TEACHING PERSONNEL

Exequiel B. Cebrian, Jr.Philippine Educational Legislations

Education 312/912

Lourdes G. Tolod, Ph.D.Professor

Xavier University-Ateneo de Cagayan

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

MALACAÑANGM a n i l a

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;

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.

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.

RULES AND REGULATIONS IMPLEMENTINGPRESIDENTIAL DECREE NO. 851

By virtue of the powers vested in me by law, thefollowing rules and regulations implementingPresidential Decree No. 851 are hereby issued for

theguidance 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.

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.

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;

(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

(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.

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.

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.

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 theemployees therein, the periodicity or frequency ofpayment of the 13th month pay may be the subject

ofagreement.

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.

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.

The report shall conform substantially with thefollowing form:

REPORT ON COMPLIANCE WITH PD NO. 851

1. Name of establishment2. Address3. Principal product or business4. Total employment5. Total number of workers benefited6. Amount granted per employee7. Total amount of benefits granted8. Name, position and tel. no. of person giving

information

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.

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.

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:

(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 theworkers to negotiate with their employers or to seekpayment thereof by filing appropriate complaints withthe Regional Offices of the Department of Labor.

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.

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.

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 theImplementation of the 13th Month Law issued onNovember 16, 1987 by then Labor Secretary

FranklinDrilon:

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.

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 isalready taxable.

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 13th

month pay those employees who were receiving a basic

salary of more than P1,000.00 a month.  

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.

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.

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.

The payment of the 13th month pay may be demanded

by the employee upon the cessation of employeremployee relationship. This is consistent with theprinciple of equity that as the employer can require

theemployee to clear himself of all liabilities and

propertyaccountability, so can the employee demand thepayment of all benefits due him upon the

termination ofthe relationship.

When to pay?

The required 13th month pay shall be paid not later thanDecember 24 of each year. An employer, however, maygive to his employees one half (½) of the required 13th

month pay before the opening of the regular school yearand the other half on before the 24th of December ofevery year. The frequency of payment of this monetarybenefit may be the subject of agreement between theemployer and the recognized/collective bargaining agentof the employees.

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;

c.  Employers of household helpers and persons in thepersonal service of another in relation to such workers;And

d.  Employers of those who are paid on purelycommission, boundary, or task basis, and those who arepaid a fixed amount for performing specific work,irrespective of the time consumed in the performancethereof, except where the workers are paid on piece-ratebasis in which case the employer shall grant the required13th month pay to such workers.

As used herein, workers paid on piece-rate basis shallrefer to those who are paid a standard amount for everypiece or unit of work produced that is more or lessregularly replicated, without regard to the time spent inproducing 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 lessthan 1/12 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 required 1/12th of the employees basic

salary, the employer shall pay the difference.

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.

Section 1. In the appointment or assignment of teachersto public elementary or secondary schools, priority shallbe given to bona fide residents of the barangay,municipality, city or province where the school islocated: Provided, That the teacher possesses all theminimum qualifications for the position as required bylaw.

Protests regarding the appointment or assignment ofclassroom public schoolteachers shall prescribe in three(3) months upon the issuance of such appointments orassignment.

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.

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.

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)

REPUBLIC ACT NO. 7699AN ACT INSTITUTING LIMITED PORTABILITYSCHEME IN THE SOCIAL SECURITY

INSURANCESYSTEMS BY TOTALIZING THE WORKERS‘CREDITABLE SERVICES OR CONTRIBUTIONS INEACH 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.

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;

(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.

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.

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.

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.

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

PD No. 1006 – Teachers with Permanent Appointment under RA 4670PROVIDING FOR THE PROFESSIONALIZATION OFTEACHERS, REGULATING THEIR PRACTICE IN THEPHILIPPINES AND FOR OTHER PURPOSES

WHEREAS, the Constitution provides that "Alleducational institutions shall be under the supervisionof; and subject to regulation by, the State", and requiresthat "the State shall establish and maintain a complete,adequate and integrated system of education relevant to the goals of national development";

WHEREAS, in the pursuit on these objectives, theDepartment of Education and Culture has adopted

waysand means of overseeing all the educational

institutionsin the country;

WHEREAS, this supervisory function of the DEC hasbeen primarily beamed towards insuring that theeducational institutions inculcate in the studentry

loveof the country, teach the duties of citizenship, anddevelop moral character, personal discipline, andscientific, technological and vocational efficiency;

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;

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.

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.

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:

(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.

(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 Commission3) Commissioner, Professional Regulations

Commission Members4) Two members representing the private sector

to be appointed by the President

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;

(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;

(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.

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;

(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

(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.

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.

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.

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.

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.

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.

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;

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.

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.

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.

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.