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Revised Rules of Procedure of the

Department of Education in
Administrative Cases
(DepEd Order No. 49, s. 2006)
PRELIMINARY CONSIDERATIONS:
DISCIPLINING AUTHORITY

over Presidential Appointees


Secretary Employees in the Central Office

Regional over teachers and non-teaching


personnel in the Regional Office
Director

over non-teaching personnel in


SDS the school division

DEPARTMENT OF EDUCATION 2
ADMINISTRATIVE CASES INITIATED MOTU
PROPRIO by the Secretary, RD or SDS

FACT-FINDING
INVESTIGATION
FORMAL CHARGE
ordered by the
disciplining authority

FORMAL
DECISION
INVESTIGATION

DEPARTMENT OF EDUCATION 3
ADMINISTRATIVE CASE INITIATED BY ANY
OTHER PERSON

Preliminary
Investigation,
Sworn complaint
Require respondent Formal Charge
to submit counter-
affidavit

Decision
Formal Investigation

DEPARTMENT OF EDUCATION 4
COMPLAINT

under oath
FORM clear, simple and concise
contains the nature and cause of action

full name of the complainant


full name and address of the person
complained of, position in the Department
CONTENT relevant and material facts
certified true copies of documentary
evidence and affidavits
certification on non-forum shopping

DEPARTMENT OF EDUCATION 5
ACTIONS ON THE COMPLAINT

GIVE DUE
DISMISS
COURSE
if there is no if sufficient
truth or merit in form and
in the substance
allegations
therein

DEPARTMENT OF EDUCATION 6
FACT-FINDING INVESTIGATION or PRELIMINARY
INVESTIGATION

The Disciplining Authority


The investigator(s) shall
shall appoint and May summon parties to a
require the person
designate investigator(s) conference to propound
complained of to submit
who shall within 5 days clarificatory questions
comment/affidavit within 3
upon receipt of such and/or interview any
days from receipt of said
appointment commence possible witnesses
Order
the investigation

If a prima facie case is Investigators to make an


established, a formal charge
shall be issued by the Submit investigation ex parte examination of
Disciplining Authority report containing their records and documents
findings and submitted by both parties
recommendations and other documents
If no prima facie case is
established, the complaint is
readily available from
dismissed other government offices

DEPARTMENT OF EDUCATION 7
FORMAL INVESTIGATION
ANSWER
FORMAL CHARGE - shall be in writing and under
PREVENTIVE oath
SUSPENSION, IF - shall be specific and shall
, APPROPRIATE contain material facts and
applicable laws

FORMAL
Failure/refusal to file an
INVESTIGATION Answer within 5 days from
PRE-HEARING
CONFERENCE ( shall be held not earlier than 5 receipt of the Formal
days nor laater than 10 days Charge constitutes a waiver
from receipt of the Order of the thereto
Disciplining Authority

SUBMISSION OF FORMAL
INVESTIGATION REPORT
TO THE DISCIPLINING DECISION
AUTHORITY

DEPARTMENT OF EDUCATION 8
PREVENTIVE SUSPENSION
REMEDIES FROM
GROUNDS REASONS SUBSTITUTE DURATION THE ORDER OF
SUSPENSION
Dishonesty
To temporarily In lieu of Not to Respondent
Oppression remove the Preventive exceed 90 may file a
Grave respondent Suspension, Motion for
Misconduct from the
days, if the
the case is not Reconsidera
Neglect in scene of his
disciplining tion or
the misfeance or yet finally
malfeasance authority or disposed appeal the
Performance
of Duty; and to head of of, the same to the
preclude the office, may Civil Service
If there are reassign
employee
Commission
reasons to possibility of should be
believe that exerting respondent within fifteen
undue to other reinstated. (15) days
the
influence or units of the from receipt
respondent is pressure on
guilty of agency thereof.
the witness during the
charges against him or
which would formal
tampering of
warrant his documentary hearings.
removal from evidence on
the service. file with his
Office.

DEPARTMENT OF EDUCATION 9
COMPOSITION OF THE FORMAL
INVESTIGATING COMMITTEE

ASDS, SDS, ARD, NON-TEACHING


EMPLOYEE OF THE TEACHING PERSONNEL IN THE
RD, ASEC or CENTRAL OFFICE PERSONNEL REGION AND
USEC DIVISION OFFICES
The Secretary, or The Secretary shall The SDS or his/her The disciplining
his/her duly authorized have full discretion on duly authorized authority shall have the
representative who the composition of the representative, who full discretion on the
must have rank equal Formal Investigating must at least have the composition of the
to or higher than the Committee rank of a Division Formal Investigating
rank of the respondent, Supervisor where the Committee.
as Chairman; teacher belongs, as
The duly authorized Chairman;
representative of the A representative of the
Philippine Public local, or in the
School Teachers absence, any existing
Association (PPSTA) provincial or national
as member; and teachers organization;
Any officer of the and
Department of A supervisor of the
Education with a rank Division, the last two to
equal to or higher than be designated by the
the rank of the discplining authority
respondent as
member.

DEPARTMENT OF EDUCATION 10
FORMAL INVESTIGATION REPORT

Within 15 days after the conclusion of the Formal Investigation, a report containing a
narration of the material facts established during the investigation, the findings and the
evidence supporting said findings, as well as recommendations, shall be submitted by
the Committee with the disciplining authority. The complete records of the case shall
be attached to the Report Investigation.

The Complete records shall be sytematically and chronologically arranged, paged and
securely bound to prevent loss. A table of contents shall be prepared. Whoever is in-
charge of the transmittal of the complete records shall be held responsible for any loss
or suppression of pages thereof.

The Formal Investigation Report shall not be given to the parties, and shall serve only
as a guide to the Discplining Authority, who may or may not adopt the same entirely or
partially.

DEPARTMENT OF EDUCATION 11
OFFENSES: Grave
Dishonesty
Gross Neglect of Duty
Grave Misconduct
Being Notoriously Undesirable
Conviction of a crime involving moral turpitude
Falsification of official document
Physical or mental incapacity
Engaging in partisan political activities
Receiving for personal use of a fee, gift or other
valuable thing

DEPARTMENT OF EDUCATION 12
OFFENSES: Grave
Contracting loans of money or other property from
persons with whom the office of the employee has
business relations
Soliciting or accepting anything of monetary value
Nepotism
Disloyalty to the Philippines and to its people
Oppression
Disgraceful and immoral conduct
Inefficiency and incompetence
Frequent unauthorized absences or tardiness
Refusal to perform official duty

DEPARTMENT OF EDUCATION 13
OFFENSES: Grave
Gross insubordination
Conduct prejudicial to the best interest of the
service
Directly or indirectly having financial and material
interest in any transaction requiring the approval
of his office
Owning, controlling, managing or accepting
employment as officer, among others, in any
private enterprise regulated, supervised or
licensed by his office, unless expressly-allowed by
the law
DEPARTMENT OF EDUCATION 14
OFFENSES: Grave
Disclosing or misusing confidential or
classified information
Obtaining or using any statement filed
under the Code of Conduct and Ethical
Standards for Public Officials and
Employees
Recommending any person to any position
in a private enterprise which has a regular
or pending official transaction with his
office

DEPARTMENT OF EDUCATION 15
OFFENSES: Less Grave
Simple Neglect of Duty
Simple Misconduct
Gross Discourtesy
Violation of Civil Service Law and rules of
serious nature
Insubordination
Habitual Drunkenness

DEPARTMENT OF EDUCATION 16
OFFENSES: Less Grave
Unfair discrimination in rendering public
service due to party preference or affiliation

Failure to file sworn statements of assets,


liabilities and net worth and disclosure of
business interest and financial connections

Conflict of interest between private


business enterprise and public office

DEPARTMENT OF EDUCATION 17
OFFENSES: Light
Discourtesy
Improper or unauthorized solicitation of
contributions from subordinate employees
Violation of reasonable office rules and
regulations
Habitual tardiness
Gambling
Refusal to render overtime service

DEPARTMENT OF EDUCATION 18
OFFENSES: Light
Disgraceful, immoral or dishonest conduct
prior to entering the service
Borrowing money by superior officers from
subordinates
Lending money at usurious rates of
interest
Willful failure to pay just debts or to pay
taxes
Lobbying for personal interest or gain
DEPARTMENT OF EDUCATION 19
OFFENSES: Light
Promoting the sale of tickets in behalf of
private enterprises that are not intended
for charitable or public welfare purpose
Failure to act promptly on letters and
requests within fifteen (15) days
Failure to process and complete action on
documents and papers within a
reasonable time from preparation thereof

DEPARTMENT OF EDUCATION 20
OFFENSES: Light
Failure to attend to anyone who wants to
avail himself of the services of the office
Engaging in private practice of his
profession
Pursuit of private business, vocation or
profession

DEPARTMENT OF EDUCATION 21
DECISIONS

The decision shall be in writing and shall


state clearly and distinctly the facts and
the law on which it is based

The disciplining authority shall render his


Decision on the case within thirty (30)
days from receipt of the Report of
Investigation

DEPARTMENT OF EDUCATION 22
DECISION OF THE SECRETARY IN
ADMINISTRATIVE CASES

Against Presidential Against Non-


Appointees Presidential Appointees

If the penalty of suspension is not more than


Subject to confirmation, modification, or
30 days or a fine not exceeding 30 days
disapproval by the President
salary, shall be final and executory

If the penalty exceeds 30 days of suspension


Final Order or Resolution of the President shall
or fine exceeding 30 days salary, shall be final
be subject to a Motion for Reconsideration or
and executory upon the lapse of the period for
to an Appeal to the Court of Appeals
filing MR or an Appeal to the CSC

DEPARTMENT OF EDUCATION 23
DECISION OF THE REGIONAL DIRECTOR IN
ADMINISTRATIVE CASES

Penalty is
Penalty is removal
suspension
A decision rendered by the Regional Director whereby
Subject to confirmation, modification or disapproval by a penalty of suspension for not more than 30 days or a
the Secretary of Education fine in an amount not exceeding 30 days salary is
imposed, shall be final and executory

If the penalty imposed is suspension exceeding 30


Decision as confirmed, modified or disapproved shall
days or fine in an amount exceeding 30 days salary,
be subject to a Motion for Reconsideration of the
the same shall be final and executory after the lapse
Secretary of Education or to an Appeal to the Civil
15 day period for filing a Motion for Reconsideration
Service Commission.
or an Appeal and no such pleading has been filed.

DEPARTMENT OF EDUCATION 24
MOTION FOR RECONSIDERATION

The party adversely affected by t he decision may file a


PERIOD Motion for Reconsideration with the disciplining authority
who rendered the same within 15 days from receipt hereof

New evidence has been discovered which materially


affects the decision rendered, or
GROUNDS The decision is not supported by the evidence on record.
Errors of law or irregularities have been committed
prejudicial to the interest of the movant

The filing of MR within the reglementary period of 15 days


EFFECT from receipt of the decision shall stay the execution of the
decision sought to be reconsidered

DEPARTMENT OF EDUCATION 25
APPEAL
DECISION OF imposing a penalty exceeding 30 days suspension
THE RD or fine exceeding 30 days salary, appeal to the
Secretary within 15 days from receipt

DECISION OF
THE may be appealed to the CSC. Pending appeal, the
same shall be executory
SECRETARY

Where the penalty is removal the same shall be


EXCEPTIONS executory only after confirmation by the Secretary

DEPARTMENT OF EDUCATION 26