Rules and Regulations Implementing the Philippine Teachers Professionalization Act of 1994

November 20, 1995

PROFESSIONAL REGULATORY BOARD FOR PROFESSIONAL TEACHERS RESOLUTION NO. 001-95

RULES AND REGULATIONS IMPLEMENTING THE "PHILIPPINE TEACHERS PROFESSIONALIZATION ACT OF 1994"

Pursuant to Section 30 of Republic Act No. 7836, otherwise known as the "Philippine Teachers Professionalization Act of 1994", the following guidelines for the effective implementation of the said Act is hereby formulated and adopted:

ARTICLE I

Title, Purpose and Definitions

SECTION 1. Title. — This issuance shall be known and cited as Rules and Regulations Implementing the "Philippine Teachers Professionalization Act of 1994". HADTEC

SECTION 2. Purpose. — This Rules and Regulations are formulated and adopted to prescribe the procedures to be followed and observed in implementing and carrying out the provisions of R.A. No. 7836 to ensure the accomplishment of the objectives and purposes of the said Act.

SECTION 3. Definition of Terms. — As used herein, the following terms shall be understood to mean:

(a) "Teaching" — refers to the profession concerned primarily with the classroom instruction at the elementary and secondary levels in accordance with the curriculum prescribed by the Department of Education, Culture and Sports (DECS) whether on part-time or full-time basis in the public or private schools.

(b) "Teachers" — refer 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 afore-said levels and qualified to practice teaching under the law.

(c) "Board" — refers to the Board for Professional Teachers constituted in R.A. No. 7836.

(d) "Commission" — refers to the Professional Regulation Commission (PRC) created under P.D. No. 223, as amended.

(e) "Licensure" — refers to the grant of license to practice as a professional teacher.

(f) "Licensure Examination for Teachers" — refers to the written examination required to be taken and passed for registration as professional teachers.

(g) "Teacher in Good Standing" — shall refer to a teacher who has been teaching for an aggregate of three (3) years or more in the public or private schools who has not received, during the period of his employment, an efficiency rating lower than "satisfactory" as certified to by his immediate supervisor and who has never been convicted in a final judgment by a court or administrative body in a criminal or administrative case.

(h) "Registration by Reciprocity" — means that a teacher of a foreign nationality may be admitted to the examination or be given a Certificate of Registration or be entitled to any of the rights and privileges provided in R.A. No. 7836 if 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 the subjects and citizens of said country or state and that the requirements of certification of teachers which are set forth in the said country are substantially the same as those requires and provided under R.A. 7836 and that the laws of such state or country grant the same privilege to Filipino professional teachers on the same basis as the subjects or citizens of such foreign country or state.

(i) "Registration as Professional Teacher Without Examination" — refers to the enrollment, upon compliance with certain requirements, of a teacher's name in the Roll of Professional Teachers without taking the Licensure Examination for Professional Teachers.

(j) "Syllabus" — refers to a table of specifications containing the contents systematically arranged by topics and sub-topics of subjects in the curriculum of the course to be covered in the Licensure Examination for Professional Teachers.

(k) "Para-Teacher" — refers to one who did not pass the Licensure Examination for Professional Teachers but is issued by the Board a special or temporary permit to teach and who may be assigned by the Department of Education, Culture and Sports (DECS) to schools as it may determine.

ARTICLE II

Composition, Terms of Office and Meetings of the Board

SECTION 4. Composition of the Board for Professional Teachers. — The Board for Professional Teachers shall be 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 by the Commission from the list of nominees selected by the accredited association of professional teachers.

The Chairman and Vice-Chairman of the Board shall be appointed by the President from the five members. The members of the first Board appointed under R.A. No. 7836 shall be automatically registered as professional teachers and issued with a Certificate of Registration and Professional License upon payment of the fees for examination, registration and other fees prescribed by the Commission.

SECTION 5. Terms of Office of Board Members.— The members of the Board shall hold office for a term of three (3) years from the date they assumed office. The first appointees of the Board under R.A. No. 7836 shall hold office according to the following terms: one member shall serve for one (1) year; one member for two (2) years, and the Chairman, Vice-Chairman and one member for three (3) years. Vacancy shall be served for the unexpired term only. No person who has served for two consecutive years shall be eligible for appointment. Appointment to fill the unexpired term shall be considered an appointment to a complete term.

SECTION 6. Board, a Collegial Body. — The Chairman and members of the Board shall act as a collegial body in matters involving the exercise of its powers and functions as well as the implementation of its policies. Official action on such matters by the Board shall be effective only when approved by the Commission.

SECTION 7. Meetings. — The Board shall hold regular meetings at least once a month within the Commission's premises or in such other places as may be agreed upon by the Board and approved by the Commission. A special meeting may be called by the Chairman or any two members.

The Chairman shall preside over the meetings of the Board. The Vice-Chairman shall act in the absence of the Chairman.

SECTION 8. Duties and Functions of the Chairman. — The Chairman shall be the head of the Board and, as such, he shall assign the subjects for examination to the members of the Board in accordance with their expertise; assign members to conduct investigations of administrative cases and assign members to undertake the visitorial powers of the Board. The Chairman shall be the spokesman of the Board in the Commission. He shall act on matters that do not require collective action by the Board. Ministerial matters shall be acted upon by direction of the Chairman.

ARTICLE III

Application, Examination and Registration

SECTION 9. Written Examination Required. — All applicants for registration as professional teachers, except as specifically provided herein, are required to take and pass a written examination.

SECTION 10. Place and Date of Examination. — The Licensure Examination for Teachers shall be given at least once a year in such places and dates as may be determined by the Board and approved by the Commission.

SECTION 11. Subjects for Examination. — The examination for elementary and secondary school teachers shall be separate. The examination for teachers in the elementary level shall consist of two parts or subjects, namely: Professional Education and General Education.

The examination for teachers in the secondary level shall consist of three parts or subjects, namely: Professional Education, General Education and Field of Specialization.

SECTION 12. Formulation of Syllabus. — The Board shall formulate and adopt a syllabus for each of the General Education and Professional Education subjects in the Licensure Examination for Teachers in the elementary level. Test questions that shall be prepared shall be within the scope of the syllabus.

The Board shall likewise adopt a syllabus for each of the General Education and Professional Education subjects in the Licensure Examination for Teachers in the secondary level. Test questions that shall be prepared shall likewise be within the scope of the syllabus.

On the third part or subject of the examination for teachers in the secondary level, the Board adopts the following fields of specialization as subjects in the Licensure Examination for Teachers in the secondary level:

(1) Science

(2) English

(3) Filipino

(4) Mathematics

(5) Social Studies

(6) Physical Education, Health and Music (PEHM)

(7) Technology and Home Economics

(8) Values Education and

(9) Other subject/s or fields of specialization as the Board may prescribe, adopt and change in answer to the changes in the secondary level curriculum.

The Board shall likewise prepare and adopt a syllabus for each of the subjects or fields of specialization in the Licensure Examination for teachers in the secondary level. Test questions that shall be prepared shall be within the scope of the syllabus.

SECTION 13. Full Computerization of Examination. — The examination for professional teachers shall be fully computerized. The member of the Board assigned to a particular subject shall prepare the questions in each of the subjects he is assigned. These questions shall be inputted in the item bank from which the questions to be given in a particular licensure examination shall be extracted at random. The item bank for a particular subject shall be replenished within 60 days from the release of the results of the examination with double the number of questions extracted until the number of questions in the item bank has reached 2,000. Thereafter, the replenishment shall be equal to the number of questions extracted. The correction of the answer sheets of the examinees shall be done by the computers.

SECTION 14. Program of Examination. — The Board shall prepare and issue a program for every scheduled examination indicating therein the subjects for examination with their respective weights (in present), place of examination, date of examination and time of examination at least 60 days before the first day of the scheduled examination.

SECTION 15. Publication of Scheduled Examination — The program for every scheduled Licensure Examination for Professional Teachers shall be published at least once in newspapers of general circulation thirty (30) days before the scheduled date of examination. The said schedule of examination shall also be disseminated through DECS offices, schools, colleges and universities offering the courses for teachers at least two (2) months before the first day of the scheduled examination. EAHcCT

SECTION 16. Qualifications and Requirements for Examination of Teachers of the Elementary and Secondary Levels. — Any person who possesses the following qualifications may file an application to take the written examination for teachers of the elementary and secondary levels:

(a) Citizen of the Philippines or an alien whose country has reciprocity relations with the Philippines in the practice of the teaching profession;

(b) At least eighteen (18) years of age;

(c) In good health and 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 qualification as follows:

1. For teachers in the elementary grades, a Bachelor's degree in Elementary Education (BEED) or its equivalent

2. For teachers in the secondary, a Bachelor's degree in Secondary Education (BSED) 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.

3. For Teachers in pre-school, a Bachelor's degree in Early Childhood Education (BECED) or its equivalent 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 18 units in professional education.

The application, duly accomplished, shall be filed with the Application Division of the PRC accompanied by authentic or authenticated copies of the following documents:

(a) Certificate of Birth or Record of Birth;

(b) Medical Certificates issued by a government physician;

(c) Certificate of Good Moral Character of two respected persons in the community in which he resides;

(d) NBI or Police Clearance;

(e) Transcript of Records indicating therein the date of graduation, with Special Order, unless the said Special Order is dispensed with in accordance with law or rules and regulations issued by the DECS or the Commission on Higher Education (CHED).

In the case of an alien, the application should be accompanied by the documents in (b) and (e) including a document showing his citizenship and an authentic copy of the law on reciprocity of his country.

ARTICLE IV

Registration

SECTION 17. Registration of Successful Examinees. — All those who passed the licensure examination for teachers shall, unless specifically deferred for cause by the Board, be registered as teachers upon payment of the prescribed fees.

SECTION 18. Registration of Professional Teachers without Examination. — Any person may file an application for registration as a professional teacher without examination provided that he possesses the following qualifications on or before the date of the approval of R.A. No. 7836:

(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 (DECS) 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.

The application, duly accomplished, shall be accompanied by authentic or authenticated copies of the following documents:

(a) For holders of Certificate of Eligibility as teacher issued by the Civil Service Commission (CSC) and/or Department of Education, Culture and Sports (DECS) — Report of Rating or, in the absence thereof, Certification of Rating issued by the Civil Service Commission.

(b) For teachers registered with the National Board for Teachers pursuant to Pres. Decree No. 1006 — GURO Certificate or, in the absence thereof, Report of Rating or Certification of Rating issued by the Civil Service Commission.

SECTION 19. Registration of Elementary and Secondary School Teachers in Good Standing. — Elementary and secondary school teachers may file application for registration without examination as professional teachers provided they possess the following qualifications on or before the date of approval of R.A. No. 7836 (December 16, 1994):

(a) Elementary or secondary school teacher for five (5) years in good standing and holder of the requisite degree or its equivalent or

(b) Elementary or secondary school teacher for three (3) years in good standing and a holder of a Master's Degree in Education or its equivalent.

The application should be accompanied by authentic or authenticated copy of the following documents:

(1) Certificate of Good Standing as a teacher for three or five years, as the case may be, issued by the Principal;

(2) Service Record or Record of Employment as a teacher issued by the proper officer;

(3) Transcript of Records indicating therein the date of graduation, with Special Order, unless the said Special Order is dispensed with in accordance with law or rules and regulations issued by the DECS or the Commission on Higher Education (CHED).

The term "or its equivalent" shall mean degrees deemed equivalent to a Bachelor's degree in Secondary Education and Bachelor's degree in Elementary Education, as the case may be, as previously determined by the National Board for Teachers created by P.D. No. 1006 and used by the Civil Service Commission in its teacher examination and registration functions.

The Board shall determine the degrees equivalent to Master's degree in Education within 60 days from effectivity of this Rules.

SECTION 20. Issuance of Temporary Permit. — (A) Within two (2) years from the organization of the Board, an incumbent teacher of the public or private sector who is not qualified to register without examination under R.A. No. 7836 may file an application for the issuance by the Board of a special permit which shall be valid and effective for five (5) years from date of issuance thereof.

The applicant shall file his application duly accomplished with the Registration Division of the PRC which shall be accompanied by authentic or authenticated copies of the following documents:

(a) Appointment as a teacher (if public) or contract of employment (if private);

(b) Service Record (if public) or Record of Employment (if private) issued by the proper officer;

(c) Transcript of Records indicating therein the date of graduation, with Special Order, unless the said Special Order is dispensed with in accordance with law or rules and regulations issued by the DECS or the Commission on Higher Education (CHED).

(B) An incumbent teacher of the public or private sector who is qualified to register under R.A. No. 7836 but who, for cogent or compelling reasons, failed to register shall likewise be issued, upon application duly filed and approved, a temporary permit which shall be valid and effective for a period of five (5) years from date of issuance thereof. The application which shall be filed within thirty (30) days from January 12, 1997 shall be accompanied by authentic or authenticated copies of documents required in Section 18 and 19 hereof, as the case may be.

SECTION 21. Special/Temporary Permit for Para-Teachers. — Any person who failed in the Licensure Examination for Teachers may file an application for the issuance by the Board of a special or temporary permit. The application shall be filed with the Application Division of the PRC.

ARTICLE V

Issuance of Certificate of Registration and Professional License

SECTION 22. Registration and Issuance of Certificate of Registration and Professional License. — Upon compliance with all the requirements for registration with or without examination, the name of the professional teacher shall be entered in the Roll of Professional Teachers and shall be issued a Certificate of Registration and Professional License.

SECTION 23. Taking of Oath of Professional Teachers. — After the Board has approved his application for registration, a professional teacher shall then take his oath.

SECTION 24. Renewal of Professional License. — The professional license shall, unless the holder hereof is exempted from the CPE requirement, be renewed after three (3) years on the birth month of the professional teacher upon presentation of the required Continuing Professional Education (CPE) credit units earned and payment of the annual registration fees for the period under license.

ARTICLE VI

Periodic Merit Examination of Teachers

SECTION 25. Periodic Merit Examination. — With the cooperation of the Department of Education, Culture and Sports (DECS), the Board shall administer periodic merit examinations for teachers. The merit examination which shall be given at least once in five (5) years shall consist of two parts, namely: oral and written. The result of this merit examination and the teacher's performance rating shall be the basis for merit promotion. No fee shall be collected for taking this examination.

SECTION 26. Examination and Refresher Course — Should a teacher fail to pass the merit examination, he or she shall be allowed to take the examination for the second time. Should he or she fail to pass the merit examination for the second time, he or she shall be required to take the DECS accredited refresher course or program before he or she will be allowed to take the examination.

SECTION 27. Prohibition Against Dismissal or Demotion. — Failure of any permanent teacher to pass the merit examination shall not be used as ground for his dismissal or demotion. CScTED

SECTION 28. Incentives for Passing the Merit Examination. — 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 for government scholarship;

(d) Enjoy such other privileges as may be provided by the Board or the DECS.

SECTION 29. Other Incentives. — 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.

ARTICLE VII

Report on the Performance of the Candidates of Schools, Colleges

SECTION 30. Report of the Board. — The Board shall, with the assistance of the Public Information and Statistics Section of the Professional Regulation Commission, prepare a report on the performance of the candidates of schools, colleges or universities in all licensure examinations for teachers and furnish the Department of Education, Culture and Sports (DECS) and Commission on Higher Education (CHED) with copies of said report. The Board shall recommend to the Commission on Higher Education: (1) the monitoring of the schools, colleges and universities, whether public or private, whose candidates who passed in the licensure examinations are less than 5% of the total number of candidates who took the said licensure examination; (2) the publication of the names of schools, colleges and universities whose candidates who passed in the licensure examinations are less than 5% of the total number of candidates who took the said licensure examinations in at least five (5) consecutive/successive licensure examinations, and (3) closure of the same: Provided, however, That the names of the schools, colleges and universities where candidates in the Teachers' Licensure Examination have enrolled and earned 18 units shall not be included in the publication. CDaTAI

ARTICLE VIII

Applicability of Rules and Regulations Promulgated by the Professional Regulation Commission.D. No. 223, as Amended

SECTION 31. Applicability of This Rules. — The "Rules and Regulations Governing the Regulation and Practice of Professionals" (as amended) promulgated by the Professional Regulation Commission on the ninth day of January, 1974, as well as Resolution No. 174, Series of 1990 amending Article IV of the foregoing Rules promulgated by the Professional Regulation Commission on July 30, 1990 shall, insofar as are relevant and pertinent to the application, examination, registration and investigation of professional teachers, be applicable to the licensure and regulation of professional teachers.

ARTICLE IX

Effectivity

SECTION 32. Effectivity. — This Rules and Regulations shall take effect after fifteen (15) days following the completion of its publication in a newspaper of general circulation and in the Official Gazette, whichever comes earlier.

(SGD.) NILO L. ROSAS

Chairman

Professional Regulation Commission

(SGD.) AURELIO O. ELEVAZO

Vice-Chairman

Professional Regulation Commission

(SGD.) LUCILA F. TIBIGAR

Member

Professional Regulation Commission

(SGD.) FE A. HIDALGO

Member

Professional Regulation Commission

Attested to:

(SGD.) CARLOS G. ALMELOR

Secretary, Professional Regulatory Boards

APPROVED:

(SGD.) HERMOGENES P. POBRE

Commission Chairman

Professional Regulation Commission

(SGD.) ALFONSO G. ABAD

Associate Commissioner

Professional Regulation Commission