DepEd Teaching and Non-Teaching Related Issues and Concerns
REITERATING ADHERENCE TO AND STRICT COMPLIANCE OF THE DEPARTMENT OF EDUCATION’S POLICIES ON TEACHING AND NON-TEACHING RELATED ISSUES AND CONCERNS
Consistent with the Department of Education’s policies concerning teaching and non teaching related issues and concerns, TeacherPH reiterates adherence to and strict compliance with the provisions of these issuances.
All school personnel are also advised to strictly enforce and observe Civil Service Commission laws and DepED issuances related to teaching and non-teaching related issues and concerns.
Civil Service Commission and Department of Education’s Issuances Concerning Teaching and Non-Teaching Personnel
TeacherPH reiterates the following policies, guidelines and standards of teaching and non-teaching personnel to wit:
(References: Omnibus Rules Implementing Title I, Subtitle A, Book V of the Administrative Code of 1987, Civil Service Commission Memorandum Circular No. 16, s. 2010, CSC MC 23, s. 1998, CSC MC No. 17, s. 2010, Book V of Executive Order 292 and Omnibus Rules, CSC MC No. 40, s. 1998, CSC MC No. 15, s. 1999, DECS Service Manual 2000, MECS Order No. 9, s. 1985, RA 6713 – Code of Conduct and Ethical Standards, RA 4670 entitled Magna Carta for Public School Teachers, RA 2260, known as “Civil Service Act of 1959”, PD 807, Punishing Violations of Existing Civil Service Law and Rules, MECS Order No. 10, s. 1985, MECS Memorandum No. 143, s. 1985, Memorandum No. 35, s. 1970)
1.1 ALL TEACHING AND NON-TEACHING PERSONNEL are required to utilize the Biometrics and attendance logbook for daily log in and log out (15 minutes before the time in the morning, log out during noon break not earlier than 12:00 noon, log in after noon break not earlier than 12:30 P.M. and log out in the afternoon after 15 minutes from the prescribed time).
1.2 Section 5, Rule XVII of the Omnibus Rules Implementing Title I, Subtitle A, Book V of the Administrative Code of 1987 states that:
“Officers and employees of all department and agencies except those covered by special laws SHALL RENDER NOT LESS THAN EIGHT HOURS (8 hrs.) of work for five (5) days a week of forty hours a week, exclusive of time for lunch. As a general rule, such hours shall be from eight o’clock in the morning (8:00 AM) to twelve noon (12:00 NN) and from one o’clock in the afternoon (1:00 PM) to five o’clock in the afternoon (5:00 PM) on all days except Saturdays, Sundays and Holidays.”
1.3 Section 8, Rule XVIII of the Omnibus Implementing Title I, Subtitle A, Book V of the Administrative Code of 1987, as amended, provides that:
1.3.1 Habitual Absenteeism. This happens when the employee incurs unauthorized (read: no approved/official leave) absences for more than 2.5 days for at least 3 months in a single semester, or for three (3) consecutive months in a year;
1.3.2 Habitual Tardiness. This happens when the employee is tardy for at least ten (10) times in a month for two (2) months in a single semester; or 10 times in a month for two (2) consecutive months in a single year. Take note that, technically 8:01 AM is already considered tardy.
The 15-minute “grace period” known and commonly practiced among government offices has NO BASIS in law or CSC regulation; and
1.3.3 Loafing. An employee is guilty of loafing if he/she incurs frequent unauthorized absences from duty during office hours. A simple (yet very real) example of this is when a government employee does personal shopping at mall during office hours. Likewise, an official monitoring schools without an Authority to Travel is also considered a violation of loafing.
1.4 Civil Service Commission Memorandum Circular No. 16, s. 2010 promulgates the guidelines on Undertime which mentions that undertime is not classified as tardiness. It states that any officer or employee who incurs undertime, regardless of the number of minutes/ hours, ten (10) times a month or at least two months in a semester or at least two (2) consecutive months during the year shall be liable for a Simple Misconduct and/ or Conduct Prejudicial to the Best Interest of the Service, as the case maybe.
1.5 Under CSC MC 23, s. 1998, Tardiness refers to the failure of an employee to report for work or resume for work on time. Any official or employee shall be considered habitually tardy if he/she incurs tardiness regardless of minutes per day, ten times a month for Two (2) consecutive months or Two (2) months in a semester during the year. He is subject to disciplinary action: 1st offense is reprimand, 2nd offense is suspension for 1 day to 30 days and 3rd offense is DISMISSAL.
1.6 CSC MC No. 17, s. 2010 provides guidelines on Half Day Absence with conditions that any officer or employee who is absent in the morning is considered to be tardy and is subject to the provision on Habitual Tardiness and any officer or employee who is absent in the afternoon is considered to have incurred undertime, subject to the provision on Undertime.
1.7 An employee who has incurred UNAUTHORIZED ABSENCES, exceeding the allowable 2.5 days monthly leave credit under the Leave Law for at least three (3) months in a semester or at least three (3) consecutive months during the year shall be considered habitually absent. Those who incur habitual absence is subject six (6) months and one (1) day to one (1) year suspension on the first offense and Dismissal on the second offense,
1.8 There shall be no off-setting of tardiness or absences by working for an equivalent number of minutes or hours by which an officer or employee has been tardy or absent, beyond the regular working hours of the employees concerned.
1.9 MECS Order No. 9, s. 1985 dated January 20,1985 – Strict Enforcement of Civil Service Rules on Attendance.
1.9.1 Teachers who do not report to duty shall be marked absent
1.9.2 The corresponding deductions shall be made from their salary
1.10 Heads of office shall be responsible for the attendance of their personnel. (Book V of Executive Order 292 and Omnibus Rules, CSC MC No., 40, s. 1998, CSC MC No. 15, s. 1999 and DECS Service Manual 2000)
1.11 RA 6713 – Code of Conduct and Ethical Standards Section 4 (a) states that, “Commitment to Public Interest – Public officers and employees shall always uphold the public interest over and above personal interest…”
1.12 RA 4670 entitled Magna Carta for Public School Teachers Section 27 stipulates Freedom to Organize stating that “Public school teachers shall have the right to freely and without previous authorization both the establishment and to join organizations of their choosing, whether local or national, to further defend their interest.”
1.13 RA 2260, known as “Civil Service Act of 1959 in Relation to Sec. 36 of PD 807, Punishing Violations of Existing Civil Service Law and Rules. Also BANS STRIKES, to wit:
Limitation on the Right to Strike – it is declared to be the policy of the government that employees therein shall not strike for the purpose of securing changes in their terms and conditions of employment
1.14 MECS Order No. 10, s. 1985 dated January 31, 1985 – Reiterating Regulations Related to Class Disruptions.
(a) Teachers may participate in organization activities outside of office hours, or within office hours provided they have the PERMISSION of the School Superintendent. They should however refrain from conduct prejudicial to the service which are subject to disciplinary action.
(b) Superintendents and Principals to check attendance of teachers. Those who are absent without prior approval by the official concerned, or who refuse to perform their functions should be subjected to corresponding administrative sanctions.
1.15 MECS Memorandum No. 143, s. 1985 – Violations of Civil Service Regulations on Strike and Absences stipulates that, persons who go on strike shall be replaced as soon as feasible to do so under Civil Service rules.
1.16 Memorandum No. 35, s. 1970 of the Bureau of Public Schools also provides that the concerted action of the teachers of leaving their classes without due permission from the school superintendent or without prior approval of an application for leave, can be considered “a strike” and therefore subject to administrative action conformably to Civil Service rules and regulations.
2. NUMBER OF TEACHING HOURS
(Reference: RA 4670 – The Magna Carta for Public School Teachers)
2.1 For Teaching Personnel, a maximum of six (hours) teaching load and two (2) hours for teaching related activities shall be considered as a regular working hours per day.
2.2 Teaching Hours. Sec. 13 of RA 4670 otherwise known as The Magna Carta for Public School Teachers. Any teacher engaged in actual classroom instruction shall not be required to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to give him time for the preparation and correction of exercises and other work incidental to his normal teaching duties: Provided, however, that where the exigencies of the service so require, any teacher may be required to render more than six hours but not exceeding eight hours of actual classroom teaching a day upon payment of additional compensation at the same rate as his regular remuneration plus at least twenty-five per cent of his basic pay.
3. VACATION/SICK LEAVE
(Reference: Rule XVI of the Omnibus Rules Implementing Title I, Subtitle A, Book V of the Administrative Code of 1987)
3.1 Sections 51 and 53, Rule XVI of the Omnibus Rules Implementing Title I, Subtitle A, Book V of the Administrative Code of 1987 on cases of Vacation and Sick Leaves states that:
3.1.1 SEC. 51. Application for Vacation Leave. All applications for vacation leave of absence for one (1) full day or more shall be submitted on the prescribed form for action by the proper head of agency five (5) days in advance, whenever possible, of the effective date of such leave.
3.1.2 SEC. 53. Application for Sick Leave. All applications for sick leave of absence for one full day or more shall be made on the prescribed form and shall be filed immediately upon employee’s return from such leave…”
3.2 Only non-teaching personnel shall be afforded sick leave of absence and vacation sick leave of absence. Teaching personnel may be allowed to have leave of absence using their accrued Service Credits.
4. ATTENDANCE TO FLAG CEREMONY
(References: RA No, 8491 – The Flag and Heraldic Code of the Philippines, DepEd Order No. 50, s. 2015 – Observance/Conduct of Flag Raising and Lowering Ceremonies and Proper Sequence in Official DepEd Programs Involving the Singing of the Philippine National Anthem)
4.1 Republic Act No. 8491, the Flag and Heraldic Code of the Philippines states that attendance of employees to the flag raising ceremony every Monday is strictly enjoined.
4.2 DepEd Order No. 50, s. 2015, Flag Raising Ceremonies
4.2.1 All officials and employees from the central, regional, schools division offices and public schools nationwide, including all public school learners who have morning classes, are required to join the conduct of Flag Raising Ceremonies with the following sequence:
Singing of Lupang Hinirang;
Recitation of Panunumpa ng Katapatan sa Watawat ng Pilipinas; and
Recitation of Panunumpa ng Lingkod Bayan by all Department officials and employees only.
4.3 DepEd Order No. 50, s. 2015, in the conduct of Flag Raising Ceremonies in private schools or “faith-based” learning institutions, however, the foregoing sequence with respect to the singing of the Philippine National Anthem and Invocation need not be observed. Thus, the invocation is optional or may be done prior to the singing of the Philippine National Anthem. In either case, the recitation of the Panunumpa ng Katapatan sa Watawat ng Pilipinas should follow.
4.4 DepEd Order No. 50, s. 2015, the flag shall be raised in strict compliance with Section 21 of RA 8491 which provides:
4.4.1 Section 21. During the flag raising ceremony, the assembly shall stand in formation facing the flag. At the moment the first note of the anthem is heard, everyone in the premises shall come to attention; moving vehicles shall stop. All persons present shall place their right palms over their chests, those with hats shall uncover, while those in military, scouting, security guard, and citizens military training uniforms shall give salute prescribed by their regulations, which salute shall be completed upon the last note of the anthem.
4.4.2 The assembly shall sing the Philippine National Anthem, accompanied by a band, if available, and at the first note, the flag shall be raised briskly.
4.4.3 The same procedure shall be observed when the flag is passing in review or in parade.
4.5 DepEd Order No. 50, s. 2015, Official Programs Involving the Singing of the Philippine National Anthem
4.5.1 In case of official DepEd programs conducted in the central, regional, schools division offices and public schools nationwide involving the singing of the Philippine National Anthem, the singing of the Lupang Hinirang should be done before the Invocation at the start of the program proper. The Panunumpa ng Katapatan sa Watawat ng Pilipinas and the Panunumpa ng Lingkod Bayan need not be recited.
4.5.2 In programs held in private schools, “faith-based” learning instutions, and other gatherings religious in nature, however, the invocation is optional or may be done prior to the singing of the Philippine National Anthem at the start of the program proper.
4.6 DepEd Order No. 50, s. 2015, Flag Lowering Ceremonies
4.6.1 Consistent with Section 18 of RA 8491, all central, regional, schools division offices and public and private schools nationwide shall henceforth observe the Flag Lowering Ceremonies every Friday afternoon. The Ceremony shall be simple and dignified and shall include the playing or singing of the Philippine National Anthem. The flag shall be lowered in strict compliance with Section 22 of the same law which provides:
4.6.2 Section 22. During the flag lowering, the flag shall be lowered solemnly and slowly so that the flag shall be down the mast at the sound of the last note of the anthem. Those in the assembly shall observe the same deportment or shall observe the same behavior as for the flag-raising ceremony.
5. MOONLIGHTING AND PRIVATE PRACTICE OF PROFESSION
(References: CSC Memorandum Circular No. 5, s. 1996 and other CSC Circulars, Section 12 of Rule XVIII of the Revised CSC Policies, Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees and Republic Act No. 3019 otherwise known as Anti-Graft and Corrupt Practices Act)
5.1 There shall be absolutely NO TEACHING by government officials and employees during office hours (6 hours actual teaching and additional 2 hours to complete the 8 hours required) even if the time spent is covered by corresponding vacation leave.
5.2 Permission to teach maybe granted only for subjects or courses which are related to the particular field of work of the official or employee concerned or for special fields or subjects where there is a dearth of qualified teachers.
5.3 If permission is to be granted, teaching load shall be limited to twelve (12) hours a week, and in no case shall a government officer or employee be allowed to teach more than three (3) hours a day on regular working days (Monday to Friday).
5.4 No official or employee shall be allowed to teach in any school or institution over which he/she directly or indirectly exercise jurisdiction, control, supervision, or influence by reason of his office or position in the government in contemplation of the Anti-Graft and Corrupt Practice and the prohibited Acts under the Code of Ethics
5.5 Officials and employees applying for permission to teach must be physically fit in order not to prejudice the performance of their duties, and for this purpose, they shall submit with their application a record of their physical and medical examination showing such fitness, duly certified by a government physician.
5.6 Pursuant to part E of DepED Order No. 5, s. 2008, the Schools Division Superintendents are the approving authorities on requests for permission to teach or practice of profession by school personnel and Division Office personnel.
5.7 Request for teachers for permission to teach or practice of profession shall be accompanied by a statement of his/her official loads with schedule, signed by the school heads.
5.8 To ensure compliance to load limitation, the applicant shall submit a certification from the authorized official of the private school or entity, where the profession is to be practiced, as to his/her loads with corresponding number of units and the schedule, addressed to the concerned Schools Division Superintendent.
5.9 The permission shall be good for one school year except for college/graduate teaching which shall be on a semestral basis.
5.10 Permission to teach maybe withdrawn or revoked at any time whenever the exigencies of the service so requires, or if the herein conditions prescribed has been violated. This is without prejudice to administrative disciplinary action for violation hereof and in case of misrepresentations on the part of the applicant.
5.11 Relative to this, NO official or employee shall hold any school, college, or university any position or assignment involving management or administrative duties and responsibilities.
6. TRANSFER OF STATION
(References: DepED Order No. 22, s. 2013 (Revised Guidelines on the Transfer of Teachers from One Station to Another), DepED Order No. 7, s. 2015 (Hiring Guidelines for Teacher I Position) and DepED Order No. 22, s. 2015 (Hiring Guidelines for the Remaining Teaching Positions)
6.1 DepED Order No. 22, s. 2013 (Revised Guidelines on the Transfer of Teachers from One Station to Another), DepED Order No. 7, s. 2015 (Hiring Guidelines for Teacher I Position) and DepED Order No. 22, s. 2015 (Hiring Guidelines for the Remaining Teaching Positions) state that:
6.1.1 Upon a teacher’s appointment, assignment to a station, and acceptance of the position, he or she shall not be transferred to another school until after rendering at least three (3) years of service on that school.
6.1.2 The same provision shall apply for school unless exigency of service maybe invoked by the office.
7. AUTHORITY TO TRAVEL
7.1 As a matter of office policy as well as DBM Circulars and COA Rules and Regulations, there is a need that all DepED personnel should seek an approved AUTHORITY TO TRAVEL from the Head of Agency (in particular the Schools Division Superintendent) whenever personnel get out from his authorized/official station.
7.2 Authority to Travel maybe issued by other DepED officials ONLY upon the authorization from the Schools Division Superintendent.
8. PERFORMANCE RATING
(References: DepED Order No. 2, s. 2015 – Guidelines on the Establishment and Implementation of the Results-Based Performance Management System (RPMS) in the Department of Education, Rule XII of the Revised Omnibus Rules on Appointments and Other Personnel Actions)
8.1 DepED Order No. 2, s. 2015 entitled Guidelines on the Establishment and Implementation of the Results-Based Performance Management System (RPMS) in the Department of Education provides the following provisions:
8.1.1 Rating Periods
126.96.36.199 Teaching Personnel – School Year basis (June to March)
188.8.131.52 Non-Teaching Personnel – Calendar Year basis (January to December)
8.1.2 Mid-Year Performance Review and Evaluation
184.108.40.206 Teaching Personnel – October
220.127.116.11 Non-Teaching Personnel – July
8.1.3 Year-End Performance Review and Evaluation
18.104.22.168 Teaching Personnel
Teachers – April
School Heads, Education Program Supervisors, Public Schools District Supervisors – May
22.214.171.124 Non-Teaching Personnel – December
8.1.4 Submission of Office Performance Commitment and Review Form (OPCRF)/lndividual Performance Commitment and Review Form (IPCRF)
126.96.36.199 Teaching Personnel – not later than June 30
188.8.131.52 Non-Teaching Personnel – not later than January 31
8.2 Section 2, Rule XII of the Revised Omnibus Rules on Appointments and Other Personnel Actions, as amended states that, “Dropping from the Rolls. Officers and employees who are either habitual absent or have unsatisfactory or poor performance or have shown to be physically and mentally unfit to perform their duties maybe dropped the rolls…”
8.3 As stated in the above section, failure of any government personnel to undergo performance evaluation at the end of the Performance Review and Evaluation Cycle shall be a ground for DROPPING FROM THE ROLLS for non-acquisition of the performance rating of any personnel.
9. SCHOOLS IN-SERVICE TRAINING (INSET) AND SCHOOL LEARNING ACTION CELLS (SLACS) INCLUDING GENDER AND DEVELOPMENT (GAD) SEMINARS/TRAININGS
(Reference: DepED Order No. 35, s. 2016 “The Learning Action Cell as a K to 12 Basic Education Program School-Based Continuing Professional Development Strategy for the Improvement of Teaching and Learning“)
9.1 School In-Service Trainings (INSET) as well as Gender and Development (GAD) trainings shall be allowed to be conducted by the office with the following conditions, to wit:
9.1.1 For INSETs, Training Proposal should be submitted with attached results of the Training Needs Assessment (TNA).
9.1.2 For GAD trainings, Training Proposal should be submitted with attached approved GAD plan and budget.
9.1.3 DepED personnel tapped to be resource speakers and facilitators are NOT ENTITLED TO HONORARIUM as per DepED and COA rules.
9.1.4 GAD funds are not eligible for realignment purposes. These funds should be utilized specifically for the program it was allocated.
9.1.5 The conduct of INSETs and GAD trainings shall be during Summer, Semestral and Christmas Breaks ONLY.
9.2 DepED Order No. 35, s. 2016 “The Learning Action Cell as a K to 12 Basic Education Program School-Based Continuing Professional Development Strategy for the Improvement of Teaching and Learning” mandates the conduct of School Learning Action Cells (SUACs) during the school year for all schools with the following conditions:
9.2.1 School Heads shall conduct Training Needs Assessment (TNA).
9.2.2 Based on the TNA results, the school heads shall prepare comprehensive plans for SLACs from June to March duly approved by the office.
9.2.3 NO MOOE funds and canteen funds should be utilized in the conduct of SLACs.
9.2.4 SLACs should be held either on the first or second Fridays of the month from 3:00 PM to 5:00 PM following the Reduced Friday Class Program (RFCP).
9.2.5 Tap the expertise of the teachers within the school.
10. NO COLLECTION POLICY
(References: DepED Memorandum No. 143, s. 2016 “Reiteration of the No Collection Policy from the Parents-Teachers Association” and DepED Order No. 41, s. 2012 “Revised Guidelines on the Opening of Classes“)
10.1 DepED Memorandum No. 143, s. 2016 “Reiteration of the No Collection Policy from the Parents-Teachers Association” and DepED Order No. 41, s. 2012 “Revised Guidelines on the Operation of Classes” stipulate the following provisions:
10.1.1 For Kinder to Grade 4 Levels – NO COLLECTION of any fees
10.1.2 For Grade 5 to High School Levels – NO COLLECTION of any type DURING ENROLMENT period up to the FIRST (1st) MONTH of classes.
10.1.3 Starting SECOND (2nd) MONTH of every school year, AUTHORIZED CONTRIBUTIONS may be collected on a VOLUNTARY BASIS ONLY.
10.1.4 NO teacher, school officials nor school personnel, shall collect fees or contributions, nor shall they be entrusted with the safekeeping and disbursement of collections made by the PTA.
10.1.5 In no case shall non-payment of voluntary school contributions or membership fees be made a basis for non-admission, non-promotion or non-issuance of clearance to a student by the school concerned.
11. SCHOOL MAINTENANCE AND OTHER OPERATING EXPENSES (MOOE) ELIGIBLE EXPENSES
(Reference: DepED Order No. 13, s. 2016 “Implementing Guidelines on the Direct Release and Use of MOOE Allocation of Schools Including Funds Managed by School“)
11.1 DepED Order No. 13, s. 2016 entitled “Implementing Guidelines on the Direct Release and Use of MOOE Allocation of Schools Including Funds Managed by School” stipulates the following provisions, to wit:
11.1.1 Activities are only those identified in the approved SIP and determined in the AIP
11.1.2 Expenses for school-based training and activities
11.1.3 Expenses on special curricular programs (advocacy, capacity building, learning environment, learner development, research)
11.1.4 Expenses pertaining to graduation rites, moving up and recognition activities
11.1.5 Procurement of school supplies and other consumables for teachers and learners deemed necessary
11.1.6 Rental and minor repairs of tools and equipment deemed necessary for the conduct of teaching and learning activities
11.1.7 Wages of full-time janitorial, transportation, and security services
11.1.8 Utilities (electricity and water) and communication (telephone and internet) expenses
11.1.9 Reproduction of teacher-made activity sheets or exercises that were downloaded from the Learning Resource Management and Development System (LRMDS)
11.1.10 Procure small capital expenditure items worth Phl5,000.00 as provided in the new Government Accounting Manual (GAM)
12. EDUCATIONAL FIELD TRIPS AND OTHER SIMILAR ACTIVITIES
(Reference: DepED Memorandum No. 47, s. 2017 “Moratorium on DepED Educational Field Trips and Other Similar Activities“)
12.1 DepED Memorandum No. 47, s. 2017 otherwise known as Moratorium on DepED Educational Field Trips and Other Similar Activities provides the following provisions:
12.1.1 In line with the review of DepED’s policies on field trips, a moratorium on field trips is currently in effect. DepED officials and personnel SHALL NOT ENDORSE ANY PLANS, PROPOSALS AND INTENTIONS relative to the conduct of field trips.
12.1.2 Schools where all arrangements have been set up including approved field trips prior to the moratorium may proceed provided that existing guidelines are strictly observed.
13. DRESS CODE FOR GOVERNMENT OFFICIALS AND EMPLOYEES
(Reference: CSC Memorandum Circular No. 19, s. 2000)
13.1 Official Attire. …respective office uniforms as prescribed by the different government agencies shall be the official attire of all government officials and employees, which shall be worn in accordance with their assigned schedule….
13.2 Appropriate Attire. On those days when there is no prescribed office uniform for the day, employees shall be dressed in appropriate business attire. The wearing of “maong” pants, although generally prohibited, may be considered as appropriate attire when paired with a collared polo/shirt (for male employees), or any appropriate blouse or shirt (for female employees).
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