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Localization Law for Public School Teachers Explained




Republic Act No. 8190 or Localization Law. These rules and regulations shall apply to appointment or assignment of teachers in all public schools and other learning centers under the Department of Education (DepEd).

January 18, 2013

DepEd Order No. 3, s. 2013




AMENDED IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 8190 (LOCALIZATION LAW)

To:

Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Units
Regional Directors
Schools Division/City Superintendents
Heads, Public Elementary and Secondary Schools
All Others Concerned




1. For the information and guidance of all concerned, enclosed is a copy of the Amended Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 8190 entitled An Act Granting Priority to Residents of the Barangay, Municipality or City Where the School is Located, in the Appointment or Assignment of Classroom Public School Teachers.

2. Pursuant to Section 9 of this IRR, this Order shall take effect 15 days after its publication in the Official Gazette or in at least one newspaper of general circulation. As such, the IRR took effect on January 12, 2013 since it was published on December 28, 2012 in the Philippine Daily Inquirer.

3. All Orders, Memoranda, and other related issuances inconsistent with this IRR is deemed amended accordingly upon its effectivity.




4. Immediate dissemination of and strict compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC
Secretary


(Enclosure to DepED Order No. 3, s. 2013

AMENDED IMPLEMENTING RULES AND REGULATIONS OF R.A. NO. 8190

“An Act Granting Priority to Residents of the Barangay, Municipality, or City Where the School is Located, in the Appointment or Assignment of Classroom Public School Teachers”

Pursuant to Section 3 of Republic Act No. 8190 otherwise known as “An Act Granting Priority To Resident? of the Barangay, Municipality or City Where The School Is Located, in the Appointment Or Assignment Of Classroom Public School Teachers“, the following amended rules and regulations are hereby prescribed:

Section 1. Definition of Terms

As used herein, the following terms shall be understood to mean:

(a) Teacher refers to a person who meets the minimum requirements for the position as required by law and the standards set by the Department who does actual teaching in classrooms and other learning centers.

(b) Applicant refers to a person who holds a valid certificate of registration/professional license as a teacher from the Professional Regulation Commission (PRC) seeking to be appointed to a Teacher I Position.

(c) Qualified applicant refers to a person who meets the evaluation and selection criteria as prescribed by the Department of Education (DepEd), and who is in the registry of the Schools Division and is a bona fide resident.

(d) Bona fide resident refers to a qualified applicant who is, prior to appointment, resident for a period of at least six (6) months of a particular barangay, municipality, city or province where the school is located, as evidenced by legal documents to be identified by the Department.

(e) Secretary refers to the Department of Education Secretary

(f) Regional Director refers to the Department of Education Regional Director

(g) Protest refers to the administrative complaint filed by an aggrieved applicant (complainant) regarding an appointment or assignment to a Teacher I made by an appointing or assigning authority (respondent).

(h) Appointment refers to the issuance of original appointment of teachers.

(i) Assignment refers to the posting of a teacher in a public school or other learning center.

(j) Registry refers to the official list of qualified applicants in the Schools Division.

Section 2. Coverage

These rules and regulations shall apply to appointment or assignment of teachers in all public schools and other learning centers under the Department of Education.

Section 3. Filling Up of Vacant Positions

In the appointment or assignment of teachers to public schools and other learning centers with vacant teaching positions, priority shall be given to bonafide residents of the barangay, municipality, city or province where the school is located, in no particular order.

Provided, that the teacher possesses all the qualifications for the position as required by law and DepEd Orders.

Provided, further, that among the bonafide residents of the barangay, municipality, city or province where the school or learning center is located, the most qualified shall be given priority.

Section 4. Recruitment and Selection Process

Upon approval of these rules and regulations, applicants who are interested in being appointed or assigned to public elementary or secondary schools and other learning centers located in the place where they are bonafide residents may send their written applications together with the necessary documents, to the school head concerned who shall verify and certify as to the correctness and authenticity of the documents submitted including the proof of place of residence. The school head in turn shall forward the applications to the Office of the schools division superintendent. The Division Office shall maintain a registry which shall be valid for a period of one (1) school year. The Superintendent shall appoint or assign a teacher.

The Secretary of Education shall issue guidelines on the hiring of teachers that shall be consistent with RA 8190 and these implementing rules and regulations.

Section 5. Protest Procedures for Violations of RA 8190

Aggrieved applicants in the registry of the Schools Division may file a protest. The protest, which shall be subscribed and sworn to in the form of a letter-complaint in three (3) copies, shall be filed at the Regional Office within ninety (90) days from the issuance of the appointment.

The Regional Director shall, within seventy-two (72) hours upon receipt of the protest, require the Schools Division Superintendent (SDS) to answer the allegations in the protest within fifteen (15) days, furnishing the protestant a copy thereof.

The Regional Director’s decision may be appealed to the DepEd Secretary within fifteen (15) days upon receipt thereof. Any appeal on the decision of the Secretary shall be filed with the Civil Service Commission.

A protest shall not render an appointment ineffective nor bar the approval thereof by the appointing authority, but the approval shall be subject to the final outcome of the protest.

Section 6. Sanctions

Any person found guilty of violating any of the provisions of RA 8190 and these implementing rules and regulations or any part hereof shall be charged administratively pursuant to RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees and other relevant laws, rules and regulations. Administrative sanctions for any willful violations of RA 8190 and its implementing rules and regulations shall be imposed as follows:

(a) First violation – suspension of one month without pay

(b) Second violation – suspension of two months without pay; and

(c) Third violation and subsequent violation – suspension of six months without pay

Section 7. Separability Clause

Should any provision of this IRR be subsequently declared invalid or unconstitutional, the same shall not affect the validity and effectivity of the other provisions.

Section 8. Repealing Clause

Rules, regulations and issuances which are inconsistent with these rules are hereby repealed, rescinded or amended accordingly.

Section 9. Effectivity

These rules and regulations shall take effect fifteen (15) days after its publication in the Official Gazette or in at least one (1) newspaper of general circulation.

Approved December 20, 2012


REPUBLIC ACT NO. 8190

AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOLTEACHERS.

Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fide residents of the barangay, municipality, city or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law.

Protests regarding the appointment or assignment of classroom public school teachers shall prescribe in three (3) months upon the issuance of such appointments or assignment.

Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and Sports shall impose the following administrative sanctions for any willful violation of this Act: (1) first violation — suspension of one (1) month without pay; (2) second violation — suspension of two (2) months without pay; and (3) third violation and subsequent violations hereof — suspension of six (6) months without pay.

Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations necessary to implement this Act. The DECS shall provide the senate and the House of Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act.

Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved: June 11, 1996

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