Frequently Asked Questions - Administrative

 

I. ADMINISTRATIVE PROCEEDINGS:

 

1.      What is an Administrative complaint?

An administrative complaint is an accusation against any DepEd personnel for having committed any offense with a request for an investigation to be done to safeguard public interest.

 

2.      What is the DepEd Rule/Regulation governing Administrative Cases?

The rule governing administrative proceedings in DepEd is DepEd Order No. 49, s. 2006.

 

3.      Is an Administrative complaint the same as a Grievance issue?

An administrative complaint is not the same as a Grievance issue. Administrative complaints usually has the elements of malice or bad faith which is not present in grievance issues. Grievance issues on the other hand are plainly work related discontentment or dissatisfaction. Grievances are acted pursuant to DepEd Order No. 35, s. 2004, while Administrative Cases are governed by DepEd Order No 49, s. 2006.

 

4.      How can an Administrative proceeding be initiated?

An administrative proceeding can be initiated by filing a complaint which is sufficient in form and substance.

 

5.      What is the prescribed form for complaints?

A complaint must be under oath and written in a clear, simple and concise language so as to inform the person complained of , about the cause and nature of the accusation against him  to enable him to intelligently prepare for his defense or answer.

 

6.      What is the contents of a complaint?

A complaint must contain the following:

a.     Full name and address of the complainant;

b.     Full name, address, position and Office of the person being complained of;

c.     A narration of the relevant and material facts which should show the violations/offenses of the person complained of;

d.     Certified true copies of the documentary evidences and affidavits of witnesses;

e.    Verification and Certification of Non-Forum Shopping.

 

Non-observance of the formalities prescribed by the Rule may be a ground for the dismissal of the complaint.

 

7.      Can a query be considered as a complaint?

Generally a query, such as “tama po ba and action?” is not considered as a complaint.

 

8.      What is the difference between a case and a complaint?

There is a case only when a Formal Charge has been issued. Without said Formal Charge, there is only a complaint. Hence, DepEd personnel could still be issued with Certifications of No Pending Administrative Case, unless a Formal Charge has been issued against him/her

 

9.      What is a Verification?

A verification is a declaration of a person under oath, attesting to the fact that he has caused the preparation of a pleading/document, that he/she read and understood the same and its contents are true and based on his/her personal knowledge and based on authentic records.

 

10.  Is a Certificate of Non-Forum Shopping required in an administrative case?

A Certificate of Non-Forum Shopping is a certification from a party attesting that he/she has not commenced any action of proceeding involving the same issue in the Supreme Court, the Court of Appeals or any other tribunal or agency; that to the best of his/her knowledge, no such action or proceeding is pending in the Supreme Court, the Court of Appeals or any tribunal or agency, and that, if he/she should learn thereafter that a similar action or proceeding has been filed or is pending before these courts of tribunal or agency, he/she undertakes to report that the fact to the Court/Tribunal within five (5) days therefrom.

 

11.  Where should I go to file administrative complaints?

The determination of venue depends on the person being complained of.

 

If the person being complained of is a presidential appointee or a personnel of the DepEd Central Office, the complaint must be filed before the Legal Division of the Central Office.

 

If the person being complained of is a teacher, school head/principal, supervisor or any employee of the Regional Office, the complaint must be filed before the Regional Office.

 

If the person being complained of is a Division Office non-teaching personnel, the complaint must be filed before the Schools Division Office.

 

Nonetheless, the Secretary of Education can take cognizance of any complaint against any DepEd personnel filed before any DepEd Office.

 

12.  Does the Department of Education entertain anonymous complaints?

As a general rule, anonymous complaints are not entertained.

 

An exception to this rule is when the disciplining authority adopts the same and files it motu proprio. This happens if there is obvious truth or merit in the allegations of the  anonymous complaint or when there are evidences supporting the allegations.

 

13.  Can administrative complaints be subject to mediation/settlement?

Only light offenses can be the subject of mediation in DepEd, provided that there is no damage caused to the government. Light offenses are not subject to automatic mediation or amicable settlement, but needs the prior authorization of the disciplining authority.

 

14.  What are the complaints that cannot be the subject of mediation/settlement?

The following complaints can never be the subject of settlement:

1.      Child Abuse complaints;

2.      Union-related concerns;

3.      Sexual Harassment complaints;

4.      Complaints concerning graft and corruption;

5.      Other gross offenses.

 

15.  Who is the disciplining authority for Teachers, School Heads/ Principals and Supervisors?

It is the Regional Directors that has disciplining authority over public School Teachers, Principal and Supervisors.

 

16.  Who are covered by the administrative disciplinary authority of the Office of the DepEd Schools Division Superintendents?

Schools Division Superintendents only has disciplinary jurisdiction over Division Office Non-Teaching personnel.

 

17.  Does School Heads/Principals have disciplinary powers over teachers and students?

Principals are without any power to discipline teachers, since such power belongs to the Regional Director. However, Principals has disciplinary power to impose appropriate penalties to public school students, after due proceedings.

 

18.  What are the grounds for Disciplinary Actions in DepEd?

 

GROUNDS

a.       Dishonesty

b.      Oppression

c.       Neglect of duty

d.      Misconduct

e.       Disgraceful and immoral conduct

f.       Being notoriously undesirable

g.      Discourtesy in the course of official duties

h.      Inefficiency and incompetence in the performance of official duties

i.        Receiving for personal use of a fee , gift or other valuable thing in the course of official duties or in connection  therewith when such fee, gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded other persons or committing acts punishable under the anti-graft laws

j.        Conviction of a crime involving moral turpitude

k.      Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children

l.        Violation of existing Civil Service  Law and Rules or reasonable office , regulations

m.    Falsification of  official documents

n.      Frequent unauthorized absences or tardiness in reporting for duty, loafing or frequent unauthorized absences from duty during regular office hours

o.      Habitual drunkenness

p.      Gambling prohibited by law

q.      Refusal to perform official duty or render overtime service

r.        Disgraceful, immoral or dishonest conduct prior to entering the service

s.       Physical or incapacity or disability due to immoral  vicious habits

t.        Borrowing money by superior officers from subordinates or lending by subordinates to superior officers

u.      Lending money at usurious rates of interest

v.      Willful failure to pay just debts or willful failure to pay taxes due the government

w.    Contracting loans of money or other property from persons with whom the office of the employees concerned has business relations

x.      Pursuit of private-business, vocation or profession without the permission required by the Civil Service rules and regulations

y.      Insubordination

z.       Engaging directly or indirectly in partisan political activities by one holding a non-political office.

aa.   Conduct prejudicial to the best interest of the service

bb.  Lobbying for personal interest or gain in legislative halls or offices without authority

cc.   Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the letter cases if there is no prior authority

dd. Nepotism as defined in Section 59, Chapter 8, Subtitle A, Title l, Book V of E.O. No.292

ee.   Sexual Harassment as defined and penalized under CSC Resolution No. 01-0940.

 

 

19.  How is an administrative complaint acted upon?

Pursuant to Section 8 of DO 49 S. 2006, the actions on the Complaint shall be as follows:

 

a.       The disciplining authority concerned shall dismiss outright a complaint if on its face, there is obviously no truth or merit to the allegations therein.

b.      The disciplining authority shall also dismiss the complaint if the same is not in accordance with the required form and/or it does not comply with the required content of a complaint.

c.       If the complaint is sufficient in form and substance, the disciplining authority shall give due course to the complaint by appointing within ten (10) days from receiot of the complaint an investigator(s) who shall conduct fact-finding investigation or prelimibary investigation.

 

d.      No action shall be taken on an anonymous complaint, unless the disciplining authority decides to adopt the same and file it motu proprio

 

20.  What is the effect of the withdrawal of the Private Complainant?

In accordance with the Rules, “the withdrawal of the Private Complainant does not result in its outright dismissal nor in the discharge of the person complained of from any administrative liability. Where there is obvious truth or merit to the allegations in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course.” 

 

21.  What rules apply in the investigation of Administrative complaints?

 

DO 49 S. 2006, otherwise known as the Revised Rules of Procedure of the Department of Education in Administrative Cases.

 

22.  How is administrative adjudication conducted in DepEd?

Investigations in DepEd are non-litigous in nature. Subject to  the requirements of due process in administrative cases, the technicalities of law, procedure and evidence shall not strictly apply thereto

 

23.  What is preliminary or fact finding investigation?

It is a proceeding conducted upon the order of the disciplining authority in order to determine the existence of a prima facie case. A prima facie case shall mean that there is a reasonable ground to believe that the respondent is probably guilty of the charge/s against him, and should be investigated accordingly.

 

24.  Who may conduct preliminary investigation of Administrative cases?

An investigator duly designated by the disciplining authority shall conduct the preliminary investigation. 

 

25.  What is the extent of authority of the Office of Regional Director in the conduct of administrative investigation?

The Office of the Regional Director shall have the authority to conduct administrative investigations on: (1) teaching personnel in their respective regions and (2) non-teaching personnel in their respective offices except for cases against presidential appointees. 

Presidential appointees shall include Assistant Superintendent, Superintendents, Assistant Regional Directors, Regional Directors, Assistant Secretaries and Undersecretary. The Secretary shall have original and exclusive jurisdiction to Presidential appointees and shall be subject to confirmation, disapproval or modification by the President of the Philippines. 

 

26.  What shall happen after the Preliminary/Fact Finding Investigation?

 

Pursuant to Section 9 (f) of DO 49. 2006, “(w)ithin five (5) 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 Authority with his/their investigation report which should contain his/their findings and recommendations.”

 

27.  What is a Formal Charge?

Formal Charge “shall contain a specification of charge(s), a brief statement of material or relevant facts accompanied by certified true copies of documentary evidence, if any, sworn statements covering the testimony of witness, if any, a directive to answer under oath the charge(s) in writing in not less than seventy-two (72& hours from receipt therepf, an advice for the respondent to indicate in his answer whether or not he elects a formal investigation of the charge(s) and a notice that he is entitled to be assisted by a counsel of his choice.”

 

28.  What is a Preventive Suspension?

A Preventive Suspension is issued when a Respondent has been charged to take the Respondent out from the scene of the offense to prevent him/her from tampering with evidences and from influencing witnesses.

 

29.  Is Preventive Suspension a penalty?

No, it is not a penalty. It is only a process, the sole intention is to take the Respondent from the scene of the offense to avoid the Respondent from possibly tampering with evidences and/or to influence witnesses.

 

30.  What are the remedies if a Respondent is placed under Preventive Suspension?

The Respondent may file a Motion for Reconsideration before the Disciplining Authority or Appeal the same with the Civil Service Commission.

 

A Respondent may request that he/she be detailed to another Office during the period of his/her preventive suspension.

 

31.  What is the maximum period for Preventive Suspension?

A Respondent preventively suspended shall not be allowed to enter his/her station for a period not exceeding 90 days.

 

32.  When and Where must a Respondent file his Answer to the Formal Charge?

A Respondent must file his Answer within 5 days from receipt of the Formal Charge before the proper Disciplining Authority.

 

33.  What happens if the Respondent fails to file his Answer?

For failure to file the required Answer, it may be considered as a waiver to file the same and the Formal Investigation shall ensue.

 

34.  What is a Formal Investigation?

A formal investigation is where the merits of the case shall be fully evaluated by a Formal Investigation Committee.

 

35.  Who must conduct a Formal Investigation in DepEd?

 

If Respondent is a teacher, as defined under the Magna Carta for Public School Teachers, the Formal Investigation must be conducted by a committee composed of the following:

Chairman: Schools Division Superintendent or his/her representative who must have at least the rank of a Division Supervisor.

Member: A Supervisor of the Division;

Member: A representative of a local, or in its absence, any existing provincial or national teacher’s organization.

 

When the Respondent is a Non-Teaching Division/Regional Personnel, the Disciplining shall have full discretion as to who he/she shall appoint as members of the Formal Investigation Committee.

 

36.  Is there a need for a trial type proceedings during the Formal Investigation?

There is no need for a trial type proceedings as technical rules of procedures are not utilized in administrative proceedings.

 

The Respondent may opt to submit the case for Resolution based on Position Papers.

 

37.  Is there a need for a Counsel during Formal Investigation?

There is no requirement that parties must be represented by their counsel during the Formal Investigation. Nonetheless, the presence of a counsel representing a party shall be honored during the Formal Investigation.

 

38.  Are there prohibited pleadings in the administrative proceedings in DepEd?

Yes, any dilatory motions such as Motion for Bill of Particulars, requests for clarifications, suspension of proceedings and the like shall not be entertained.

 

39.  What would be the effect if prohibited pleadings are filed in the administrative proceedings?

Any of these pleadings shall be considered as an Answer and shall be evaluated as such.

 

40.  What are the penalties that may be imposed by the Disciplining Authority?

 

TITLE OF OFFENSES

1ST OFFENSE

2ND OFFENSE

3RD OFFENSE

1.      Dishonesty

Dismissal

 

 

2.      Gross Neglect of Duty

Dismissal

 

 

3.      Grave Misconduct

Dismissal

 

 

4.      Being Notoriously Undesirable

Dismissal

 

 

5.      Conviction of a crime involving moral turpitude

Dismissal

 

 

6.      Falsification of official document

Dismissal

 

 

7.      Physical or mental incapacity or disability due to immoral or vicious habits 

Dismissal

 

 

8.      Engaging directly or indirectly in partisan political activities by one holding non-political office

Dismissal

 

 

9.      Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or better treatment than that accorded to other persons, or committing acts punishable under the anti-graft laws

Dismissal

 

 

10.  Contracting loans of money or other property from persons with whom the office of the employee has business relations

Dismissal

 

 

11.  Soliciting or accepting directly or indirectly , any gift , gratuity , favor, entertainment , loan or anything of monetary value which in the course of his official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of his office. The propriety or impropriety of the foregoing shall be determined by its value, kinship, or relationship between giver and receiver and the motivation. A thing of monetary value is one which is evidently or manifestly excessive by its very nature

Dismissal

 

 

12.  Nepotism

Dismissal

 

 

13.  Disloyalty to the Republic of the Philippines and to the Filipino people

Dismissal

 

 

14.  Oppression

Suspension (6 mons. 1 day to 1 year)

Dismissal

 

15.  Disgraceful and immoral conduct

Suspension for six(6) months and one  (1) day to one (1) year;

Dismissal

 

16.  Inefficiency and incompetence in the performance of official duties

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

17.  Frequent an authorized absences, or tardiness in reporting for duty , loafing or frequent unauthorized absences from  duty during regular office hours

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

18.  Refusal to perform official duty

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

19.  Gross insubordination

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

20.  Conduct prejudicial to the best interest of the service

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

21.  Directly or indirectly having financial and material interest in any transaction requiring the approval of his office. Financial and material interest is defined as pecuniary or proprietary interest

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

 

22.  Owning, controlling, managing or accepting employment as officer, employee, consultant, counsel, broker, agent, trustee, or nominee in any private enterprise regulated, supervised or licensed by his office, unless expressly- allowed by law

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

23.  Disclosing or misusing confidential or classified information officially known to him by reason of his office and not made available to the public, to further his private interests or give undue advantage to anyone, or to prejudice the public interest

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

24.  Obtaining or using any statement filled under the Code of Conduct and Ethical Standards for Public Officials and Employees for any purpose contrary to morals or public policy or any commercial purpose other than by news and communications media for dissemination to the general public

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

25.  Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office , unless such recommendation or referral is mandated by (1) law, or  (2) international agreements , commitment and obligation , or as part of the function of his office 

Suspension for six (6) months and one (1) day to one (1) year

Dismissal

 

26.  Simple Neglect of Duty

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

27.  Simple Misconduct

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

28.  Gross Discourtesy in the course official duties

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

 

 

29.  Violation of existing Civil Service Law and rules of serious nature

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

30.  Insubordination

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

31.  Habitual Drunkenness

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

32.  Unfair discrimination in rendering public service due to party affiliation or preference

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

 

33.  Failure to file sworn statements of assets liabilities and net worth, and disclosure of business interest and financial connections including those of their spouses and unmarried children under eighteen (18) years of age living in their households

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

 

34.  Failure to resign from his position in the private business enterprise within thirty (30) days from assumption of public office  when conflict of interest arises, and/or failure to divest himself of his shareholdings or interest in private business enterprise within sixty (60) days assumption of public office when conflict of interest arises; Provided, however that for those who are already in the service and conflict of interest arises, the official or employee must either resign or divest himself of said interest within the periods hereinabove; provided, reckoned from the date when the conflict of the interest had arisen

Suspension for one (1) month and (1) day to six (6) months

Dismissal

 

35.  Discourtesy in the course of official duties

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

36.  Improper or unauthorized solicitation of contributors from subordinate employees and by teachers or school officials from school children

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

37.  Violation of reasonable office rules and regulations

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

38.  Frequent unauthorized tardiness (Habitual Tardiness)

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

39.  Gambling prohibited by law

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

40.  Refusal to render overtime service

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

41.  Disgraceful , immoral or dishonest conduct prior to entering the service

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

42.  Borrowing money by superior officers from subordinates

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

43.  Lending money at usurious rates of interest

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

44.  Willful failure to pay just debts or willful failure to pay taxes due to the government

The term “just debts” shall apply to:

1.      Claims adjudicated by a court of flaw, or

2.      Claims the existence and justness of which are admitted by the debtor

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

45.  Lobbying for personal interest or gain in legislative halls and offices without authority

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

46.  Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purposes and even in the latter cases, if there is no prior authority

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

47.  Failure to act promptly on  letters and request within fifteen (15) days from receipt, except as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

48.  Failure to process documents and complete action on documents and papers within a reasonable time from preparation thereof, except as otherwise provided in the rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

49.  Failure to attend to anyone who wants to avail himself of the services of the office, or act promptly and expeditiously on public transaction

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

50.  Engaging in private practice of his profession unless authorized by the Constitution, law or regulation, provided that such practice will not conflict with his official functions

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

51.  Pursuit of private business, vocation or profession without the permission required by Civil Service rules and regulations

Reprimand

Suspension for one (1) to thirty (30) days

Dismissal

 

41.  What are the duration and effects of administrative penalties?

 

The following rules shall govern in the imposition of administrative penalties:

 

a.       The penalty of dismissal shall result in the permanent separation of the respondent from the service, with or without prejudice to criminal or civil liability.

 

b.      The penalty of transfer shall carry with it the sanction that failure on the part of the respondent to seek transfer to another office within a period of not less than ninety (90) days, he shall be considered resigned. The penalty of transfer may be imposed with a condition that the respondent shall be barred from holding a position involving property or money responsibility.

 

c.       The penalty of demotion shall include reduction in rank, or salary, or both.

 

d.      The penalty of suspension shall result in the temporary cessation of work for a period not exceeding one (1) year.

 

Suspension of one day or more shall considered a gap in the continuity of service. During the period of suspension, respondent shall not be entitled to all money benefits including leave credits.

 

e.       The penalty of fine shall be in an amount not exceeding six (6) month salary of respondent when the decision becomes final and executory.

 

f.       The penalty of reprimand or censure shall not carry with it any accessory penalty nor result in the temporary cessation of work.

 

Preventive suspension, which is not considered a penalty, shall not be considered as a gap in the continuity of the service if the respondent is later exonerated of the charge/s against him.

 

42.  Who shall be served with a copy of the resolution of a case?

The parties shall be served with a copy of the resolution/decision of the case.

 

43.  Who must sign a Decision/Resolution terminating a DepEd Personnel from the service?

The Decision/Resolution terminating a DepEd Personnel from the service shall be signed by the appropriate Disciplining Authority exercising jurisdiction over the concerned personnel with the concurrence of the Secretary of the Department of Education.

 

44.  When does a Decision/Resolution on an administrative case become final and executory?

Decisions/Resolutions become final and executory when the period for filing a Motion for Reconsideration or an Appeal lapsed and no such Motion/Appeal was filed.

 

When a Motion for Reconsideration has been filed and was denied, the Decision/Resolution becomes final and executory upon receipt of the Order of denial.

 

45.  What is the remedy on the Decision or Resolution in Administrative Cases rendered by the Schools Division Superintendents or Regional Directors?

The immediate remedy to stop the Decision/Resolution from becoming final and executory is to file a Motion for Reconsideration.

 

46.  Does the Disciplining Authority entertain a Motion for Reconsideration/ Reinvestigation of the decision or order of an administrative case?

Yes, provided that the said Motion is filed within 15 days from receipt of the decision/resolution and that the same is filed before the proper Office/Forum.

 

47.  What is a motion for reconsideration?

It is a motion from an aggrieved party requesting that the Disciplining Authority review the case due to errors and other circumstances which may be set forth in said motion.

 

48.  When and Where must Motions for Reconsideration/Reinvestigation be filed?

A Motion for Reconsideration must be filed within 15 days from receipt of the decision/resolution. It must be filed before the Office of the Disciplining Authority.

 

49.  What is the effect of filing Motions for Reconsideration/Reinvestigation not on time and not with the proper Office?

It is as if no Motion for Reconsideration/Reinvestigation was filed.

 

50.  What are the grounds for filing a Motion for Reconsideration/ Reinvestigation of the Decision or Resolution of a case?

Reconsideration/Investigation may be taken on the following grounds: a. New evidence has been discovered which materially affects the decision rendered, or b. The decision is not supported by the evidence on record c. Errors of law or irregularities have been committed prejudicial to the interest of the movant.

 

51.  How are Decisions/Resolutions in administrative cases executed?

When a Decision/Resolution becomes final, it is ripe for execution. It is executed through the issuance of an Order of Execution issued by the Disciplining Authority imposing the penalty contained in the Decision/Resolution and the recording thereof in the Respondent’s 201 file.

 

52.  What is the remedy on the decision denying the Motion for Reconsideration rendered by the Schools Division Superintendents or Regional Directors?

The remedy is to file an Appeal.

 

53.  What are appealable cases?

Any decision imposing a penalty of more than 30 days suspension or fine equivalent to more than 30 days salary may be Appealed.

 

54.  When can an aggrieved party file an Appeal?

Appeals in DepEd can only be filed within 15 days from receipt of the decision of the disciplining authority, upon the lapse of the 15-day period, the Decision/Resolution becomes final and executory.

 

55.  Where and how is an Appeal filed?

Appeals must be filed before the Disciplining Authority who denied the Motion for Reconsideration accompanied by:

a.       Notice of Appeal stating the date of the decision appealed from and the date of receipt thereof;

b.      3 copies of Appeal Memorandum stating the grounds of appeal with certified copies of the Decision/Resolution/Order appealed from and certified copies of the documents or evidences;

c.       Proof of service to the Disciplining Authority;

d.      Proof of payment of appeal fee;

e.       A Certificate of Non-Forum Shopping.

 

Failure to comply with these requirements shall be construed as a failure to perfect an appeal.

 

56.  How much is an Appeal Fee?

Php 300.00

 

57.  What is the effect of filing an Appeal?

The pendency of the Appeal shall not stop the decision from being executory.

 

58.  What is the remedy if the Appeal has been denied by the Office of the Secretary?

An aggrieved party may elevate the decision with the Civil Service Commission

 

59.  What is the remedy if the Civil Service Commission denied the Appeal/Petition?

File a Petition for Review with the Court of Appeals.

 

60.  What is the remedy if the Court of Appeal denied the Petition?

The remedy now is to file a Petition with the Supreme Court.