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DepEd Order No. 49, s. 2006: A Comprehensive Guide to the Revised Rules of Procedure in Administrative Cases

The Department of Education (DepEd) Order No. 49, s. 2006, also known as the “Revised Rules of Procedure of the Department of Education in Administrative Cases,” serves as a crucial guideline for educators, education professionals, and stakeholders in understanding the proper handling of administrative cases within the department. This article aims to provide a comprehensive overview of the revised rules, highlighting the key aspects and their implications for those involved in the education sector.

Overview of the Revised Rules of Procedure

The revised rules outline the disciplining authorities and their jurisdiction, as well as the grounds for disciplinary action. The Secretary of Education and the Regional Directors serve as the disciplining authorities in their respective regions, while the Superintendents of Schools are responsible for administrative actions against non-teaching personnel in their respective school divisions.

The grounds for disciplinary action encompass a wide range of offenses, including but not limited to:

  • Dishonesty
  • Oppression
  • Neglect of duty
  • Misconduct
  • Disgraceful and immoral conduct
  • Inefficiency and incompetence in the performance of official duties

Procedure for Commencing Administrative Cases

Administrative proceedings may be commenced either motu proprio by the disciplining authorities or upon a sworn written complaint by other persons. The complaint must be in writing, under oath, and contain specific information such as the full name and address of the complainant and the person complained of, a narration of the relevant facts, and supporting evidence.

Complaints may be filed with the School Superintendents for cases against non-teaching personnel, Regional Directors for cases against teachers and regional office personnel, or the Legal Division of the Central Office for cases against Presidential Appointees and Central Office employees. The withdrawal of a complaint does not necessarily result in its dismissal, as the disciplining authority may proceed with the case if there is obvious truth or merit to the allegations.

Actions on the Complaint and Investigation

Upon receipt of the complaint, the disciplining authority may dismiss it outright if there is no apparent truth or merit to the allegations or if the complaint does not comply with the required form and content. If the complaint is sufficient, the disciplining authority shall give due course to it and appoint an investigator to conduct a fact-finding investigation or preliminary investigation.

During the investigation, the person complained of shall be given the opportunity to submit a counter-affidavit or comment under oath, along with supporting evidence. The investigator may also summon the parties to a conference for clarificatory questions and interview possible witnesses. After the investigation, the investigator shall submit a report containing findings and recommendations to the disciplining authority.

If a prima facie case is established, a formal charge shall be issued by the disciplining authority, and a Formal Investigation Committee shall be created to conduct the formal investigation.

The Role of the Formal Investigation Committee

The composition of the Formal Investigation Committee varies depending on the respondent’s position:

  • For teachers: The Schools Division Superintendent or their authorized representative (Chair), a representative of the local or provincial teachers’ organization, and a Division Supervisor.
  • For non-teaching personnel: The disciplining authority has full discretion on the composition of the committee.
  • For Assistant Schools Superintendents, Schools Superintendents, Assistant Regional Directors, Regional Directors, Assistant Secretaries, or Undersecretaries: The Secretary or their authorized representative (Chair), a representative of the Philippine Public School Teachers’ Association (PPSTA), and a DepEd official with a rank equal to or higher than the respondent.

The Formal Investigation Committee is responsible for conducting the formal investigation, which includes:

  • Pre-hearing conference to discuss matters such as stipulation of facts, simplification of issues, and marking of evidence
  • Continuous hearings to receive evidence from both parties
  • Submission of the Formal Investigation Report containing findings and recommendations to the disciplining authority

Classification of Offenses and Penalties

The revised rules classify administrative offenses into grave, less grave, or light, depending on their gravity and effects on the government service. Each category has corresponding penalties, ranging from reprimand to dismissal from service.

Examples of offenses under each category include:

  • Grave offenses: Dishonesty, gross neglect of duty, grave misconduct, conviction of a crime involving moral turpitude
  • Less grave offenses: Simple neglect of duty, simple misconduct, gross discourtesy in the course of official duties
  • Light offenses: Discourtesy in the course of official duties, improper or unauthorized solicitation of contributions, violation of reasonable office rules and regulations

In determining the penalties to be imposed, extenuating, mitigating, aggravating, or alternative circumstances may be considered, such as physical fitness, good faith, taking undue advantage of official position, habituality, length of service, and education.

When the respondent is found guilty of two or more charges, the penalty imposed shall be that corresponding to the most serious charge, and the rest shall be considered as aggravating circumstances.

Preventive Suspension

In some cases, the disciplining authority may issue an order of preventive suspension upon the issuance of a formal charge, if the charges involve dishonesty, oppression, grave misconduct, neglect of duty, or if there are reasons to believe that the respondent is guilty of charges that would warrant their removal from service.

Preventive suspension may also be issued to temporarily remove the respondent from the scene of their misfeasance or malfeasance and to preclude the possibility of exerting undue influence or pressure on witnesses or tampering with evidence.

The duration of preventive suspension shall not exceed 90 days, and the respondent shall be automatically reinstated in the service if the case is not decided within this period, unless the delay is due to the fault, negligence, or petition of the respondent.

The respondent may file a motion for reconsideration with the disciplining authority or an appeal to the Civil Service Commission within 15 days from receipt of the order of preventive suspension.

Decision and Appeal Process

The disciplining authority shall render a decision on the case within thirty (30) days from receipt of the Formal Investigation Report. Decisions of the Secretary of Education in cases against Presidential Appointees are subject to confirmation, modification, or disapproval by the President of the Philippines.

Parties adversely affected by the decision may file a motion for reconsideration with the disciplining authority within fifteen (15) days from receipt of the decision, based on the grounds of newly discovered evidence, lack of evidence to support the decision, or errors of law or irregularities prejudicial to the interest of the movant. Only one motion for reconsideration shall be entertained.

If the motion is denied or the penalty imposed is more than thirty (30) days suspension or fine exceeding thirty (30) days’ salary, the decision may be appealed to the Secretary of Education (for decisions of Regional Directors) or the Civil Service Commission (for decisions of the Secretary of Education) within 15 days from receipt of the decision. An appeal fee of Php 300.00 shall be paid, and the necessary documents (e.g., notice of appeal, appeal memorandum, proof of service, and a statement of non-forum shopping) shall be submitted.

The filing of an appeal shall not stop the decision from being executory, and in case the penalty is suspension or removal, the respondent shall be considered as having been under preventive suspension during the pendency of the appeal.

In some cases, a party may elevate the decision of the Civil Service Commission to the Court of Appeals through a petition for review under Rule 43 of the 1997 Revised Rules of Court.

Administrative Disabilities Inherent in Certain Penalties

Certain administrative disabilities come with specific penalties:

  • Dismissal: Cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service
  • Demotion: Disqualification for promotion for a period of six months to one year from the date of reporting to the new position or station
  • Suspension: Disqualification for promotion corresponding to the period of suspension
  • Fine: Disqualification for promotion for a period twice the number of days that the fine is equivalent to, based on the respondent’s salary at the time the decision becomes final and executory

The Importance of Due Process and the Rights of the Respondent

The DepEd Order No. 49, s. 2006 emphasizes the significance of following the prescribed procedures to ensure fairness and impartiality in handling administrative cases. The respondent has the right to be informed of the charges, the right to counsel, and the right to present evidence in their defense.

Educators and education professionals must understand and comply with the revised rules to maintain the integrity and efficiency of the education system. By familiarizing themselves with the rules, they can better protect their rights and fulfill their responsibilities in the event of an administrative case.

Conclusion

The DepEd Order No. 49, s. 2006 provides a comprehensive framework for handling administrative cases within the Department of Education. By understanding the revised rules of procedure, educators, education professionals, and stakeholders can contribute to a fair, transparent, and accountable disciplinary process, ultimately benefiting the students and the education sector as a whole.

Frequently Asked Questions (FAQ) on DepEd Order No. 49, s. 2006: Revised Rules of Procedure of the Department of Education in Administrative Cases

What is DepEd Order No. 49, s. 2006?

DepEd Order No. 49, s. 2006 is also known as the “Revised Rules of Procedure of the Department of Education in Administrative Cases.” It provides guidelines for handling administrative cases within the Department of Education.

Who are the disciplining authorities in the Department of Education?

The disciplining authorities in the Department of Education are the Secretary of Education and the Regional Directors in their respective regions. The Superintendents of Schools are also disciplining authorities for administrative actions against non-teaching personnel in their respective school divisions.

What are the grounds for disciplinary action under DepEd Order No. 49, s. 2006?

The grounds for disciplinary action include dishonesty, oppression, neglect of duty, misconduct, disgraceful and immoral conduct, being notoriously undesirable, discourtesy in the course of official duties, inefficiency and incompetence in the performance of official duties, and other offenses listed in Section 2 of the Order.

How can administrative proceedings be commenced?

Answer: Administrative proceedings may be commenced motu proprio by the disciplining authorities or upon a sworn written complaint by other persons.

What are the requirements for filing a complaint?

The complaint must be in writing, under oath, and contain the full name and address of the complainant and the person complained of, a narration of the relevant facts, and supporting evidence. It must also include a certification of non-forum shopping.

Where can complaints be filed?

Complaints may be filed with the School Superintendents for cases against non-teaching personnel, Regional Directors for cases against teachers and regional office personnel, or the Legal Division of the Central Office for cases against Presidential Appointees and Central Office employees.

What happens if the complainant withdraws the complaint?

The withdrawal of a complaint does not result in its outright dismissal. The disciplining authority may proceed with the case if there is obvious truth or merit to the allegations.

What actions can the disciplining authority take upon receipt of the complaint?

The disciplining authority may dismiss the complaint outright if there is no apparent truth or merit to the allegations or if the complaint does not comply with the required form and content. If the complaint is sufficient, the disciplining authority shall give due course to it and appoint an investigator to conduct a fact-finding investigation or preliminary investigation.

What is a formal charge?

A formal charge is issued by the disciplining authority when a prima facie case is established during the investigation. It contains a specification of the charge(s), a brief statement of material or relevant facts, and other necessary information.

What is preventive suspension?

Preventive suspension is an action taken by the disciplining authority to temporarily remove the respondent from their position pending an investigation, if the charges involve dishonesty, oppression, grave misconduct, neglect of duty, or if there are reasons to believe that the respondent is guilty of charges that would warrant their removal from service.

How long can preventive suspension last?

Preventive suspension shall not exceed 90 days, and the respondent shall be automatically reinstated in the service if the case is not decided within this period, unless the delay is due to the fault, negligence, or petition of the respondent.

What is the composition of the Formal Investigation Committee?

The composition of the Formal Investigation Committee varies depending on the respondent’s position. For teachers, it consists of the Schools Division Superintendent or their authorized representative (Chair), a representative of the local or provincial teachers’ organization, and a Division Supervisor. For non-teaching personnel, the disciplining authority has full discretion on the composition of the committee. For high-ranking officials, the Secretary or their authorized representative serves as the Chair, along with a representative of the Philippine Public School Teachers’ Association (PPSTA) and a DepEd official with a rank equal to or higher than the respondent.

What are the responsibilities of the Formal Investigation Committee?

The Formal Investigation Committee is responsible for conducting the formal investigation, which includes holding a pre-hearing conference, conducting continuous hearings to receive evidence from both parties, and submitting the Formal Investigation Report containing findings and recommendations to the disciplining authority.

How are administrative offenses classified under DepEd Order No. 49, s. 2006?

Administrative offenses are classified into grave, less grave, or light offenses, depending on their gravity and effects on the government service.

What are the penalties for administrative offenses?

The penalties for administrative offenses range from reprimand to dismissal from service, depending on the gravity of the offense and the presence of mitigating, aggravating, or alternative circumstances.

How are penalties determined?

Penalties are determined based on the classification of the offense (grave, less grave, or light), the presence of mitigating, aggravating, or alternative circumstances, and the number of offenses committed. The most serious penalty shall be imposed if the respondent is found guilty of two or more charges.

When does the disciplining authority render a decision on the case?

The disciplining authority shall render a decision on the case within thirty (30) days from receipt of the Formal Investigation Report.

What are the remedies available to parties adversely affected by the decision?

Parties adversely affected by the decision may file a motion for reconsideration with the disciplining authority within fifteen (15) days from receipt of the decision. If the motion is denied or the penalty imposed is more than thirty (30) days suspension or fine exceeding thirty (30) days’ salary, the decision may be appealed to the Secretary of Education (for decisions of Regional Directors) or the Civil Service Commission (for decisions of the Secretary of Education) within 15 days from receipt of the decision.

What are the grounds for filing a motion for reconsideration?

The grounds for filing a motion for reconsideration are newly discovered evidence, lack of evidence to support the decision, or errors of law or irregularities prejudicial to the interest of the movant.

What are the administrative disabilities inherent in certain penalties?

Certain administrative disabilities come with specific penalties. Dismissal carries the cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for reemployment in the government service. Demotion and suspension lead to disqualification for promotion for a specified period. Fine results in disqualification for promotion for a period twice the number of days that the fine is equivalent to, based on the respondent’s salary at the time the decision becomes final and executory.

What are the rights of the respondent in administrative cases?

The respondent has the right to be informed of the charges, the right to counsel, and the right to present evidence in their defense. The DepEd Order No. 49, s. 2006 emphasizes the importance of following the prescribed procedures to ensure fairness and impartiality in handling administrative cases.

Why is it important for educators and education professionals to understand DepEd Order No. 49, s. 2006?

Educators and education professionals must understand and comply with the revised rules to maintain the integrity and efficiency of the education system. By familiarizing themselves with the rules, they can better protect their rights and fulfill their responsibilities in the event of an administrative case.

What is the role of a counsel in administrative proceedings?

A counsel assists the complainant or respondent in the administrative proceedings. They must manifest their appearance orally or in writing, stating their full name, IBP receipt, and exact address where they can be served with notices and other pleadings. If the respondent appears without the aid of a counsel, they shall be deemed to have waived their right thereto.

What is the order of hearing during the formal investigation?

Unless the Formal Investigation Committee directs otherwise, the order of hearing may be as follows: (a) presentation of witnesses and evidence by the prosecution or private complainant, (b) cross-examination through written interrogatories, (c) presentation of evidence by the respondent, and (d) cross-examination of the respondent’s witnesses through written interrogatories.

How are decisions of the Secretary of Education on administrative cases against Presidential Appointees treated?

Decisions of the Secretary of Education on administrative cases against Presidential Appointees are subject to confirmation, modification, or disapproval by the President of the Philippines. The final order or resolution of the President may be appealed to the Court of Appeals under Rule 43 of the Rules of Court.

What happens if the respondent is found guilty of two or more charges?

If the respondent is found guilty of two or more charges, the penalty imposed shall correspond to the most serious charge, and the rest shall be considered as aggravating circumstances.

Can an administrative case affect an employee’s promotion or maternity/paternity benefits?

Pendency of an administrative case shall not disqualify respondents from promotion or from claiming maternity/paternity benefits.

Is there a prohibition on the publicity of administrative cases against teachers?

Yes, no publicity shall be given to any administrative case against a teacher during the pendency of the case.

What happens if the respondent is exonerated from the administrative charges?

If the respondent is exonerated, the penalties imposed shall be lifted, and the respondent shall be reinstated to their former position without loss of seniority rights and with payment of back salaries and benefits.

Can a dismissed or disciplined employee seek executive clemency?

Yes, in meritorious cases and upon recommendation of the Secretary of Education, the President may commute or remove administrative penalties or disabilities imposed upon officers or employees in disciplinary cases, subject to such terms and conditions as they may impose in the interest of the service.

What happens to anonymous complaints under DepEd Order No. 49, s. 2006?

Anonymous complaints are not automatically acted upon under DepEd Order No. 49, s. 2006. Section 8(d) of the Order states that “No action shall be taken on an anonymous complaint, unless the Disciplining Authority decides to adopt the same and file it motu proprio.”

This means that the disciplining authority has the discretion to decide whether to pursue an anonymous complaint or not. If the disciplining authority finds that the anonymous complaint has sufficient merit and substance, they may choose to adopt the complaint and file it as a motu proprio case, meaning that the disciplining authority initiates the administrative proceedings on its own based on the information provided in the anonymous complaint.

However, if the disciplining authority determines that the anonymous complaint lacks sufficient basis or evidence to warrant further action, they may choose not to act upon it. The decision to pursue or not to pursue an anonymous complaint rests solely on the judgment of the disciplining authority.

It is important to note that while anonymous complaints may be considered in certain circumstances, the Department of Education encourages complainants to identify themselves when filing complaints to ensure proper investigation and due process. Providing one’s identity lends credibility to the complaint and allows the disciplining authority to gather additional information or clarifications from the complainant if necessary.

In summary, anonymous complaints are not automatically acted upon under DepEd Order No. 49, s. 2006. The disciplining authority has the discretion to adopt and file an anonymous complaint as a motu proprio case if it finds sufficient merit and substance in the complaint. However, the Department of Education encourages complainants to identify themselves when filing complaints to facilitate proper investigation and due process.

Suggested Citation Template (APA Style): Llego, M. A. (2024, May 5). DepEd Order No. 49, s. 2006: A comprehensive guide to the revised rules of procedure in administrative cases. TeacherPH. Retrieved [Month] [Day], [Year], from https://www.teacherph.com/deped-administrative-cases-comprehensive-guide/

Mark Anthony Llego

Mark Anthony Llego, hailing from the Philippines, has made a profound impact on the teaching profession by enabling thousands of teachers nationwide to access crucial information and engage in meaningful exchanges of ideas. His contributions have significantly enhanced their instructional and supervisory capabilities, elevating the quality of education in the Philippines. Beyond his domestic influence, Mark's insightful articles on teaching have garnered international recognition, being featured on highly respected educational websites in the United States. As an agent of change, he continues to empower teachers, both locally and internationally, to excel in their roles and make a lasting difference in the lives of their students, serving as a shining example of the transformative power of knowledge-sharing and collaboration within the teaching community.

1 thought on “DepEd Order No. 49, s. 2006: A Comprehensive Guide to the Revised Rules of Procedure in Administrative Cases”

  1. How about teacher violated section 262 of the omnibus election code
    Which constitutes administrative offense…what is the penalty for this if found guilty.

    Reply

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