary for the training and learning enhancement
of all BCWD.

SEC. 19. Penal Provisions.- Any person who violates the provisions of this Act shall
be punished with a fine of not less than Five Thousand Pesos (P5,OOOOO) and/or
imprisonment of not less than two (2) months but not more than one (I) year, or both at the
discretion of the Court. 

If the offender is a public official, he/she shall, in addition to the penalties stated
above, be dismissed from government service. 

SEC. 20. Separability Clause. - Should any provision of this Ordinance be found
unconstitutional by a court of law, such provision shall be severed from this Ordinance. 

SEC. 21. Repealing Clause - All laws, decrees, executive orders, and rules and
regulations inconsistent with this Act are hereby repealed or modified accordingly 

SEC. 22. Effectivity. This Act shall lake effect fifteen (15) days after its publication in
in any newspaper of general circulation in the Province of Iloilo. 
Additional Benefits:

1. The Public Attorney’s Office will also be readily available to represent day
care workers in cases filed against them in connection with their duties.

2. Free annual medical examinations will be provided by government hospitals.

4. The bill states that day care workers shall receive additional compensation, such as overtime pay,
hazard allowance and subsistence allowance.

5. Married day care workers, whenever possible must be assigned on the same city or municipality.

6. training, education and skills enhancement- deped, ched, tesda shall provide for continuous
education, skills training and knowledge enhancement programs for day care workers.

7. Formulation of code of conduct of day care workers