here in the PPT you will learn your rights, privileges and benefits that you should enjoy.

1. TEACHING PERSONNEL
Exequiel B. Cebrian, Jr.
Philippine Educational Legislations
Education 312/912
Lourdes G. Tolod, Ph.D.
Professor
Xavier University-Ateneo de Cagayan

2. Topics to be discussed are as follows:
 PD No. 807 – Oraganization of Civil Service
Commission
 PD No. 1006 – Teachers with Permanent
Appointment under RA 4670
 PD No. 851 – 13th Month Pay
 RA 7699 – Portability Law
 RA 8190 – Localization Law
RA 8291 – GSIS Act of 1997
 RA 6070 – Amendments of Civil Service Acts

3. MALACAÑANG
Manila
PRESIDENTIAL DECREE No. 851 December 16, 1976
REQUIRING ALL EMPLOYERS TO PAY THEIR
EMPLOYEES A 13th-MONTH PAY
WHEREAS, it is necessary to further protect the level of
real wages from the ravage of worldwide inflation;
WHEREAS, there has been no increase in the legal
minimum wage rates since 1970;

4. WHEREAS, the Christmas season is an opportune time
for society to show its concern for the plight of the
working masses so they may properly celebrate
Christmas and New Year.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by
virtue of the powers vested in me by the Constitution,
do hereby decree as follows:
Section 1. All employers are hereby required to pay all
their employees receiving a basic salary of not more
than P1,000 a month, regardless of the nature of their
employment, a 13th-month pay not later than
December 24 of every year.

5. Section 2. Employers already paying their employees a
13th-month pay or its equivalent are not covered by
this Decree.
Section 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of December 1975.

6. RULES AND REGULATIONS IMPLEMENTING
PRESIDENTIAL DECREE NO. 851
By virtue of the powers vested in me by law, the
following rules and regulations implementing
Presidential Decree No. 851 are hereby issued for the
guidance of all concerned.
Section 1. Payment of 13-month Pay All employers
covered by Presidential Decree No. 851, hereinafter
referred to as the "Decree", shall pay to all their
employees receiving a basic salary of not more than
P1,000 a month a thirteenth-month pay not later than
December 24 of every year.

7. Section 2. Definition of certain terms As used in this
issuance.
(a) "Thirteenth-moth pay" shall mean one twelfth (1/12)
of the basic salary of an employee within a calendar
year;
(b) "Basic salary" shall include all remunerations or
earnings paid by an employer to an employee for
services rendered but may not include cost-of-living
allowances granted pursuant to Presidential Decree
No. 525 or Letter of Instructions No. 174, profit-
sharing payments, and all allowances and monetary
benefits which are not considered or integrated as
part of the regular or basic salary of the employee at
the time of the promulgation of the Decree on
December 16, 1975.

8. Section 3. Employers covered The Decree shall apply to
all employers except to:
(a) Distressed employers, such as (1) those which are
currently incurring substantial losses or (2) in the case
of non-profit institutions and organizations, where
their income, whether from donations, contributions,
grants and other earnings from any source, has
consistently declined by more than forty (40%)
percent of their normal income for the last two (2)
years, subject to the provision of Section 7 of this
issuance;

9. (b) The Government and any of its political
subdivisions, including government-owned and
controlled corporations, except those corporations
operating essentially as private subsidiaries of the
Government;
(c) Employers already paying their employees 13-month
pay or more in a calendar year of its equivalent at the
time of this issuance;
(d) Employers of household helpers and persons in the
personal service of another in relation to such
workers; and

10. (e) Employers of those who are paid on purely
commission, boundary, or task basis, and those who
are paid a fixed amount for performing a specific
work, irrespective of the time consumed in the
performance thereof, except where the workers are
paid on piece-rate basis in which case the employer
shall be covered by this issuance insofar as such
workers are concerned.
As used herein, workers paid on piece-rate basis shall
refer to those who are paid a standard amount for
every piece or unit of work produced that is more or
less regularly replicated, without regard to the time
spent in producing the same.

11. The term "its equivalent" as used in paragraph c)
hereof shall include Christmas bonus, mid-year
bonus, profit-sharing payments and other cash
bonuses amounting to not less than 1/12th of the basic
salary but shall not include cash and stock dividends,
cost of living allowances and all other allowances
regularly enjoyed by the employee, as well as non-
monetary benefits. Where an employer pays less than
1/12th of the employees basic salary, the employer
shall pay the difference.

12. Section 4. Employees covered Except as provided in
Section 3 of this issuance, all employees of covered
employers shall be entitled to benefit provided under
the Decree who are receiving not more than P1,000 a
month, regardless of their position, designation or
employment status, and irrespective of the method by
which their wages are paid, provided that they have
worked for at least one month during the calendar
year.

13. Section 5. Option of covered employers A covered
employer may pay one-half of the 13th-month pay
required by the Decree before the opening of the
regular school year and the other half on or before the
24th day of December of every year.
In any establishment where a union has been
recognized
or certified as the collective bargaining agent of the
employees therein, the periodicity or frequency of
payment of the 13th month pay may be the subject of
agreement.

14. Nothing herein shall prevent employers from giving
the benefits provided in the Decree to their employees
who are receiving more than One Thousand (P1,000)
Pesos a month or benefits higher than those provided
by the Decree.
Section 6. Special feature of benefit The benefits
granted under this issuance shall not be credited as
part of the regular wage of the employees for purposes
of determining overtime and premium pay, fringe
benefits, as well as premium contributions to the State
Insurance Fund, social security, medicare and private
welfare and retirement plans.

15. Section 7. Exemption of Distressed employers
Distressed employers shall qualify for exemption from
the requirement of the Decree upon prior
authorization by the Secretary of Labor. Petitions for
exemptions may be filed within the nearest regional
office having jurisdiction over the employer not later
than January 15, 1976. The regional offices shall
transmit the petitions to the Secretary of Labor within
24 hours from receipt thereof.
Section 8. Report of compliance Every covered
employer shall make a report of his compliance with
the Decree to the nearest regional labor office not
later than January 15 of each year.

16. The report shall conform substantially with the
following form:
REPORT ON COMPLIANCE WITH PD NO. 851
1. Name of establishment
2. Address
3. Principal product or business
4. Total employment
5. Total number of workers benefited
6. Amount granted per employee
7. Total amount of benefits granted
8. Name, position and tel. no. of person giving
information

17. Section 9. Adjudication of claims Non-payment of the
thirteenth-month pay provided by the Decree and
these rules shall be treated as money claims cases and
shall be processed in accordance with the Rules
Implementing the Labor Code of the Philippines and
the Rules of the National Labor Relations
Commission.
Section 10. Prohibition against reduction or elimination
of benefits Nothing herein shall be construed to
authorize any employer to eliminate, or diminish in
any way, supplements, or other employee benefits or
favorable practice being enjoyed by the employee at
the time of promulgation of this issuance.

18. Section 11. Transitory Provision These rules and
regulations shall take effect immediately and for
purposes of the 13-month pay for 1975, the same shall
apply only to those who are employees as of
December 16, 1975.
Manila, Philippines, 22 December 1975.

19. SUPPLEMENTARY RULES AND REGULATIONS
IMPLEMENTING P.D. NO. 851
To insure uniformity in the interpretation, application
and enforcement of the provisions of P.D. No. 851 and its
implementing regulations, the following clarifications
are hereby made for the information and guidance of all
concerned:
1. Contractors and Subcontractors, including Security
and Watchman Agencies, are exempt for the year 1975
subject to the following conditions:

20. (a) that the contracts of such enterprises were entered
into before December 16, 1975;
(b) that such enterprises have complied with all labor
standards laws during the year;
(c) that the contract cannot really accomodate 13-month
pay or its equivalent; and
(d) that the contract does not provide for cost escalation
clause.
This exemption is without prejudice on the part of the
workers to negotiate with their employers or to seek
payment thereof by filing appropriate complaints with
the Regional Offices of the Department of Labor.

21. 2. Private school teachers, including faculty members of
colleges and universities, are entitled to 1/12 of their
annual basic pay regardless of the number of months
they teach or are paid within a year.
3. New establishments operating for less than one year
are not covered except subsidiaries or branches of
foreign and domestic corporations.
4. Overtime pay, earnings and other remunerations
which are not part of the basic salary shall not be
included in the computation of the 13-month pay.

22. 5. In view of the lack of sufficient time for the
dissemination of the provisions of P.D. No. 851 and its
Rules and the unavailability of adequate cash flow due
to the long holiday season, compliance and reporting
of compliance with this Decree are hereby extended
up to March 31, 1976 except in private schools where
compliance for 1975 may be made not later than 30
June 1976.
6. Nothing herein shall sanction the withdrawal or
diminution of any compensation, benefits or any
supplements being enjoyed by the employees on the
effective date of this issuance.

23. How to compute?
Section 2(a) of PD No. 851, which was issued by former
president Ferdinand E. Marcos on December 16, 1975,
stated that:
“thirteenth-month pay” shall mean one twelfth (1/12) of
the basic salary of an employee within a calendar year.
According to the Revised Guidelines on the
Implementation of the 13th Month Law issued on
November 16, 1987 by then Labor Secretary Franklin
Drilon:

24. the “basic salary” of an employee for the purpose of
computing the 13th month pay shall include all
remunerations or earning paid by this employer for
services rendered but does not include allowances and
monetary benefits which are not considered or
integrated as part of the regular or basic salary, such
as the cash equivalent of unused vacation and sick
leave credits, overtime, premium, nigh differential and
holiday pay, and cost-of-living allowances. However
these salary-related benefits should be included as part
of the basic salary in the computation of the 13th
month pay if by individual r collective agreement,
company practice or policy, the same are treated as
part of the basic salary of the employees.

25. Based on the foregoing information, we can arrive with
the following formula in computing 13th month pay:
13monthpay = total basic salary within the calendar
year / 12
Is it taxable?
Thirteenth month pay and other benefits amounting to
P 30,000 and below are not subject to income tax. This
means, if you receive P 40,000, the P10,000 excess is
already taxable.

26. Who are entitled?
Memorandum Order No. 28, issued by former President
Corazon C. Aquino on August 13, 1986, modified Section
of PD No. 851 and provided that all employers are
hereby
required to pay all their rank-and-file employees a 13th
month pay not later than December 24 of every year.
Before its modification by the aforecited Memorandum
Order, P.D. No. 851 excludes from entitlement to the 13 th
month pay those employees who were receiving a basic
salary of more than P1,000.00 a month.

27. With the removal of the salary ceiling of P1,000.00, all
rank and file employees are now entitled to a 13th
month
pay regardless of the amount of basic salary that they
receive in a month if their employers are not otherwise
exempted from the application of P.D. No. 851. Such
employees are entitled to the benefit regardless of their
designation or employment status, and irrespective of
the method by which their wages are paid, provided
that
they have worked for at least one (1) month during a
calendar year.

28. Who are considered rank-and-file employees?
According to the Labor code, all employees not falling
within the definition of a managerial employee are
considered rank-and-file employees. A managerial
employee is one who is vested with powers of
prerogatives to lay down and execute management
policies and/or to hire, transfer, suspend, lay-off, recall
discharge, assign or discipline employees, or to
effectively recommend such managerial actions.

29. How about resigned and separated employees?
An employee who has resigned or whose services were
terminated at any time before the time for payment of
the 13th month pay is entitled to this monetary benefit
in proportion to the length of time he worked during
the
year, reckoned from the time he started working during
the calendar year up to the time of his resignation or
termination from the service. Thus, if he worked only
from January up to September his proportionate 13th
month pay should be equivalent of 1/12 his total basic
salary he earned during that period.

30. The payment of the 13th month pay may be demanded
by the employee upon the cessation of employer
employee relationship. This is consistent with the
principle of equity that as the employer can require the
employee to clear himself of all liabilities and property
accountability, so can the employee demand the
payment of all benefits due him upon the termination of
the relationship.

31. When to pay?
The required 13th month pay shall be paid not later than
December 24 of each year. An employer, however, may
give to his employees one half (½) of the required 13th
month pay before the opening of the regular school year
and the other half on before the 24th of December of
every year. The frequency of payment of this monetary
benefit may be the subject of agreement between the
employer and the recognized/collective bargaining
agent
of the employees.

32. Who are considered exempted employers?
The following employers are still not covered by P.D.
No.
851:
a. The Government and any of its political subdivisions,
including government-owned and controlled
corporations, excepts those corporations operating
essentially as private subsidiaries of the Government;
b. Employers already paying their employees a 13th
month pay or more in a calendar year or its equivalent
at the time of this issuance;

33. c. Employers of household helpers and persons in the
personal service of another in relation to such workers;
And
d. Employers of those who are paid on purely
commission, boundary, or task basis, and those who are
paid a fixed amount for performing specific work,
irrespective of the time consumed in the performance
thereof, except where the workers are paid on piece-rate
basis in which case the employer shall grant the
required
13th month pay to such workers.

34. As used herein, workers paid on piece-rate basis shall
refer to those who are paid a standard amount for every
piece or unit of work produced that is more or less
regularly replicated, without regard to the time spent in
producing the same.
The term “its equivalent” as used on paragraph (b)
hereof shall include Christmas bonus, mid-year bonus,
cash bonuses and other payments amounting to not less
than 1/12 of the basic salary but shall not include

35. cash and stock dividends, cost of living allowances and
all other allowances regularly enjoyed by the employee,
as well as non-monetary benefits. Where an employer
pays less than required 1/12th of the employees basic
salary, the employer shall pay the difference.

36. REPUBLIC ACT NO. 8190
AN ACT GRANTING PRIORITY TO RESIDENTS OF
THE BARANGAY, MUNICIPALITY OR CITY WHERE
THE SCHOOL IS LOCATED, IN THE APPOINTMENT
OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOL
TEACHERS.

37. Section 1. In the appointment or assignment of teachers
to public elementary or secondary schools, priority shall
be given to bona fide residents of the barangay,
municipality, city or province where the school is
located: Provided, That the teacher possesses all the
minimum qualifications for the position as required by
law.
Protests regarding the appointment or assignment of
classroom public schoolteachers shall prescribe in three
(3) months upon the issuance of such appointments or
assignment.

38. Sec. 2. In the exercise of its disciplinary authority, the
Secretary of Education, Culture and Sports shall
impose the following administrative sanctions for any
willful violation of this Act: (1) first violation —
suspension of one (1) month without pay; (2) second
violation — suspension of two (2) months without
pay; and (3) third violation and subsequent violations
hereof — suspension of six (6) months without pay.

39. Sec. 3. The Department of Education, Culture and
Sports (DECS) shall prescribe the rules and
regulations necessary to implement this Act. The
DECS shall provide the senate and the House of
Representatives a copy of the rules and regulations
within ninety (90) days after approval of this Act.
Sec. 4. All laws, decrees, executive orders, rules and
regulations, or parts thereof inconsistent with this Act
are hereby repealed or modified accordingly.

40. Sec. 5. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at
least two (2) newspapers of general circulation.
Approved: June 11, 1996
(Case 1)

41. REPUBLIC ACT NO. 7699
AN ACT INSTITUTING LIMITED PORTABILITY
SCHEME IN THE SOCIAL SECURITY INSURANCE
SYSTEMS BY TOTALIZING THE WORKERS‘
CREDITABLE SERVICES OR CONTRIBUTIONS IN
EACH OF THE SYSTEMS.
SECTION 1. It is hereby declared the policy of the State
to promote the welfare of our workers by recognizing
their efforts in productive endeavors and to further
improve their conditions by providing benefits for
their long years of contribution to the national
economy.

42. Towards this end, the State shall institute a scheme for
totalization and portability of social security benefits
with the view of establishing within a reasonable
period a unitary social security system.
Sec. 2. Definition of Terms. — As used in this Act, unless
the context indicates otherwise, the following terms
shall mean:
(a) "Contributions" shall refer to the contributions paid
by the employee or worker to either the Government
Service Insurance System (GSIS) or the Social Security
System (SSS) on account of the worker's membership;

43. (b) "Portability" shall refer to the transfer of funds for
the account and benefit of a worker who transfers
from one system to the other;
(c) "Sector" shall refer to employment either in the
public or private sector;
(d) "System" shall refer to either the SSS as created
under Republic Act No. 1161, as amended or the GSIS
as created under Presidential Decree No. 1146, as
amended; and
(e) "Totalization" shall refer to the process of adding up
the periods of creditable services or contributions
under each of the Systems, for purposes of eligibility
and computation of benefits.

44. Sec. 3. Provisions of any general or special law or rules
and regulations to the contrary notwithstanding, a
covered worker who transfers employment from one
sector to another or is employed in both sectors shall
have his credible services or contributions in both
Systems credited to his service or contribution record
in each of the Systems and shall be totalized for
purposes of old-age, disability, survivorship and other
benefits in case the covered member does not qualify
for such benefits in either or both Systems without
totalization: Provided, however, That overlapping
periods of membership shall be credited only once for
purposes of totalization.

45. Sec. 4. All contributions paid by such member
personally, and those that were paid by his employers
to both Systems shall be considered in the processing
of benefits which he can claim from either or both
Systems: Provided, however, That the amount of
benefits to be paid by one System shall be in
proportion to the number of contributions actually
remitted to that System.
Sec. 5. Nothing in this Act shall be construed to
diminish or reduce the benefits being enjoyed by a
covered worker arising from existing laws, issuances,
and company policies or practices or agreements
between the employer and the employees.

46. Sec. 6. The Department of Labor and Employment for
the private sector and the Civil Service Commission
for the government sector, together with the SSS and
the GSIS shall, within ninety (90) days from the
effectivity of this Act, promulgate the rules and
regulations necessary to implement the provisions
hereof: Provided, That any conflict in the
interpretation of the law and the implementing rules
and regulations shall be resolved in favor of the
workers.
Sec. 7. All laws, decrees, orders, rules and regulations,
or parts thereof, which are inconsistent with the
provisions of this Act are hereby repealed or modified
accordingly.

47. Sec. 8. This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in
at least two (2) national newspapers of general
circulation, whichever comes earlier.
Approved: May 1, 1994

48. PD No. 1006 – Teachers with Permanent
Appointment under RA 4670
PROVIDING FOR THE PROFESSIONALIZATION OF
TEACHERS, REGULATING THEIR PRACTICE IN THE
PHILIPPINES AND FOR OTHER PURPOSES
WHEREAS, the Constitution provides that "All
educational institutions shall be under the supervision
of; and subject to regulation by, the State", and requires
that "the State shall establish and maintain a complete,
adequate and integrated system of education relevant to
the goals of national development";

49. WHEREAS, in the pursuit on these objectives, the
Department of Education and Culture has adopted ways
and means of overseeing all the educational institutions
in the country;
WHEREAS, this supervisory function of the DEC has
been primarily beamed towards insuring that the
educational institutions inculcate in the studentry love
of the country, teach the duties of citizenship, and
develop moral character, personal discipline, and
scientific, technological and vocational efficiency;

50. WHEREAS, to implement these objectives, the
institutions have relied upon their teachers whose
direct
and continuing interaction with the young people and
the children make them potent forces for the
development of proper attitudes among the citizenry;
WHEREAS, this accounts for the tremendous growth of
the teaching population, comprising in the civil service
sector alone more than 300,000 teachers deployed all
over the country;

51. WHEREAS, to insure that in the immediacy and
urgency of teacher recruitment qualitative
requirements are not overlooked, it has become
necessary to regulate the teaching profession;
WHEREAS, although teaching requires a number of
years of collegiate study, it is the only course that it is
not yet considered a profession;
WHEREAS, in recognition of the vital role of teachers
in nation-building and as an incentive to raise the
morale of teachers, it is imperative that they be
considered as professionals and teaching be
recognized as a profession.

52. NOW, THEREFORE, I, FERDINAND E. MARCOS,
President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby decree and
order:
Section 1. Title. This Decree shall be known as the
Decree Professionalizing Teaching.

53. Section 2. Declaration of Policy. It is hereby declared a
policy that teacher education shall be given primary
concern and attention by the government and shall be
of the highest quality, and strongly oriented to
Philippine conditions and to the needs and aspirations
of the Filipino people even as it seeks enrichment
from adoptable ideas and practices of other people.
Section 3. Definition of Terms. As used in this Decree,
the following shall be construed as follows:

54. (a) Teaching refers to the profession primarily
concerned with the classroom instruction, at the
elementary and secondary levels, in accordance with
the curriculum prescribed by National Board of
Education, whether on part-time or full-time basis
in the public or private schools.
(b) Teachers refers to all persons engaged in teaching at
the elementary and secondary levels, whether on a
full-time or part-time basis, including guidance
counsellors, school librarians, industrial arts or
vocational teachers and all other persons performing
supervisory and/or administrative functions in all
schools in the aforesaid levels and legally qualified
to practice teaching under this Decree.

55. (c) Board refers to the National Board for Teachers duly
constituted under this Decree.
Section 4. Creation of the National Board for Teachers.
There is hereby created a National Board for Teachers,
hereinafter called the Board, to be composed of the
following:
1) Secretary of Education and Culture Co-Chairman
2) Chairman, Civil Service Commission
3) Commissioner, Professional Regulations Commission
Members
4) Two members representing the private sector to be
appointed by the President

56. Section 5. Powers and Duties. The Board shall have the
following powers and duties:
(a) Appoint a set of examiners for every examination
who will determine and prepare the contents of the
Board examination for teachers, hereinafter referred to
as examination, in the elementary and secondary levels
of instruction, to be held at least once a year;

57. (b) Determine and fix the places and dates of
examination, appoint supervisors and room examiners
from among the employees of the Government who
shall be entitled to a daily allowance to be fixed by the
Board for every examination day actually attended,
use the buildings and facilities of public and private
schools for examination purposes, approve
applications to take examination, and approve the
release of examination results;
(c) Look from time to time into the conditions affecting
the practice of the teaching profession, adopt such
measures as may be deemed proper for the
enhancement of said profession, and/or maintenance
of the professional standards and ethics;

58. (d) Issue, suspend, revoke, replace or reissue
Professional Teachers Certificate, and administer
oaths;
(e) Appoint, subject to the provisions of existing laws,
such officials and employees as are necessary in the
effective performance of its functions and
responsibilities, prescribe their duties and fix their
compensation;
(f) Prescribe and collect examination and other fees as it
may deem proper; and
(g) Promulgate rules and regulations, and exercise such
other powers, functions and duties as may be
necessary to carry into effect the purposes of this
Decree.

59. Section 6. Qualification requirements for examination
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) Except those who have been engaged in teaching as
herein defined for at least five years in schools in the
Philippines not organized exclusively for nationals of a
foreign country at the time of the effectivity of this
Decree, the applicant must be a citizen of the
Philippines;
(b) That he is of good moral character;

60. (c) That he is free from any physical and/or mental
defect which will incapacitate him to render efficient
service; and
(d) That he possesses the following minimum
educational qualifications:
(e) For teachers in the kindergarten and elementary
grades, Bachelor's degree in Elementary Education
(B.S.E.Ed.) or its equivalent;
(f) For teachers of the secondary schools, Bachelor's
degree in Education or its equivalent with a major and
minor, or a Bachelor's degree in Arts or Sciences with
at least eighteen units in professional education; and

61. (g) For teachers of secondary vocational and two-year
technical courses, Bachelor's degree in the field of
specialization with at least eighteen units in
professional education.
All applications shall be filed with an office or offices
designated by the Board, preferably the offices of the
Civil Service Commission and the Department of
Education and Culture.
These offices shall screen and approve such applications
and issue the corresponding permits to take the
examination to qualify applicants.

62. Section 7. Appointment of examiners. The Board shall
appoint a set of examiners for every examination who
are recognized authority in teacher education, and
their names shall not be disclosed until after the
release of the results of the examination. They shall
each receive as compensation the sum of not less than
P5.00 for each examinee as may be determined by the
Board but in no case shall each examiner receive more
than P18,000 per examination. Any examiner who is in
the service of the Government shall receive the
compensation herein provided in addition to his
salary.

63. Section 8. Scope of the examination. The examination
shall consist of written tests, the scope of which shall
be determined by the Board, taking into consideration
the teaching plan of the schools legally constituted in
the Philippines.
Section 9. Ratings in the examination. In order that a
candidate may be deemed to have successfully passed
the examinations, he must have obtained a general
average of at least 70 per cent in all subjects, with no
rating below 50 per cent in any subject.

64. Section 10. Report of the results of examination. The
examiners shall report the ratings obtained by each
candidate to the Board within 150 days after the last
day of the examination, unless extended by the latter.
Section 11. Issuance of Certificates. Teachers who have
passed examinations given by the Civil Service
Commission or jointly by the Civil Service Commission
and the Department of Education and Culture shall be
considered as having passed the board examinations for
teachers. The Board may consider their certificates of
rating as certificates of eligibility or issue an entirely
new
certificate upon registration of the teacher and payment
of the corresponding fees.

65. This provision shall likewise apply to those teachers
who have permanent appointment under the Magna
Carta For Public School Teachers and all others who
may be qualified for registration as professional
teachers under this Decree.
Section 12. Registration. The Civil Service Commission
shall, as an arm of the Board, register holders of
Professional Teacher Certificate which registration
shall evidence that the registrant is entitled to all the
rights and privileges of a Professional Teacher until
and unless the certificate is suspended or cancelled by
the Board for just cause.

66. Section 13. Reissuance of revoked certificates and
replacement of lost certificates. The Board may, for
reason of equity and justice, and upon proper
application therefor, issue another copy, original or
duplicate, upon payment of the required fee, of a
certificate which has been revoked. A new certificate
to replace a lost, destroyed or mutilated certificate
may be issued subject to the rules of the Board.

67. Section 14. Registration by reciprocity. The Civil Service
Commission shall, upon approval of the Board, effect
the registration, without examination, of a teacher
validly registered under the laws of any foreign state
or country; Provided, That the requirements for
registration in said foreign state or country are
substantially the same as those required and
contemplated by this Decree, and the laws of such
foreign state or country allow citizens of the
Philippines to practice the profession on the same
basis and grant the same privileges as the citizens or
subjects of such foreign state or country;

68. Provided finally, That the applicant shall submit
competent and conclusive documentary evidence,
confirmed by the Department of Foreign Affairs,
showing that his country's existing laws permit
citizens of the Philippines to practice teaching
profession under the rules and regulations governing
citizens thereof.
Section 15. Prohibition. Three years after the
effectivity of this Decree, no person shall engage in
teaching and/or act as a teacher as defined in this
Decree, whether in the public or private elementary or
secondary school, unless he is holder of a Professional
Teacher Certificate or is considered a Professional
Teacher under this Decree.

69. Section 16. Penal Provision. Any person who shall
practice the teaching without a valid Professional
Teacher Certificate, or any person presenting as his or
her own the certificate of another, or any person
giving any false or forged evidence in order to obtain a
Professional Teacher Certificate or admission to an
examination, or any person assuming himself as a
registered professional teacher or any person violating
any provision of this Decree shall be penalized by a
fine of not less than One Thousand Pesos nor more
than Five Thousand Pesos with subsidiary
imprisonment or to suffer an imprisonment of not less
than six months nor more than two years, or both
such fine and imprisonment at the discretion of the
Court.

70. Section 17. Repealing Clause. All Acts, Decrees,
Executive Orders, Administrative Orders, rules and
regulations or parts thereof inconsistent with the
provisions of this Decree are hereby repealed or
modified accordingly.
Section 18. Separability Clause. In case any provision of
this Decree or any portion thereof is declared
unconstitutional by a competent court, other
provisions shall not be affected thereby.

71. Section 19. Effectivity. This Decree shall take effect
January 1, 1977.
DONE in the City of Manila, this 22nd day of
September,
in the year of Our Lord, nineteen hundred and seventy
six.