[Filipino Librarian] Unlicensed Librarians and R.A. 9246

[vonjobi]

A discussion on the violation of certain provisions of Republic Act No. 9246 (or R.A. 9246), specifically the continued employment of unlicensed librarians in the Philippines, is now on its third week at the Filipino Librarians Googlegroup (1 2 3 4). Some have suggested that there are certain situations where violating the law is justified, but the appointment of non-librarians to head a library, despite the presence of qualified, licensed librarians, is indefensible. And then there are the unlicensed librarians who have been "OICs," supposedly a temporary designation, for almost two decades.

It is not clear, however, whether those who have been suggested as the individuals or groups who can do something about the concerns raised are reading these emails. But it is also important to remember that it is not just somebody else's responsibility to make sure the law is followed; it is also our responsibility. Why do I say this? Zarah Gagatiga has already pointed out that, "The librarian MUST have a license. The employer MUST hire a licensed librarian." But what if they DON'T? Do we just wait for the powers-that-be to put things right? Below are the relevant sections of R.A. 9246 and my comments, followed by suggestions on what licensed librarians can do to uphold the law:

SECTION 26. Illegal Practice of Librarianship. – A person who does not have a valid Certificate of Registration and Professional Identification Card or a temporary/ special permit from the Commission shall not practice or offer to practice librarianship in the Philippines or assume any position, which involve performing the function of a librarian as provided under Section 5 of this Act.

The "person" referred to in Section 26 is, in essence, someone who is working as a librarian illegally. Note, too, that there are no exceptions granted for certain kinds of librarians (e.g., special librarians). Everyone working as a librarian in the Philippines is covered by this law. The only exceptions, I suppose, are those whose employers are not covered by Philippine laws, like some international agencies.

SECTION 31. Employment of Librarians. – Only qualified and licensed librarians shall be employed as librarians in all government libraries. Local government units shall be given a period of three (3) years from the approval of this Act to comply with this provision.

The emphasis in Section 31 on government libraries does not imply that the law applies only to librarians working for the government. All this is means is that the government, as the single, largest employer of librarians, was singled out for special attention.

SECTION 32. Penal Provisions. – Any person who practices or offers to practice any function of a librarian as provided for under Section 5 of this Act who is not registered and has not been issued by the Commission a Certificate of Registration and Professional Identification Card, or a temporary license/permit or who violates any of the provisions of this Act, its Implementing Rules and Regulations, shall, upon conviction , be penalized by a fine of not less that Thirty thousand pesos (P100,000.00), or imprisonment of not less than one (1) month nor more than three (3) years at the discretion of the court.

The most important phrase here is, to me, "upon conviction." Thus, a case has to be filed against the librarian. But I do wonder why the employer goes unpunished. Shouldn't the employer be liable as well? Note, however, that Section 32 is one of the sections that clearly shows that those who drafted R.A. 9246 were not as careful as they should have been. What exactly did they mean by "not less that Thirty thousand pesos (P100,000.00)"?

There are, of course, certain realities that must be acknowledged, such as the fact that no one is really enforcing the law. Academic and school librarians are in a better position because accrediting agencies mark down universities and schools for non-compliance with the law, but all other kinds of libraries, including the public libraries funded by local governments, can ignore R.A. 9246 if they so desire. Have cases been filed against unlicensed librarians? Have any been convicted? If so, please let me know.

The following are my suggestions for those who wish to see R.A. 9246 implemented properly:

1. Verify whether someone working as a librarian is licensed or unlicensed. The Board for Librarians, the National Library, the Civil Service Commission, and the Philippine Librarians Association are supposed to have "up-to-date, complete and properly organized" lists of all licensed librarians in the Philippines.
2. Write a letter to the person, with copies to the person's employer, the Board for Librarians and the Philippine Librarians Association (and, if applicable, the National Library and/or the Civil Service Commission), indicating all the pertinent details and exactly how the provisions of R.A. 9246 have been violated, pointing out that the person's continued employment is punishable by law. Make sure you keep copies of all correspondence, and ask recipients to sign for any letters you give them.
3. If your letters are ignored or you are discriminated against or fired (because the person was your boss, for instance), file a case against the person at all appropriate agencies.
4. If filing a case, or even writing letters to the person or agencies concerned, is not an option, send letters to local and national newspapers laying out how the law is being violated. While this may be done anonymously, it is perhaps best that you identify yourself.

All these are, of course, easier said than done. But all we really need is one, high-profile case, preferably involving a well-known employer, that can then be used to show others who are violating the law that librarians are serious about policing their ranks.

--
Posted By vonjobi to Filipino Librarian at 2/02/2010 10:07:00 AM

[Vhic Gilos]

Fellow Librarians,

     Just a thought...  While contemplating on RA 9246 and at the same time preparing for CICT iSchool roll-out wherein I will be teaching non-librarians acting as librarians in public secondary schools the ways of a librarian,  a thought occurred to me that instead of discouraging, I will be encouraging them to continue acting as librarians even if it is against the law. The same way that other SUC librarians did in their localities.

     If you disagree with me, I'd like to hear your point of views regarding the help I will be extending to teachers acting as librarians. Thank you.

--
You received this message because you are subscribed to the Google Groups "Filipino Librarians" group.
To post to this group, send email to filipinol...@googlegroups.com.
To unsubscribe from this group, send email to filipinolibrari...@googlegroups.com.
For more options, visit this group at http://groups.google.com/group/filipinolibrarians?hl=en.

[zarah gagatiga]

this can work for now. however, these non-librarians practicing the art and science of library and information science SHOULD be given a condition that at some period of time, they MUST have earned their license. 

to amplify, an employer of a non-licensed librarian may sit down with him/her to discuss plans and actions on how he/she can take MA classes in library and info science for, say, two years. after that, a year to earn a license. this can be an agreement between the employer and the non-licensed librarian. it would be good if this is put in writing -- a black and white document that serves as a contract as well. if the non-licensed librarian fail to do so, then the employer can do its part to hire a licensed librarian or follow what policy it has for such cases.

just my two-cents worth.

this situation may happen in private institutions but i do not know how things are in government practice.

--
-z-
http://lovealibrarian.blogspot.com
http://sumatrawoman.blogspot.com

[Fe Angela Verzosa]

Teacher-librarians are primarily certified teaching professionals who
are assigned concurrently as librarians in schools where they teach.
In majority of cases, public school teachers are assigned to man the
libraries in the absence of interested qualified librarian-applicants.
In essence, they do missionary work by accepting such library work
assignments. Instead of adding more pressures to their already
insecure and ambivalent positions, it would be better if their
employing institutions will provide the much-needed incentives to
provide them ample opportunities for specialized training in
librarianship, such as time-off and financial support to participate
in seminars, conferences, forums, and training-workshops that will add
stock knowledge and teach them how to do things right.

What will do more justice to these teacher-librarians is the timely
implementation of the law upgrading their salaries, following DECS
order no 6 of 1998, on guidelines on the implementation of school
library policies and programs, to quote "a teacher librarian, (as an
incentive,) will be one salary grade higher than other faculty
members."

--
Fe Angela M. Verzosa
Email: fe.ve...@dlsu.edu.ph
Mobile 09196048060

[Trisha Plaga]

yes, I agree that for the meantime give this unlicensed librarians ample time to take units or pursue their MA in library science. But, what I am referring here is in the case of a private school, with existing licensed librarians and was appointed to head the library but because the licensed librarian doesn't know how to play politics in that institution, (don't know how to make "sip-sip" he was releived and replaced by a teacher. With the approval of the school management they appointed an English teacher to head the library without consulting the incumbent librarian of the new set up. This teacher admitted that he had no experience or background in library science but he recognized the role of the librarians. He was dynamic and open to suggestions. He was very supportive to the librarians and encouraged them to attend different library functions. The library also had a lot of accomplishments during his term because both he and the librarians are cooperative with each other.

However, after four years of being the “head librarian” the teacher was relieved by the managemetn an appointed his “favourite man” (an unlicensed teacher) to head the library. The librarians feel offended and want to stop this malpractice since it shows lack of respect to the profession. The “new head” is nothing but a figure head in the library because he shows no interest at all in the library work. He just sits in his air conditioned office doing his lesson plans (he was allowed to teach religion subjects), correcting papers, etc. He has no managerial ability to run the library as a potent force in promoting the educational goals of the school.

As “figure head” of the library, he just gives in to the demand of his superior like stopping periodical subscriptions, not obtaining new books, computers and other important materials for the library. He just blindly follows the demand of his superior to remain in good graces lest he will go back to his former job as teacher assistant. He is not approachable; he seldom smiles to students and teachers.

If you have this kind of person in your library and being a librarian, are you not ashame of yourself if you allow this thing to happen. As I've said before, I will not oppose to the idea that unlicense librarian handle the library tasks because they have finished the course of library science. But, unlicensed teacher to be the "head of the library", I think this is not fair anymore. I heard that that the librarians of this institution have already sent letter to BFL but until now no action has been done. I hope we could inform our colleagues in the profession to rally behind this malpractice. 

 

2010/2/3 zarah gagatiga <zarah.g...@gmail.com>

[Myrna C. Halim]

Quoting vonjobi <von.t...@gmail.com>:

Thanks for the very good enlightenment. Hope those who reached their stars
would not brag on it. Just knew about her employment status, that demoralized
me plus the showing off her pride that Librarians hould prove first their worth.
That was why I reacted. Good to read your email. I was relieved of the shame
thrown to librarians who are trying hard to obtain their licenses to stay on the
job in adherence to the l. Obtaining license is a very best proof of worth, the
functions, accountabilities, and responsibilities inherent to the position
follow.

Again, thank you for the enlightenment and expalanation.

> Act.The "person" referred to in Section 26 is, in essence, someone who

> is working as a librarian illegally. Note, too, that there are no
> exceptions granted for certain kinds of librarians (e.g., special
> librarians). Everyone working as a librarian in the Philippines is
> covered by this law. The only exceptions, I suppose, are those whose
> employers are not covered by Philippine laws, like some international

> agencies.SECTION 31. Employment of Librarians. � Only qualified and

> licensed librarians shall be employed as librarians in all government
> libraries. Local government units shall be given a period of three (3)
> years from the approval of this Act to comply with this provision.The
> emphasis in Section 31 on government libraries does not imply that the
> law applies only to librarians working for the government. All this is
> means is that the government, as the single, largest employer of

> librarians, was singled out for special attention.SECTION 32. Penal

> Provisions. � Any person who practices or offers to practice any
> function of a librarian as provided for under Section 5 of this Act who
> is not registered and has not been issued by the Commission a
> Certificate of Registration and Professional Identification Card, or a
> temporary license/permit or who violates any of the provisions of this
> Act, its Implementing Rules and Regulations, shall, upon conviction ,
> be penalized by a fine of not less that Thirty thousand pesos
> (P100,000.00), or imprisonment of not less than one (1) month nor more

> than three (3) years at the discretion of the court.The most important

> phrase here is, to me, "upon conviction." Thus, a case has to be filed
> against the librarian. But I do wonder why the employer goes
> unpunished. Shouldn't the employer be liable as well? Note, however,
> that Section 32 is one of the sections that clearly shows that those
> who drafted R.A. 9246 were not as careful as they should have been.
> What exactly did they mean by "not less that Thirty thousand pesos
> (P100,000.00)"?
>
> There are, of course, certain realities that must be acknowledged, such
> as the fact that no one is really enforcing the law. Academic and
> school librarians are in a better position because accrediting agencies
> mark down universities and schools for non-compliance with the law, but
> all other kinds of libraries, including the public libraries funded by
> local governments, can ignore R.A. 9246 if they so desire. Have cases
> been filed against unlicensed librarians? Have any been convicted? If
> so, please let me know.
>
> The following are my suggestions for those who wish to see R.A. 9246
> implemented properly:

> - Verify whether someone working as a librarian is licensed or

> unlicensed. The Board for Librarians, the National Library, the Civil
> Service Commission, and the Philippine Librarians Association are
> supposed to have "up-to-date, complete and properly organized" lists of
> all licensed librarians in the Philippines.

> - Write a letter to the person, with copies to the person's employer,

> the Board for Librarians and the Philippine Librarians Association
> (and, if applicable, the National Library and/or the Civil Service
> Commission), indicating all the pertinent details and exactly how the
> provisions of R.A. 9246 have been violated, pointing out that the
> person's continued employment is punishable by law. Make sure you keep
> copies of all correspondence, and ask recipients to sign for any
> letters you give them.

> - If your letters are ignored or you are discriminated against or fired

> (because the person was your boss, for instance), file a case against
> the person at all appropriate agencies.

> - If filing a case, or even writing letters to the person or agencies

> concerned, is not an option, send letters to local and national
> newspapers laying out how the law is being violated. While this may be
> done anonymously, it is perhaps best that you identify yourself.All
> these are, of course, easier said than done. But all we really need is
> one, high-profile case, preferably involving a well-known employer,
> that can then be used to show others who are violating the law that
> librarians are serious about policing their ranks.
>
>
> --
> Posted By vonjobi to Filipino Librarian at 2/02/2010 10:07:00 AM
>

> --
> You received this message because you are subscribed to the Google Groups
> "Filipino Librarians" group.
> To post to this group, send email to filipinol...@googlegroups.com.
> To unsubscribe from this group, send email to
> filipinolibrari...@googlegroups.com.
> For more options, visit this group at
> http://groups.google.com/group/filipinolibrarians?hl=en.
>
>

_________________________________________
Mindanao State University - Iligan Campus
Visit us at http://www.msuiit.edu.ph.