The Revised Rules of Procedure of DepEd for Administrative CasesArnold G. Onia, Teacher III

Constancio Padilla National High SchoolDivision of San Jose City

Rules of Procedures mean the means and methods whereby causes of action

maybe effectuated, wrongs redressed and relief obtained (Black’s Law Dictionary).

In large context, it is the rule which prescribe the procedure for the protection and

enforcement of all claims arising from the rights and duties created by law. The

Revised Rules of Procedure of Department of Education for Administrative Cases

contained under DepEd Order No. 49 Series of 2006 dated December 12, 2006

supersedes DepEd Order No. 43 series of 2006 dated October 19, 2006. It is the set

of rules and the procedures involve that governs administrative cases against

DepEd Emloyees by providing a procedural system for obtaining redress for the

invasion of rights and violations of duties and by laying out rules as to how suits are

filed, tried and decided upon by the DepEd in exercise of its quasi-judicial functions.

DepEd Rules of Procedure is promulgated by the Secretary of Education

pursuant to its quasi-judicial power delegated by the Congress to Administrative

bodies to promulgate its rules of procedure for the proper exercise of its

adjudicative power and for the guidance of interested parties or party litigants. As

these rules of procedure did not originate from the congress and cannot be in strict

sense be called laws, however, it carries with it the force and effect of law. In spite

of this, in case of conflict with a statute or a law, the statute or law will prevail

because the rules are subordinated to the statute or laws. The technical rules of

procedure and of evidence prevailing in courts of law and equity are not controlling

in administrative proceedings before the DepEd (Agpalo 2005).

Where claims are asserted and reliefs are sought, the proceedings before the

DepEd are instituted by filing of sworn written complaint of any persons, or may be

commended motu proprio by the DepEd Secretary, the Regional Director (RD), in

case of teaching and non-teaching personnel, or the Schools Division

Superintendent (SDS), in case of Non-teaching personnel. The Secretary, Regional

Director and the Schools Division Superintendent are thus named disciplining

authorities. The written complaint shall be under oath and 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 him to intelligently prepare his

defense or answer. This is a constitutional right of the accused to know the nature

and cause of the accusation against him. A complaint that does not conform to the

right form therefore should not be given attention and should be treated as a mere

scrap of paper.

When the complaint involves non-teaching personnel of the division, it may

be filed at any time with the SDS. When the complaint involves teachers, it should

be filed with the Regional Director. The SDS or the RD can dismissed outright the

complaint if in its face it does not contain probable cause, or there is obviously no

truth or merit to the allegations. Probable cause is the apparent state of facts found

to exist upon reasonable inquiry which would induce a reasonably intelligent and

prudent man to believe that the accused person had committed the crime charged

(Black’s Law Dictinary).

The disciplining authority will appoint within ten (10) days upon receipt of the

well-founded complaint an investigator to conduct a fact-finding or preliminary

investigation within five (5) days upon his appointment. The fact-finding or

preliminary investigation shall terminate after 30 days. As this stage is fact-finding

and only preliminary, the investigator will make a recommendation whether or not

to formally charge the person complaint of based on the evidence adduced during

his investigation. The Formal Charge shall contain a specification of charge(s), a

brief statement of material or relevant facts, sworn statements of witnesses if any,

and a directive to answer within 72 hours upon receipt of the charge. The

respondent may elect a formal investigation and is entitled to be assisted by a

counsel of his choice. The respondent may be placed under preventive suspension

for not more than 90 days pending formal investigation.

Within five (5) days upon receipt of the respondent’s answer, the Formal

Investigating Committee composed of the SDS or his duly authorized

representative, a representative of a teacher’s organization and a Supervisor of the

Division, shall be formed. The hearing shall be held not earlier than five (5) days nor

later than ten (10) days upon constitution of the committee, and shall be

terminated within 30 days. The hearing shall be recorded and no publicity shall be

given during the pendency of the case. The committee may compel witnesses to

attend the hearing or records to be presented. The committee shall forward its

recommendation to the disciplining authority within 15 days upon the termination of

the hearing. The disciplining authority shall render its decision within 30 days from

receipt of the recommendation of the committee. The parties, complainant and

respondent, are not entitled to a copy of the recommendation of the committee.

Decision of the disciplining authority may be or may not be subject for

reconsideration or appeal depending on the duration of the penalty corresponding

to the offense. Offenses listed under the DepEd Order are classified into grave, less

grave or light. Penalties may include reprimand, suspension, fine or dismissal from

service, with disability/accessory administrative penalties including cancellation of

eligibility, forfeiture of retirement benefits, disqualification from government

service, from promotion of bar from taking civil service exam.

Reference:1. DepEd Order No. 49, Series 2006, dated December 12, 20062. Administrative Law, Law on Public Officers and Election Law by Ruben Agpalo,

Rex Bookstore, 2005 Edition3. Black Law Dictionary, 4th Edition, West Publsihing Co., 1968