Further Amending R.A. No. 7836 (Philippine Teachers Professionalization Act of 1994)

CONGRESS OF THE PHILIPPINES TWENTIETH CONGRESS First Regular Session HOUSE OF REPRESENTATIVES H. No. 6738 BY REPRESENTATIVES GATCHALIAN, VILLANUEVA, ROQUE, SUANSING (M.A.), RAMA, YAP (ERIC), YAP (EDVIC), DY (F.), MARCOS, BONDOC, CALDERON, ORETA, LABADIARAD, SAGARBARRIA, SINGSON-MEEHAN, GARCIA (K.H.), GLEPA, YU (J.V.), YU (J.K.), MARQUEL, ALVAREZ (M.), ARBISON (M. JR.), BARONDA, SINGSON (R.V.), SUANSING (B.V.), NAVA, CORVERA, QUANO-DIZON, ORDANES, MERCADO, LOPEL, CENZA, ROMAN, YAP (A.) AND LEGARDA THE "PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994", A. URTHER ARENDING REPUBLIC ACT NO. 7836, OTHERWISE KNOWN A AMENDED BY REPUBLIC ACT NO. 9293 Be il enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 5 of Republic Act (RA) 7838 is hereby amended to

read as follows: "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 boily under tie general supervision and administrative control of the Professional Regulation Commission, hereinafter referred to as the Commission, composed of [fve (5)] SEVEN (7) 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 possesses ally THE DEPARTMENT OF EDUCATION (DEPED), COMMISSION ON HIGHER EDUCATION (CHED), TEACHER EDUCATION COUNCIL (TEC), EARLY CHILDHOOD CARE AND DEVELOPMENT COUNCIL (ECCDC), ASSOCIATION OF LOCAL COLLEGES AND UNIVERSMIES (ALCU), PHILIPPINE ASSOCIATION OF STATE UNIVERSITIES AND COLLEGES (PASUC), COORDINATING COUNCIL OF PRIVATE EDUCATIONAL ASSOCIATIONS OF THE PHILIPPINES (COCOPEA), AND AN ACCREDITED ASSOCIATION OF TEACHERS SHALL EACH RECOMMEND NOT MORE THAN TWO (2) NOMINEES WHO SHALL BE EVALUATED BY THE COMNISSION BASED ON the qualifications prescribed in Section 8 of RA 7836. THE FINAL LIST OF NOMINEES SHALL BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AND POSTED ON THE COMMISSION'S OFFICIAL WEBSITE. The chairman|PERSON and the vice-chairman PERSON of the Board shall be appointed from these [five (5)] SEVEN (i) 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. FOR THE PURPOSE OF RECORMENDING NOMINEES UNDER THIS SECTION, THE ACCREDITED ASSOCIATION SHALL REFER TO A PROFESSIONAL ORGANIZATION DULY RECOGNIZED BY THE COMMISSION AND COMPOSED OF AT LEAST 20% OF THE TOTAL NUMBER OF TEACHERS WITH VALID PROFESSIONAL LICENSE."

SEC. 2. Section 7 of the same Act is hereby amended to read as follows:

"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]PERSON, vice chairmanJPERSON, and one (1) member for three (3) years.] MEMBERS OF THE BOARD WHO ARE OFFICIALS OR EMPLOYEES OF GOVERNMENT ENTITIES SHALL BE SECONDED TO THE COMMISSION FOR THE DURATION OF THEIR TERM, SUBJECT TO EXISTING CIVIL SERVICE RULES AND REGULATIONS. Vacancies shall be served for the unexpired term only. No person who has served AS A MEMBER OF THE BOARD 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] PERSON or any member shall take his oath of office prior to the performance of his duties."

SEC. 3. Section 8 of the same Act is hereby amended to read as follows:

"SEC. 8. Qualifications of Board Merbers. - Each Board member must, at the time of [his] THE appointment: (a) Be a citizen and resident of the Philippines; (b) Be at least thirty-five (35) years of age, of proven integrity Lland [possessed off high moral values in [hisJBOTH personal [as well as] AND 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,] AT LEAST A MASTER'S DEGREE,

PREFERABLY AN EARNED DOCTORATE, IN TEACHER EDUCATION OR OTHER ALLIED DISCIPLINES from a REPUTABLE HIGHER EDUCATION INSTITUTION, university, school, college, academy or institute [duty constituted, recognized and/or accredited by the Philippine government); (d) xxx; (e) Has been a professional teacher in the active practice of the teaching profession for at least ten (10) years in EARLY CHILDHOOD, elementary [and] OR secondary level; OR IN THE TERTIARY LEVEL AS A FULL-TIME FACULTY IN A TEACHER EDUCATION INSTITUTE (TEI); [and] (f) Not be, AT THE TIME OF APPOINTMENT, an official or member of the faculty of, nor have pecuniary interest in any [university, college, school, or institution] HIGHER EDUCATION INSTITUTION conferring a bachelor's degree in education or its equivalents for at least three (3) years prior to his appointment,] and NOT [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, NOR HAVE PECUNIARY INTEREST IN SUCH: PROVIDED, THAT THE COMMISSION SHALL ISSUE THE APPROPRIATE RULES TO GOVERN THE PRACTICE OF THE MEMBERS OF THE BOARD TO ENSURE THAT NO CONFLICT OF INTEREST SHALL ARISE IN THEIR FUNCTIONS RELATED TO THE CONDUCT OF THE LICENSURE EXAMINATION AND RELEASE OF THE RESULTS; AND

(G) HAS THE NECESSARY EXPERTISE IN IMPLEMENTING TEACHER EDUCATION PROGRAMS THAT ARE PRESCRIBED BY THE TEC AND REGULATED BY THE CHED, TEST DEVELOPMENT AND ANALYSIS, AND LOGISTICS IN IMPLEMENTING LARGE-SCALE ASSESSMENTS AND SYSTEM EVALUATION. 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. 4. Section 13 of the same Act is hereby amended to read as follows:

"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] SECTION 8 OF R.A. NO. 10533, OR THE "ENHANCED BASIC EDUCATION ACT OF 2013" OR ANY OTHER EXISTING RELEVANT LAWS AT THE TIME OF EMPLOYMENT: PROVIDED, THAT SUCH PERSON HAS PASSED THE LICENSURE EXAMINATION FOR TEACHERS (LET) WITHIN FIVE (5) YEARS FROM THE DATE OF HIRING."

SEC. 5. Section 14 of the same Act is hereby amended to read as follows:

"SEC. 14. Scope of Examination. - The examinations for the EARLY CHILDHOOD EDUCATION, SPECIAL NEEDS EDUCATION, elementary and secondary school teachers shall be separate[.] AND [The examination

for teachers in the elementary level] shall consist of THE FOLLOWING fiwo (2) parts, namely: [professionall GENERAL education, [and general education] PROFESSIONAL EDUCATION, OR FIELD OF SPECIALIZATION, OR BOTH AS APPLICABLE. [The examination for teachers in the secondary level shall consist of three (3) parts, namely: professional education, general education, and field of specialization.] FOR APPLICANTS WITH THE REQUIRED UNITS IN PROFESSIONAL EDUCATION, AS PROVIDED UNDER SECTION 15 OF RA 7836, AS AMENDED, THE EXAMINATIONS SHALL CONSIST OF PROFESSIONAL EDUCATION OR FIELD OF SPECIALIZATION, OR BOTH, AS DETERMINED BY THE COMMISSION, IN COORDINATION WITH THE TEC. THE TEST SHALL INCLUDE PRACTICAL TESTS REQUIRING TEACHERS TO DEMONSTRATE PROFICIENCY IN INSTRUCTIONAL STRATEGIES, CLASSROOM MANAGEMENT, AND ASSESSMENT TECHNIQUES."

SEC. 6. A new Section 14-A is hereby inserted to RA 7838, as amended to

read as follows: "SEC. 14A. CREATION OF A TECHNICAL PANEL FOR THE LICENSURE EXAMINATION. - EVERY THREE (3) YEARS, THE BOARD SHALL APPOINT A TECHNICAL PANEL WHO SHALL REVIEW AND ASSESS THE QUESTIONNAIRE FOR THE LET AND ASSESS ITS EFFECTIVENESS IN DETERMINING KNOWLEDGE AND READINESS OF AN APPLICANT TO BE ADMITTED TO THE ROLL OF PROFESSIONAL TEACHERS. THE TECHNICAL PANEL SHALL BE COMPOSED OF THE FOLLOWING: (A) REPRESENTATIVE OF THE BUREAU OF CURRICULUM DEVELOPMENT OF DEPED;

(B) REPRESENTATIVE OF THE CHED TECHNICAL PANEL FOR TEACHER EDUCATION; AND (C) REPRESENTATIVE OF AN ORGANIZATION OF PROFESSIONAL TEACHERS, RECOGNIZED BY THE BOARD OF PROFESSIONAL TEACHERS."

SEC. 7. Section 15 of RA 7836, as amended, is hereby further amended to

read as follows: "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 OR SHE shall have complied with the following requirements: (a) xXX (b) XXX (e) xxX (d) XXX (e) A graduate of a [school, college or university] HIGHER EDUCATION INSTITUTION DULY recognized by the govemment and possesses the minimum educational qualifications, as follows: (1) For teachers in [preschool,] THE EARLY CHILDHOOD LEVEL, a bachelor's degree in early childhood education (BECED) or its equivalent; (2) FOR TEACHERS IN SPECIAL NEEDS EDUCATION PURSUANT TO RA 11650, OR THE "INSTITUTING A POLICY OF INCLUSION AND SERVICES FOR LEARNERS WITH DISABILMIES IN SUPPORT OF INCLUSIVE EDUCATION ACT", A BACHELOR'S DEGREE IN SPECIAL NEEDS EDUCATION (BSNED) OR ITS EQUIVALENT; (3) For teachers in the elementary grades, a bachelor's degree in elementary education (BSEED) or its equivalent;

(4) For teachers in secondary grades, a bachelor's degree in education or its equivalent with a major land minori, or a bachelor's degree in arts and sciences with THE REQUIRED UNITS IN PROFESSIONAL EDUCATION AS DETERMINED BY THE TEC; [at least ten (10) units in professional education; and (5) For teachers of vocational and two-year technical courses, a bachelor's degree in the field of specialization or its equivalent, with THE REQUIRED UNITS IN PROFESSIONAL EDUCATION AS DETERNINED BY THE TEC; AND Jat least eighteen (18) units in professional education.] (8) FOR THOSE WITH OTHER APPLICABLE FIELDS OF SPECIALIZATION THE MINIMUM EDUCATIONAL QUALIFICATIONS SHALL BE DETERMINED BY THE COMMISSION, IN COORDINATION WITH THE TEC; (F) HAS SUBMITTED. AND PASSED THE PORTFOLIO OF ATTAINMENT OF THE PROFESSIONAL STANDARDS FOR 1. TEACHING AS PROVIDED UNDER SECTION 8 OF THIS ACT; AND (G) HAS COMPLETED A REFRESHER'S COURSE IN A GOVERNMENT-RECOGNZED TE! AS DEFINED UNDER R.A. NO. 11713, OR THE "EXCELLENCE IN TEACHER EDUCATION ACT", WITHIN ONE YEAR PRIOR TO THE DATE OF THE EXAMINATION FOR APPLICANTS WHO FAILED TO PASS THE LICENSURE EXAMINATION TWO (2) TIMES."

SEC. 8. A new Section 15-A is hereby inserted to RA 7836, as amended, to

read as follows: "SEC. 15A. SUBMISSION OF PORTFOLIO OF ATTAINMENT OF THE PROFESSIONAL STANDARDS. - GRADUATES OF HIGHER EDUCATION INSTITUTIONS WHO SHALL BE TAKING THE WRITTEN EXAMINATION SHALL BE REQUIRED TO SUBMIT A TEACHING

PORTFOLIO AS EVIDENCE OF THEIR ATTAINMENT OF THE PROFESSIONAL STANDARDS. THE TEC SHALL BE AUTHORIZED TO DEVELOP AND ISSUE APPROPRIATE GUIDELNES FOR THE PREPARATION, ASSESSMENT, AND EVALUATION OF THE PORTFOLIO OF ATTAINMENT OF THE PROFESSIONAL STANDARDS FOR TEACHING. THESE GUIDELINES SHALL ENSURE ALIGNMENT WITH THE PROFESSIONAL STANDARDS AND UPHOLD THE QUALITY AND INTEGRITY OF THE ASSESSMENT PROCESS ACROSS INSTITUTIONS."

SEC. 9. Section 16 of RA 7836, as amended, is hereby amended to read as

follows: "SEC. 16. [Report of the Results of the Examination] RELEASE OF THE QUESTIONS AND ANSWERS; REPORT OF THE EXAMINATION RESULTS. - THE LICENSURE EXAMINATION QUESTIONS AND CORRESPONDING ANSWERS SHALL BE RELEASED BY THE COMMISSION TO THE TEC WITHIN FIVE (5) DAYS AFTER THE DAY OF ADMINISTRATION OF THE EXAMINATION. FURTHER, the Board shall, within one hundred twenty (120) days after the examination, report the ratings obtained by each candidate IN EACH COMPONENT to the Professional Regulation Commission for approval and appropriate action. THE COMMISSION SHALL ALSO MAKE PUBLIC THE LICENSURE EXAMINATION TEST QUESTIONS AND CORRESPONDING ANSWERS, AND THE PERFORMANCE OF THE TEST WITHIN 15 DAYS AFTER THE RELEASE OF THE EXAMINATION RESULTS."

SEC. 10. Section 29 of RA 7836, as amended, is hereby amended to read

as follows:

"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.] THE AMOUNT NECESSARY FOR THE IMPLEMENTATION OF THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT."

SEC. 11. Implementing Rules and Regulations. - Within sixty (60) days

from the effective date of this Act, the Professional Regulation Commission shall 9 update its implementing rules and regulations (IRR) necessary for the full and effective implementation of this Act.

SEC. 12. Transitory Provision. - The Professional Regulation Commission

and the Board of Professional Teachers shall update their existing policies and issuances relevant to this Act and ensure their alignment with the same within a period of six (0) months from the effectivity of this Act and report the same to Congress in the first year of its implementation. 1.

SEC. 13. Separability Clause - If, for any reason, any section or provision

of this Act, or the application of such section or provision to any person in circumstance, is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

SEC. 14. Repealing Clause. - All laws, decrees, circulars, administrative

orders, rules and regulations, and other issuances which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 15. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,