REVISED RULES OF PROCEDURE OF THE DEPARTMENT OF EDUCATION IN ADMINISTRATIVE CASES Disciplining Authority *The disciplining authorities in the Department

of Education shall be the Secretary and the Regional Directors in their respective regions. Disciplining Authority For Disciplin ry or A!"inistr ti#$ C s$s Ag inst% Superintendents of Schools Non-teaching personnel in their respective school divisions Secretary %fficers and Employees of the Department of Education at its (*Decisions of the Secretary of Education over administrative &entral %ffice cases against said residential !ppointees shall be sub"ect to residential !ppointees (!ssistant Superintendents# confirmation# disapproval or modification by the resident of the Superintendents# !ssistant 'ndersecretaries of Education$ hilippines.$

Grounds for Disciplinary Action (. Dishonesty ). %ppression *. Neglect of Duty +. ,isconduct -. Disgraceful and .mmoral &onduct /. 0eing notoriously undesirable 1. Discourtesy in the course of official duties 2. .nefficiency and .ncompetency in the performance of official duties 3. Receiving for personal use of a fee# gift or other valuable thing in the course of official duties or in connection there4ith 4hen such fee# gift or other valuable thing is given by any person in the hope or e5pectation of receiving a favor or better treatment than that accorded other persons or committing acts punishable under anti-graft la4s. (6. &onviction of a crime involving moral turpitude. ((. .mproper or unauthori7ed solicitation of contributions from subordinate employees and by teachers or school officials from school children. (). 8iolation of e5isting &ivil Service 9a4 and Rules or reasonable office regulations (*. :alsification of official documents (+. :re;uent unauthori7ed absence or tardiness in reporting for duty# loafing or fre;uent unauthori7ed absences from duty during regular office hours. )3. romoting the sale of tic=ets in behalf of private enterprises that are not intended for charitable or public 4elfare purposes and even in the latter cases of there is no prior authority.

(-. (/. (1. (2. (3. )6. )(. )). )*. )+. )-. )/. )1. )2. *6. *(.

<abitual Drun=enness >ambling prohibited by la4 Refusal to perform official duty or render overtime service Dis;ualified# immoral or dishonest conduct prior to entering the service hysical or mental incapacity or disability due to immoral vicious habit 0orro4ing money by superior officers from subordinate or lending by subordinate to superior officers 9ending money at usurious rates of interest ?illful failure to pay "ust debts or 4illful failure to pay ta5es due the government &ontracting loans of money or other property from persons 4ith 4hom the office of the employees concerned has business relations ursuit of private-business# vocation or profession 4ithout the permission re;uired by the &ivil Service rules and regulations .nsubordination Engaging directly or indirectly in partisan political activities by one holding a non political office. &onduct pre"udicial to the best interest of the service 9obbying for personal interest or gain in legislative halls or offices 4ithout authority Nepotism as defined in Section -3# &hapter 2# Subtitle !# Title .# 0oo= 8 of E.%. No. )3) Se5ual <arassment as defined and penali7ed under &S& Resolution No. 6(-63+6.

*! >rievance &ommittee is not allo4ed to hear and decide administrative disciplinary cases. .f a complainant charges the respondent 4ith the commission of administrative offenses# the same shall be disposed of accordingly by the Disciplining !uthority. Procedure in Commencing Administrative Cases !dministrative proceedings may be commenced motu proprio by the Secretary of Education# A!"inistr ti#$ proc$$!ings " y &$ co""$nc$! &y% In c s$ o'% The Regional Director DepED officials and teaching and non-teaching personnel The Schools Division Superintendents Non-teaching personnel 4ithin their "urisdiction *Said proceedings may also be commenced upon s4orn 4ritten complaint of any other persons. Form of Complaint Shall be@ * 'nder %ath *?ritten in a clear# simple# and concise language Purpos$% To inform the person complained of about the nature and cause of accusation against him to enable him to intelligently prepare his defense or ans4er. Content of Complaint a$ :ull name and address of the complainant b$ :ull name and address of the person complained as 4ell as his position and office in the Department of Education c$ ! narration of the relevant and material facts 4hich should sho4 the acts or omissions as allegedly committed by the person d$ &ertified true copies of documentary evidence and affidavit of his 4itness if anyA and e$ &ertification or statement on non-forum shopping When and Where to File a Complaint *S4orn 4ritten administrative complaints may be filed at any time M y &$ 'il$! (ith) t% For c s$s g inst% The School Superintendents Non-teaching personnel in their respective divisions The Regional Directors Teachers and against their personnel at their respective regional offices The 9egal Division of the &entral %ffice residential !ppointees and employees at the &entral %ffice *Secretary of Education can ta=e cogni7ance of any complaint or administrative cases filed before any office of the Department of Education. Withdrawal of the Complaint *Does not result in its outright dismissal nor in the discharge of the person complained of from any administrative liability

*?here there is obvious truth or merit to the allegations in the complaint or 4here there is documentary evidence that 4ould tend to prove the guilt of the person complained of# the same should be given due course. Actions on the Complaint *The Disciplining !uthority concerned shall dismiss outright a complaint if@ %n its face# there is obviously no truth or merit to the allegations therein The same is not in accordance 4ith the re;uired form .t does not comply 4ith the re;uired content of a complaint *.f the complaint is sufficient in form and substance# the Disciplining !uthority shall give due course to the complaint by appointing 4ithin ten ((6$ days from receipt of the complaint an investigator(s$ 4ho shall conduct fact-finding investigation or preliminary investigation. *No action shall be ta=en on an anonymous complaint# unless the Disciplining !uthority decides to adopt the same and file it motu proprio. Fact-Finding Investigation or Preliminary Investigation *Shall commence not later than five (-$ days from receipt by the investigator(s$ of the %rder of the disciplining authority appointing him them as investigator(s$ and shall be terminated 4ithin thirty (*6$ days thereafter. The designated investigator(s$ shall commence the fact-finding investigation or preliminary investigation@ ?ithin five (-$ days from receipt of the appointment of an officer(s$ of the Department of Education as investigator(s$ issued by the disciplining authority concerned 0y issuing an %rder re;uiring the person complained of to submit 4ithin three (*$ days from the receipt of the said %rder Together 4ith@ (a$ a copy of the complaint and (b$ supporting documents thereof# (c$ a &ounter-!ffidavitB&omment under oath and (d$ the affidavits of the 4itnesses of the person complained of 4ith (e$ supporting documents# if any *:ailure of the person complained of to submit his &ounter-!ffidavit shall be considered as a 4aiver thereof. 'pon receipt of the &ounter-!ffidavit or &omment under oath# the investigator(s$ may summon the parties to a conference 4here the investigator(s$ may propound clarificatory ;uestions. The investigator(s$ may also intervie4 any possible 4itness. During any hearing conducted for clarificatory ;uestions# the investigator(s$ shall maintain minutes of the proceedings# 4hich shall include the clarificatory ;uestions propounded to the parties and their 4itnesses and the ans4ers given thereto. Said minutes 4hich shall be signed by the parties and their counsels# if any# shall form part of the records of the case. !fter the termination of the hearing(s$ for clarificatory ;uestions# the investigator(s$ shall ma=e an e5 parte e5amination of records and documents submitted by the complainant and by the person complained of as 4ell as the documents readily available from other government offices. .nvestigation Report C ?ithin five (-$ days from the termination of the preliminary investigation or fact-finding investigation# the investigator(s$ shall submit the complete records of the case to the Disciplining !uthority together 4ith hisBtheir investigation report 4hich should contain hisBtheir findings and recommendations. .f a prima facie case is established during the investigation# a formal charge shall be issued by the Disciplining !uthority. Formal Charge The :ormal &harge shall contain aBan@ Specification of charge(s$ 0rief Statement of ,aterial or Relevant :acts D &ertified true copies of Documentary Evidence# if any D S4orn Statements covering the testimony of 4itnesses# if any Directive to ans4er under oath the charge(s$ in 4riting in not less than seventy-t4o (1)$ hours from receipt thereof !dvice for the respondent to indicate in his ans4er 4hether or not he elects a formal investigation of the charge(s$ Notice that he is entitled to be assisted by a counsel of his choice Prohibited Pleadings *The Disciplining !uthority shall not entertain@ Dilatory re;uests for clarification 0ills of particulars or ,otions to suspend proceedings on account of pending court case in the absence of a temporary restraining order or in"unctive 4rit *.f any of these pleadings are interposed by respondent# the same shall be considered as an ans4er and shall be evaluated as such. Answer .n 4riting and under oath Specific &ontain material facts and applicable la4s# if any D Documentary Evidence D S4orn Statements covering testimonies of 4itnesses# if there be any# in support of his defense(s$ Statement indicating 4hether or not he elects a formal investigation Failure to File an Answer *.f the respondent fails or refuse to file his !ns4er to the :ormal &harge 4ithin five (-$ days from receipt thereof# he shall be considered to have 4aived his right thereto and the :ormal .nvestigation may commence. Preventive uspension *'pon motion of the complainant or ,otu roprio# the proper Disciplining !uthority may issue an %rder of reventive Suspension upon issuance of the :ormal &harge immediately thereafter to any subordinate officer or employee under his authority pending an investigation# if the charges involve@ Dishonesty Neglect in the erformance of Duty %ppression .f there are reasons to believe that the respondent is guilty of charges 4hich 4ould 4arrant his removal from the service >rave ,isconduct !eason for Preventive uspension *To temporarily remove the respondent from the scene of his misfeasance or malfeasance *To preclude the possibility of e5erting undue influence or pressure on the 4itnesses against him or tampering of documentary evidence on file 4ith his %ffice ubstitute for Preventive uspension *The proper disciplining authority or head of office may reassign respondent to other units of the agency during formal hearings. Duration of Preventive uspension *?hen the administrative case against an officer or employee under reventive Suspension is not finally decided by the disciplining authority 4ithin the period of ninety (36$ days after the date of the reventive Suspension# unless other4ise provided by special la4# he shall be automatically reinstated in the service# rovided that 4hen the delay in the disposition of the case is due to the fault# negligence or petition of the respondent# the period of delay should not be included in the counting of the ninety (36$ calendar day period of reventive Suspension. rovided further that should the respondent be on ,aternityB aternity 9eave# said reventive Suspension shall be deferred or interrupted until such time that said leave has been fully en"oyed. !emedies from the "rder of Preventive uspension

*The respondent may file a ,otion for Reconsideration 4ith the disciplining authority or may elevate the same to the &ivil Service &ommission by 4ay of an !ppeal 4ithin fifteen ((-$ days from receipt thereof. Formal Investigation *!lthough the respondent does not re;uest a :ormal .nvestigation# one shall nevertheless be conducted 4hen the allegations of the complaint and the !ns4er of the respondent# including the supporting documents of both parties# the merits of the case cannot be decided "udiciously 4ithout conducting such investigation. Creation of the Formal Investigation Committee *?ithin five (-$ days from receipt of respondentEs !ns4er# the Disciplining !uthority shall issue an %rder creating the :ormal .nvestigating &ommittee 4hich shall be composed of the follo4ing@ *h$n th$ r$spon!$nt is% For" l In#$stig ting Co""itt$$% ! teacher as defined in Section ) of Republic a$ The Schools Division Superintendent or hisBher duly authori7ed representative# 4ho must !ct. No. +/16# other4ise =no4n as the F,agna have at least the ran= of a Division Supervisor 4here the teacher belongs as chairman. &arta for ublic school teachersG b$ ! representative of the local# or in its absence any e5isting provincial or national teachers organi7ationA and c$ ! Supervisor of the Division the last t4o to be designated by the disciplining authority. !n !ssistant Schools Superintendent# Schools Superintendent# !ssistant Regional Director or Regional Director or !ssistant Secretary# or 'ndersecretary of the Department of Education a$ The Secretary of hisBher duly authori7ed representative 4ho must have a ran= e;ual to or higher than the ran= of the respondent# as &hairman. b$ The duly authori7ed representative of the hilippine ublic School TeacherEs !ssociation ( ST!$ as memberA and c$ !ny officer of the Department of Education 4ith a ran= e;ual to or higher than the ran= of the respondent as member.

*ho sh ll h #$ 'ull !iscr$tion on th$ co"position o' th$ For" l In#$stig ting Co""itt$$+ The Secretary The Disciplining !uthority concerned

*h$n th$ r$spon!$nt is% !n employee at the &entral %ffice of the Department of Education ! non-teaching personnel 4ho is not one of those mentioned above

Commencement and Duration of the Formal Investigation Shall be held not earlier than five (-$ days not later than ten ((6$ days from receipt of the %rder of the disciplining authority constituting the :ormal .nvestigation &ommittee Shall be finished 4hen thirty (*6$ days from receipt of said %rder by the :ormal .nvestigating &ommittee unless the period is e5tended by the disciplining authority in meritorious cases Pre-#earing Conference To appear# consider and agree on any of the follo4ing@ , Submission of the case resolution based on position papers memoranda of the parties 4ithout any need for further hearingsA &, Stipulation of :actsA c, Simplification of .ssuesA !, ?aiver of %b"ections to admissibility of evidenceA $, 9imiting the number of 4itnesses and their nameA ', Dates of subse;uent hearings# and g, Such other matters as may aid in the prompt and "ust resolution of the case Appearance of Parties *.t shall be the duty of the parties and their counsels# if any to appear at the re-<earing &onference. The non-appearance of a party may be e5cused only if a valid cause is sho4n therefore. $ffect of Failure to Appear during the Pre-#earing Conference *:ailure of any or both parties to appear at the scheduled re-hearing &onference is not necessarily a cause for the dismissal of the case. *! party 4ho appear may be allo4ed to present his evidence in the absence of the adverse party 4ho 4as duly notified of the re-<earing &onference@ ho4ever if the absent party is able to sho4 that there is a valid cause for his absence he shall be afforded the opportunity to cross-e5amine the 4itness(es$ presented during his absence. !ecord of the Pre-#earing Conference The proceedings in the re-<earing &onference shall be recorded. 'pon termination thereof the :ormal .nvestigating &ommittee shall issue an %rder 4hich shall recite in detail the matter ta=en up in the conference and the agreements or admissions made by the parties as to any of the matters considered. %on-&itigious in %ature of the Formal Investigation Proceedings *The conduct of the :ormal .nvestigation shall be non-litigious in nature. *Sub"ect to the re;uirements of due process in administrative cases# the technicalities of la4# procedure and evidence shall not strictly apply thereto. *The :ormal .nvestigation &ommittee may avail itself of all reasonable means to ascertain speedily the facts of the case. *The &ommittee shall ta=e full control of the proceedings 4ith proper regard to the right of the parties to due process and shall limit the presentation of evidence to matters relevant to the issue(s$ before the &ommittee necessary for a "ust and speedy disposition of the case. Continuous #earing 'ntil (erminated) Postponement The :ormal .nvestigating &ommittee shall set the case for continuous trial on the dates set by the &ommittee or as agreed upon during the re-<earing &onference. .n case of t4o ()$ successive un"ustified non-appearances of any party in the proceedings it shall be the option of the party 4ho is present to submit the case for resolution on the basis of the records of the case and the evidence so far presented. . Ade*uate (ime to Prepare Defense *.n scheduling the hearings the &ommittee shall ensure the respondent be given ade;uate time for the preparation of his defense. Affidavit of Witnesses %nly affidavits 4hich have been identified by the affiant shall be considered as evidence. The affidavit of any 4itness shall constitute his direct testimony sub"ect to 4ritten interrogatories to be submitted in advance by the proponent and to be ans4ered by the 4itness before the &ommittee.

Preliminary +atters *!t the start of the hearing the :ormal .nvestigating &ommittee shall@ &all the case# as= for the appearances of the parties roceed 4ith the reception of evidence for the complainant.

o .f the respondent appears 4ithout the aid of a counsel he shall be deemed to have 4aived his right thereto. *0efore ta=ing the testimony of a 4itness# the hearing officer shall@ lace him under oath Ta=e his name# address# civil status# age and place of employment.

Appearance of Counsel !ny counsel appearing before any hearing or investigation shall@ ,anifest orally or in 4riting his appearance as prosecutor of the case counsel for private complainant or counsel for respondent stating his full name .0 receipt and e5act address 4here he can be served 4ith notice and %ther pleadings o Any pleading or appearance of counsel without complying with the above stated re*uirements shall not be recogni,ed- <o4ever the parties may chose to represent themselves 4ithout the assistance of counsel.

"rder of #earing 'nless the &ommittee directs other4ise# the %rder of <earing be as follo4s@ rosecution or rivate &omplainant may present the 4itness 4hose affidavits or s4orn statement shall serve as their direct testimonies. These 4itnesses shall identify their affidavit and certify that they 4ere e5ecuted truthfully# voluntarily and 4ithout any promise of re4ard or threat of punishment. urpose of the testimony of the 4itness must be stated. *ritt$n int$rrog tori$s in li$u o' cross-$. "in tion C The adverse party shall ans4er the 4ritten interrogatories submitted in advance by the adverse party# 4hich shall ta=e the place of lengthy and time-consuming cross-e5amination. :ailure to ans4er said interrogatories may be a ground for the &ommittee to disregard or e5clude as evidence the affidavit of the 4itness sub"ect of the interrogatory. rosecution or private complainant has to present its succeeding 4itness applying the same order of e5amination mentioned above. rosecution or private complainant shall then ma=e an oral formal offer of its documentary evidences. The purpose for 4hich the evidences are offered must be specified and thereafter the adverse party may comment or ob"ect orally or in 4riting on prosecutionEs or private complainantEs evidences. The &ommittee shall issue an %rder in open court as to 4hether or not the &ommittee shall admit or re"ect the documentary evidences being offered. The respondent shall then present his evidence in support of his defense(s$ follo4ing the same order as in the presentation of prosecutionEs private complaintEs evidence.

+ar.ings !ll documentary evidence deemed shall be properly mar=ed by@ 9etter (!# 0# &. etc.$ if presented by prosecution or private complainant and ,embers ((# )# * etc.$ if presented by respondent during the preliminary conference or during the hearing(s$ conducted by the :ormal .nvestigation &ommittee. Issuance of ubpoena The &ommitteee may issue@ Subpoena !d Testificandum H to compel the attendance of 4itnesses and Subpoena Duces Tecum H for the production of documents or things. !ecords of Proceedings Records of the proceedings during the :ormal .nvestigation may be ta=en in shorthand or stenotype or made through other means of recording. Filing of +otion/ Petitions/ Appeals and "ther Pleadings !ny motion# petition# appeals and other pleadings# sent by registered mail shall be deemed filed on the date sho4n by the postmar= on the envelop 4hich shall be attached to the records of the case and in case of personal delivery the date stamped therein by the office concerned. $ffect of the Pendency of an Administrative Case endency of an !dministrative &ase shall not dis;ualify respondent for promotion or from claiming maternity benefits. %o Publicity during the pendency of an Administrative Case Against a (eacher No publicity shall be given to any administrative case against a teacher during the pendency of his case. Formal Investigation !eport *! report containing a narration of the material facts established during the investigation# the findings and the evidence supporting said findings# as 4ell as the recommendation Shall be submitted by the :ormal .nvestigation &ommittee 4ith the disciplining authority ?ithin fifteen ((-$ days after the conclusion of the :ormal .nvestigation Shall not be given to the parties and Shall serve only as a guide to the Disciplining !uthority# 4ho may or may not adopt the same entirely or partially. (he complete records of the case shall0 0e attached to the Report of .nvestigation 0e systematically and chronologically arranged paged and securely bound to prevent loss repare table of contents

Period to !ender Decision The disciplining authority shall render his Decision on the case 4ithin thirty (*6$ days from receipt of the report of .nvestigation.