Please find the herein Regional Memorandum No. 022, s. 2016 regarding the “Reiteration of the Disciplinary Jurisdiction of the Regional Office ” content of which is self-explanatory.
Immediate and wide dissemination of this Memorandum is desired.
Republic of the Philippines
Department of Education
National Capital Region
Misamis St., Bago Bantay, Quezon City
February 29, 2016
Regional Memorandum No. 22, s. 2016
Reiteration of the Disciplinary Jurisdiction of the Regional Office
This Office has been receiving Fact Finding/Preliminary Investigation Reports where the persons/entities complained of are teaching/ teaching-related personnel and private schools, as an institution. It was likewise-observed that Comments/Answers/Explanations from teaching/teaching-related personnel and private schools are endorsed/submitted before this Office and over which this Office has not directed any investigation or the submission of Comment/Answer/Explanation.
This Office notes that these investigations done or directives sent for the submission of comment/answer/explanation, were without prior authority from this Office.
Jurisdiction is conferred by law and has been defined as the power to hear and decide a particular case or controversy. The lack of authority or jurisdiction to act on a particular matter makes the entire proceeding void as said proceeding has never been tainted with legality. DepEd Order No. 49 s. 2006 provides that the disciplining authority for teaching and teaching-related personnel is the Secretary of the Department or the Regional Director having jurisdiction over the Region. DepEd Order No. 11 s. 2011, likewise confers to the Regional Director jurisdiction to investigate and discipline private schools.
Section 9 of DepEd Order No. 49 s. 2006 elucidates the administrative process on the conduct of Fact Finding/ Preliminary Investigations in-the Department. It is clear that Fact Finding/Preliminary Investigations shall only be conducted when the disciplining authority, which is the Regional Director in this case, has appointed/designated any DepEd Personnel to carry out the investigation. This holds true also with private schools when the latter is being complained of as an institution/entity or when the acts of its officers runs counter to any law or DepEd Issuances.
Though this Office understands that, as Government Agencies, there is a need to act immediately on the public’s concerns, however, the same should be done in compliance with the dictates of legal processes, otherwise, our actions could be open to criticisms and fall when legally challenged.
Our Courts also has consistently invalidated actions rendered and/or committed without or in excess of authority/jurisdiction. It has likewise been resolved that acting on a particular issue without jurisdiction is usurpation of authority/misconduct and may be’ a ground for administrative liability.
This Office maintains that due to the existence of a clear guideline and process in the conduct of Fact Finding/Preliminary Investigations in this Department, the same should be observed to avoid any legal challenges, to preserve the public’s trust in this Department and to protect our personnel from possible administrative liability.
Henceforth, no Fact Finding/Preliminary Investigation shall be initiated or conducted against teaching /teaching-related personnel and private schools and no directives against teaching/teaching-related personnel and private schools to explain why they should not be charged shall be issued without authority from this Office.
STRICT COMPLIANCE IS HEREBY ENJOINED.
PONCIANO A. MENGUITO
Office of the Regional Director
- DepEd Policies on Correction of School Records
- DepEd Core Values Indicators: Concrete Manifestation
- Granting of Vacation Service Credits to Teachers Implementing School Supplemental Feeding Program
- Procurement of Senior High School (SHS) Teaching and Learning Materials
- List of DepEd Officials for Graduation Program