6.1 Republic Act 7836 & RA 9293

6.1 Republic Act 7836 & RA 9293: The Legal Framework of Professional Teaching

In the Philippine educational system, teaching is officially recognized not merely as a vocation or occupation, but as a regulated profession. The foundational legal architecture governing teacher regulation, professionalization, licensure, and practice is embodied in Republic Act No. 7836 (the Philippine Teachers Professionalization Act of 1994) and its subsequent landmark amendment, Republic Act No. 9293 (enacted in 2004). Understanding these statutes is vital for every aspiring educator taking the Licensure Examination for Teachers (LET), as legal foundations constitute a significant portion of the Professional Education component.

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Historical Context: From PD 1006 to RA 7836

Prior to 1994, teacher regulation in the Philippines was governed by Presidential Decree No. 1006 (the Decree Professionalizing Teaching), promulgated by President Ferdinand Marcos in 1977. Under PD 1006, teacher examinations were jointly administered by the Civil Service Commission (CSC) and the Department of Education, Culture and Sports (DECS). Passing the examination conferred civil service eligibility for teaching.

Recognizing the need to elevate teaching standards to match other regulated professions (such as medicine, engineering, and law), Congress enacted RA 7836 on December 16, 1994 under President Fidel V. Ramos. This statute transferred the supervision and regulation of the teaching profession to the Professional Regulation Commission (PRC) and established a specialized regulatory body dedicated exclusively to teachers.

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Board for Professional Teachers (BPT)

Under Section 5 of RA 7836, the Board for Professional Teachers (BPT) was created under the administrative supervision and control of the PRC. The BPT is the official body responsible for promulgating policies, conducting licensure examinations, and enforcing ethical and professional standards among teachers nationwide.

Composition of the Board

• The Board consists of five (5) members appointed by the President of the Philippines from among recommendees chosen by the PRC.
• Recommendees come from nominees selected by the accredited association of teachers who meet Section 8 qualifications.
• The President appoints the Chairman and Vice-Chairman from these five members.
• Membership must be evenly distributed across education levels and fields of specialization.

Qualifications of BPT Members (Section 8)

To qualify for appointment to the Board, a candidate must:

1. Be a citizen and resident of the Philippines (the statute does not require natural-born citizenship).
2. Be at least thirty-five (35) years of age, of proven integrity and high moral values, and not convicted of an offense involving moral turpitude.
3. Hold a Bachelor of Arts or Bachelor of Science in Education (or equivalent) from a government-recognized institution, and preferably a master's or doctorate in education or their equivalents.
4. Be a professional teacher with a valid certificate of registration and professional license (except members of the first Board).
5. Have been a professional teacher in active practice for at least ten (10) years at the elementary and secondary level.
6. Not be an official or faculty member of, nor have a pecuniary interest in, any institution conferring a bachelor's degree in education or its equivalent for at least three (3) years prior to appointment, and not be connected with any LET review center or review association.

Appointment and Term of Office

• The President appoints Board members from Commission recommendees drawn from nominees of the accredited teachers' association.
• The President appoints the Chairman and Vice-Chairman from among the five members.
• Membership must be evenly distributed across education levels and fields of specialization.
• Members serve a term of three (3) years and may be reappointed, but no person may serve for more than six (6) consecutive years.

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The Licensure Examination for Teachers (LET)

RA 7836 mandates that no person shall engage in teaching or act as a professional teacher in any public or private elementary or secondary school without first obtaining a Certificate of Registration and a Professional Identification Card from the PRC.

Scope and Structure of the Examination

Passing Criteria (Board Rating Policy)

RA 7836 authorizes the Board and Commission to administer and rate the examination. Under the long-standing rating policy of the Board for Professional Teachers, an examinee must achieve:

• A General Weighted Average (GWA) of at least 75%, AND
• No rating below 50% in any of the individual examination components (General Education, Professional Education, or Specialization, when applicable).

If a candidate obtains a GWA of 75% or higher but receives a score below 50% in one subject area, the candidate fails the examination and must retake the entire examination.

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Key Amendments Introduced by RA 9293 (2004)

On April 21, 2004, President Gloria Macapagal-Arroyo signed Republic Act No. 9293, which amended Sections 15, 26, and 31 of RA 7836 to resolve practical challenges in teacher recruitment, qualification, and professional practice.

1. Educational Qualification Requirements (Section 15)

RA 9293 clarified the academic requirements for LET applicants:

• For Elementary School Teachers: Bachelor of Elementary Education (BEEd) degree or its equivalent.
• For Secondary School Teachers: Bachelor of Secondary Education (BSEd) degree or its equivalent, or a Bachelor's degree in Arts or Sciences plus at least 18 units in Professional Education.
• For Early Childhood & Pre-School Teachers: Bachelor's degree in Early Childhood Education (BECED) or equivalent.
• For Vocational & Technical Teachers: Bachelor's degree in the field of specialization or equivalent plus at least 18 units in Professional Education.

2. Temporary Permits for Para-Teachers (Section 26, as amended by RA 9293)

To address critical teacher shortages in remote, isolated, or underserved areas, RA 9293 allows failed examinees to serve as para-teachers:

• Examinees who failed the LET but obtained a rating not lower than five percentage points from the passing general average (typically 70% to 74% when the passing average is 75%) are eligible as para-teachers.
• The Board may issue a two-year special permit, renewable once for a non-extendible additional period of two (2) years.
• Para-teachers are assigned only to areas with a shortage or absence of professional teachers as identified by DepEd (and ARMM education authorities where applicable).
• The special permit must indicate the area of assignment.

3. Mandatory Refresher Course Rule (Section 26, as amended by RA 9293)

Professional teachers who have not practiced their profession for the past five (5) years must complete at least twelve (12) units of education courses—consisting of at least six (6) units of pedagogy and six (6) units of content courses (or equivalent training hours from Board/DepEd-listed offerings)—before they may resume practice.

4. Registration Without Examination Exemption

RA 9293 exempted highly specialized personnel—such as renowned experts, artists, musicians, or traditional craft masters—from taking the LET when employed to teach specialized subjects on a part-time basis, subject to BPT evaluation and guidelines.

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Comparison: PD 1006 vs. RA 7836 vs. RA 9293

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Revocation, Suspension, and Administrative Penalties

Under Section 23 of RA 7836, the Board for Professional Teachers possesses quasi-judicial power to revoke or suspend a teacher's Certificate of Registration and Professional Identification Card after due notice and hearing.

Grounds for Revocation or Suspension (Section 23)

1. Conviction for any criminal offense by a court of competent jurisdiction.
2. Immoral, unprofessional, or dishonorable conduct.
3. Declaration by a court of competent jurisdiction that the registrant is mentally unsound or insane.
4. Malpractice, gross incompetence, gross negligence, or serious ignorance of the practice of teaching.
5. Use or perpetration of any fraud or deceit in obtaining a certificate of registration, professional license, or special/temporary permit.
6. Chronic inebriety or habitual use of drugs.
7. Violation of RA 7836, Board/Commission rules and policies, or the Code of Ethics for Professional Teachers.
8. Unjustified or willful failure to comply with continuing professional requirements as provided by the Board.

Penal Provisions (Section 28)

Any person practicing the teaching profession without a valid certificate of registration and professional license, or committing related offenses listed in Section 28 (including fraud, impersonation, or use of a revoked certificate), shall be penalized with a fine of not less than Five Thousand Pesos (₱5,000.00) nor more than Twenty Thousand Pesos (₱20,000.00), or imprisonment of six (6) months to five (5) years, or both, at the discretion of the court.