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Disciplining Actions Against the Department teaching and Non

Teaching Personnel

Q.

Who are the disciplining authorities in DepEd?

A.
the disciplining authorities in the Department of Education shall be the
secretary and
the Regional directors in their respective regions. The Division
Superintendent of Schools shall
be the disciplining authorities for administrative action against non
teaching personnel in their
respective school divisions.
Q.

Supposing the parent Teachers Associations (PTA) filed before the


office of Dr.S the Division superintendent of the Province of X a
complaint for dishonesty against Mr. T, a public school teacher of Y
East Elementary School. Acting on said complaint Superintendent S
issues an order directingMr. A the Administrative Officer of the
Division Office to conduct a fact-finding investigation on the said
complaint. Is the order proper? Why or Why not?

A.

No, because the disciplining authority in the Department of Education for


administrative actions against public school teacher is the Regional Director
concerned and not the Division Superintendent.

Q.

supposing the complaint of dishonesty was filed against the public


school principal, would the answer in the above - mentioned
problem be the same?

A.

Yes, the answer would still be the same because the term teacher under
Section 1 Rule 1 of the Rules and Regulations For the Implementation of the
Magna Carta for public School Teachers includes a school principal.

Q.

Supposing Dr. R the regional Director of Caraga issued an Order


directing Superintendent S or his/her representative to conduct a
fact-finding investigation on the complaint of the PTA. On the basis
of the said order, Superintendent S in turn issues an order directing
Mr. A the administrative Officer to conduct a fact-finding
investigation on the said complaint, is the order of Superintendent S
proper?

A.

yes, because the order of Superintendent S is in compliance with valid order


of Director R, who is the disciplining authority over public school teachers.

Q.

Can the Secretary of Education take action on the said complaint?


Why or why not?

A.

yes, because he has jurisdiction over complaint against all personnel of the
Department of Education. The secretary and the Regional Director have
concurrent jurisdiction over administrative complaint against all teaching
personnel in the regions and against non-teaching personnel in the Office of
Regional Director.

Q.

Can the Ombudsman act on administrative complaints against public


school teachers? Why/

A.

yes, because the authority of the office of the Ombudsman to conduct


administrative investigation is beyond cavil.
Supposing on October 5, 2008. Mr. C filed before the Office of the
ombudsman an administrative complaint for grave misconduct
against Mr. P the principal of X National High School. Can the Office
of the Ombudsman act on said administrative complaint?

Q.

A.

yes, the office of the ombudsman has the authority to act on all
administrative complaints

Q.

Is a Grievance Committee allowed to hear and decide administrative


disciplinary cases?

A.

No, because a grievance committee is not a disciplining authority and also


grievance committee prohibits from hearing and deciding administrative
disciplinary cases.

Q.

Supposing Ms. M filed a complaint for disgraceful and immoral


conduct against Mr. T, a public school teacher of X High School Mr. P.,
the principal of said school convened the School Grievance
Committee composed of Mr. P. Mr. F, the president of the faculty club
of said school and Mrs.S a teacher who is acceptable to both Ms. M
and Mr. T After hearing Ms. M and Mr. T, the school Grievance
Committee renders a judgement finding Mr. T guilty of disgraceful
and immoral conduct. Is the judgement valid?

A.

the judgement is not valid because the grievance committee is not


disciplining authority and is not allowed to hear and decide administrative
disciplinary cases.

Q.

supposing the Secretary of education read in the newspaper that a


grade VI pupil of a public school was sexually molested by his
teacher Mr. T without any complaint filed against Mr. T the Secretary
issued an order directing Atty. M to conduct a fact-finding
investigation on the alleged sexual molestation of the said pupil.
After the investigation, Atty M recommended that Mr. T be placed
under preventive suspension of 90 calendar days. Finding said
recommendation to be in order, the secretary issues a formal charge
against Mr. T and issues an Order for a fact-finding investigation

Valid? Is the formal Charge valid? Is the order of PREVENTIVE


Suspension Valid? Why or Why not?
A.

The order for a fact finding investigation, the formal Charge and the Order of
Preventive Suspension are valid even without a private complaint because
under section 3 of the Revised Rules of Procedure administrative proceedings
may be commenced motuproprio by the Secretary of Education and by the
other disciplining authority

Q.

May a Regional Director commence an administrative proceedings


motuproprio even without a complaint against DepEd employees of
his regional office and against teaching personnel in his region?

A.

Yes, administrative proceedings may be commenced motuproprio by the


Regional Director against DepEd employee of his Regional office and against
teaching personnel in his region

Q.

what shall be the form of the complaint?

A.

A complaint shall be made under oath and shall be written in a clear, simple,
and concise language so as to inform the person complained of, about the
nature and cause of accusation against him to enable to intelligently prepare
his defense or answer.
supposing Mr.F the father of P a Grade VI pupil of a public
elementary school in Pampanga , filed a complaint for grave
misconduct against Mr. T, a teacher of P. Finding the complaint not
under oath and not written in clear , simple and concise language,
Dr. RD, the Regional Director of Region III issued an Order dismissing
the complaint. Is the Order proper?

Q.

A.

yes, the order is proper because under section 4 of the Revised Rules of
Procedures, it is required that the complaint shall be under oath and shall be
written in clear, simple and concise language so as to inform the person
complained of about the nature and cause of accusation against him to
enable him to intelligently prepare his defense or answer.

Q.

supposing Mr. P the principal of a public secondary school in


Pampanga filed a complaint for insubordination against Mr. T a
teacher in said school. The complaint did not contain a certification
on non forum shopping. Findng that said complaint did not contain
said certification, Dr.RD , the Regional Director of Region III issues
an order dismissing the complaint. Is the Order valid? Why or why
not?

A.

YES, BECAUSE Mr. P failed to comply with section 5 of th Revised Rules of


Procedures which requires among others that a complaint shall contain a
certification in order to prevent the multiple filing of petitions involving the
same issues in other tribunals or agencies as a form of forum shopping.

Q.

When and where may a complaint be filed?

A.

sworn and written administrative complaint may be filed at any time with the
School Superintendent concerned for cases against non-teaching personnel in
their respective divisions or with the Regional Director concerned for cases
against teachers and against their personnel at their respective regional
offices or at the Legal Division of the Central Office for cases against
Presidential Appointees and employee at the central office.

Q.

supposing Mr.A files a complaint against Mr. T, a public school


teacher, for lending money at usurious rate of interest. What should
the Regional Director do with the complaint?

A.

It is submitted that the Regional Director should dismiss outright the


complaint for being without merit since the law on usury has been already
been repealed

Q.

supposing Mr. P, the principal of a public secondary school, filed a


complaint for insubordination against Mr. T, a public school teacher
of said school. Said complaint is not under oath and the narration of
facts in said complaint does not show the acts allegedly committed
by the person complained of. Furthermore the complaint does ot
contain a certification or statement on non-forum shopping. What
shall the Regional Director do with the complaint?

A.

The Regional Director as the disciplining authority, shall dismiss the


complaint since the same is not in accordance with the required form/or it
does not comply the required content of a complaint

Q.

What shall
complaint?

A.

no action shall be taken on an anonymous complaint unless the Disciplining


Authority decides to adopt the same and file it motuproprio.

Q.

when shall the designated investigation commence the fact-finding


investigation?

A.

Within 5 days from receipt of the appointment of an officers of the


Department of Education as investigator the latter shall commence the factfinding investigation or preliminary investigation

Q.

How shall the designated investigator commence the fact-finding


investigation or preliminary investigation?

A.

By issuing an order requiring the person complained of to submit within three


days from receipt of the said Order together with a copy of the complaint and
the supporting documents thereof a Counter affidavit/Comment under oath

the

Disciplining

Authority

do

with an

anonymous

and the affidavits of the witnesses of the person complained of with


supporting documents, if any.
Q.

what shall be the effect if the person complained of shall fail to


submit his Counter-Affidavit?

A.

Failure of the person complained of to submit his Counter Affidavit shall be


considered as a waiver thereof

Q.

What is the duration for the conduct of fact-finding investigation or


preliminary investigation?

A.

A fact-finding investigation or preliminary investigation shall commence not


later than 5 days from receipt by the investigators of the Order of the
Disciplining authority appointing him/them as investigators and shall be
terminated within thirty (30) days thereafter

Q.

what should the investigation Report contain?

A.

It should contain the findings and recommendations of the investigators

Q.

If a prima facie case is established during the investigation what


shall the Disciplining Authority issue?

A.

If a prima facie case is established during the investigation the Disciplining


Authority shall issue a formal charge

Q.

What does prima facie case mean?

A.

A prima facie case shall mean that there is reasonable ground to believe that
the respondent is probably guilty of the charge against him nd should be
investigated accordingly

Q.

What is a Formal Charge?

A.

The formal charge shall contain a specification of charge, a brief statement of


material or relevant facts accompanied by certified true copies of
documentary evidence. If any, sworn statement covering the testimony of
witnesses, if any, a directive to answer under oath the charge in writing in not
less than seventy-two hours from receipt thereof, an advice for the
respondent to indicate in his answer whether or not he elects a formal
investigation of the charge and a notice that he is entitled to be assisted by a
counsel of his choice

Q.

Supposing the Division Superintendent of Tarlac issues a Formal


Charge against a teacher of a public secondary school in Tarlac for
disgraceful and immoral conduct. Is the Formal Charge valid?

A.

No, because the Disciplining Authority over administrative complaint/cases


against public school teachers is the Regional Director concerned and not the
Division Superintendent

Q.

SUPPOSING THE Secretary of Education issues a formal charge


against a public school teacher for disgraceful and immoral conduct.
Is the formal charge valid?

A.

Yes, because the Secretary can take cognizance of any complaint or


administrative case filed before any office of the Department of Education

Q.

shall the respondent be given the opportunity to submit additional


evidence if he has already submitted his comment under oath or
counter-affidavit during the Fact-finding Investigation or preliminary
Investigation?

A.

If the respondent has already submitted his comment under oath or CounterAffidavit during the Fact Finding Investigation or preliminary investigation, he
shall be given the opportunity to submit additional evidence.

Q.

When may a preventive suspension be issued?

A.

Upon motion of the complainant or motuproprio, the proper Disciplining


Authority may issue an order of Preventive Suspension upon issuance of the
Formal Charge immediately thereafter to any subordinate officer or employee
under his authority pending an investigation. If the charges involve:
a. dishonesty
b. oppression
c. Grave Misconduct
d. Neglect in the Performance of Duty or
e. If there are reasons to believe that the respondent is guilty of
charges which would warrant his removal from the service

Q.

Supposing Superintendent S issued an order appointing N, the son


of her brother, to work at the Division office as Accountant Mr. A, the
Administrative Officer of the Division Office, filed a complaint
against Superintendent S for Nepotism. After a Fact-finding
investigation on said complaint, the secretary of Education issued a
formal charge and an order of Preventive Suspension for 90 calendar
days. Superintendent S filed a motion for reconsideration asking the
secretary to set aside the Order of Preventive Suspension since the
charge does not involve any of the charges mentioned in section 15

of the Revised Rules of Procedures. The secretary issued an order


denying the Motion for Reconsideration. Is the order proper?
A.

YES, the order is proper for the following reasons:


1. The charge of nepotism may be considered as one of the charge falling
under section 15 since the penalty for nepotism is dismissal from the
service
2. Nepotism may be considered a grave misconduct
3. Even if the charge is not one of those mentioned in section 15
nonetheless, under Section 16 of the Revised Rules of Procedure, an order
of Preventive Suspension may also ebe issued by the Disciplining
Authority to temporarily remove the respondent from the scene of his
misfeasance or malfeasance and to preclude the possibility of exerting
undue influence or pressure on the witnesses against him or tampering of
documentary evidence on file with his office

Q.

Supposing a public school teacher is formally charged by the


Regional Director for discourtesy in the course of official duties. The
Regional Director also issues an order of Preventive suspension for
90 calendar days against the public school teacher. Does the
Regional Director commit a grave abuse of discretion in issuing said
order of Preventive Suspension?

A.

Yes, because the Order is without legal basis since the


respondent does not involve any of those charges mentioned
the Revised Rules of Procedure and because there is no
preventive suspension. Even assuming that respondent will
for discourtesy in the course of official duty, the penalty for
only reprimand.

charge against
in section 15 of
reason for the
be found liable
such offense is

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