For complaints, it is hereby reiterated that Section 5. Content of Complaint, DepEd Order No. 49, s. 2006 as quoted below shall be followed:
“Section 5. Content of Complaint – A complaint shall contain the following:
a. Full name and address of the complainant
b. Full name and address of the person complained as well as his position and office in the Department of Education
c. A narration of the relevant and material facts which should show the acts or omissions as allegedly committed by the person
d. Certified true copies of documentary evidence and affidavits of his witnesses if any; and
e. Certification or statement on non-forum shopping”
The conduct of clarificatory hearings would depend on the gravity of the offense, and pieces of evidence submitted, taking into consideration the health and safety of the investigators and persons complained of and the person filing the said case (COVID-19) pandemic.
While awaiting further guidelines from the region or central office for administrative formal hearings, those cases filed wherein the person complained of has been notified and given ample time to file his/her Answer already, the submission of factfinding/preliminary investigation report is on the discretion of the Investigator/s whether or not to conduct further clarificatory hearings.
READ: DepEd Legal Matters Frequently Asked Questions (FAQs)
Table of Contents
DEPED FILING OF COMPLAINTS/APPEALS/MOTIONS FOR RECONSIDERATION
Schedule of Availability of Service:
Monday – Friday
8:00 a.m. – 5:00 p.m. NO noon break
Who May Avail of the Service?
- Complaint – any person
- Appeal – parties adveresly affected when decisions of the Regional Director is a penalty exceeding thirty (30) days suspension, or fine in an amount exceeding thirty (30) days salary.
- Motion for Reconsideraion- Party adversely affected by a decision stemming from the Central Office
What are the Requirements?
Complaint
- Full name and address of the complainant
- Full name and address of the person complained of as well as his position and office in the Department of Education
- A narration of the acts or ommissions as allegedly committed by the person
- Certified true copies of documentary evidence and affidavits of witnesses if any
- Certification of non-forum shopping
Appeal
- Notice of appeal which shall specifically state the date of the decision appealed from and the date of receipt thereof
- Three(3) copies of appeal memorandum containing the grounds relied upon for the appeal
- Certified true copy of the previous decision, resolution, or order appealed from
- Certified copies of the documents or evidence
Motion for Reconsideration
- Motion for Reconsideration
- Certified true copy of the previous decision, resolution, or order appealed from
Note: For the submission to be considered a formal complaint, appeal, or motion for reconsideration, all required documents must be submitted. If documents are incomplete, documents will be treated as formal communications, the actions to which will depend on the discretion of the office, pending compliance of all requirements.
Duration:
- Receiving documents for Appeal 15 Minutes
- Receiving documents for Complaint 10 minutes
- Receiving documents for Motion for Reconsideration 10 Minutes
Complaint
| Step | Applicant/ Client | Service Provider | Duration of Activity (Under Normal Circumstances) | Person in Charge | Fees | Form |
|---|---|---|---|---|---|---|
| 1 | Submit documents | Receive complaint and other documents | 8 minutes | ADASIII/ authorized employee | see above for required documents | |
| 2 | Receive receiving copy of the complaint | Issue receiving copy of the complaint | 2 minutes | ADASIII/ authorized employee | none | |
Appeal
| Step | Applicant/ Client | Service Provider | Duration of Activity (Under Normal Circumstances) | Person in Charge | Fees | Form |
|---|---|---|---|---|---|---|
| 1 | Submit documents | Receive appeal and other documents; require client to pay the appeal fee | 4 minutes | ADASIII/ authorized employee | see above for required documents | |
| 2 | Pay to the cashier | Process payment and issue Official Rceipt (O.R.) | 5 minutes | Cash Division authorized personnel | Php 300.00 | none |
| 3 | Return to receiving counter. Attach copy of OR to appeal documents | Receive appeal and attached copy of OR | 5 minutes | ADASIII/ authorized employee | none | |
| 4 | Receive receiving copy of the appeal | Issue receiving copy of the appeal | 1 minute | ADASIII/ authorized employee | none |
Motion for Reconsideration
| Step | Applicant/ Client | Service Provider | Duration of Activity (Under Normal Circumstances) | Person in Charge | Fees | Form |
|---|---|---|---|---|---|---|
| 1 | Submit documents | 8 minutes | ADASIII/ authorized employee | see above for required documents | ||
| 4 | Receive receiving copy of the motion for reconsideration | Issue receiving copy of the motion for reconsideration | 2 minutes | ADASIII/ authorized employee | none | |
