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DepEd Administrative Cases: Remedies for Respondents Under DepEd Order No. 49, s. 2006

Understanding the remedies available to respondents in administrative cases within the Department of Education (DepEd) is crucial for educators, education professionals, and stakeholders. DepEd Order No. 49, s. 2006, also known as the Revised Rules of Procedure of the Department of Education in Administrative Cases, outlines the procedures and remedies available to respondents who are adversely affected by decisions in administrative cases.

Decisions and Their Implications

Decisions by the Secretary of Education

The Secretary of Education has the authority to make decisions in administrative cases against both Presidential Appointees and non-Presidential Appointees.

  1. Cases against Presidential Appointees: Decisions made by the Secretary of Education in administrative cases against Presidential Appointees, such as Assistant Secretaries, Undersecretaries, and Regional Directors, are subject to confirmation, modification, or disapproval by the President of the Philippines. The final Order or Resolution of the President is subject to a Motion for Reconsideration or an appeal to the Court of Appeals under Rule 43 of the Rules of Court.
  2. Cases against Non-Presidential Appointees: Decisions made by the Secretary of Education in administrative cases against non-Presidential Appointees are final and executory if the penalty imposed is suspension for not more than thirty (30) days or a fine not exceeding thirty days’ salary. If the penalty exceeds these limits, the decision becomes final and executory after the lapse of the reglementary period for filing a Motion for Reconsideration or an Appeal to the Civil Service Commission, provided no such pleading has been filed.

Decisions by the Regional Director

Regional Directors have the authority to make decisions in administrative cases within their respective regions.

  1. Penalty of Removal: Decisions made by the Regional Director that impose a penalty of removal are subject to confirmation, modification, or disapproval by the Secretary of Education. The decision, as confirmed, modified, or disapproved, may be subject to a Motion for Reconsideration filed with the Secretary of Education or an Appeal to the Civil Service Commission.
  2. Penalty of Suspension or Fine: Decisions made by the Regional Director that impose a penalty of suspension for not more than thirty (30) days or a fine not exceeding thirty days’ salary are final and executory. However, if the penalty exceeds these limits, the decision becomes final and executory after the lapse of the reglementary period for filing a Motion for Reconsideration or an Appeal, provided no such pleading has been filed.

Remedies Available to Respondents

Motion for Reconsideration

  1. Filing procedure and timeline: A Motion for Reconsideration must be filed with the disciplining authority who rendered the decision within fifteen (15) days from receipt of the decision.
  2. Grounds for filing: The grounds for filing a Motion for Reconsideration include:
    • New evidence has been discovered that materially affects the decision rendered;
    • The decision is not supported by the evidence on record; or
    • Errors of law or irregularities have been committed that are prejudicial to the interest of the movant.
  3. Limitation and effect of filing: Only one Motion for Reconsideration shall be entertained. The filing of a Motion for Reconsideration within the reglementary period stays the execution of the decision sought to be reconsidered.

Appeal

  1. Filing procedure and timeline: Decisions of the Regional Directors imposing a penalty exceeding thirty (30) days suspension or a fine exceeding thirty days’ salary may be appealed to the Secretary of Education within fifteen (15) days from receipt of the decision. The decision of the Secretary of Education may then be appealed to the Civil Service Commission.
  2. Appeal fee and perfection of appeal: To perfect an appeal, the appellant must submit the following within fifteen (15) days from receipt of the decision:
    • Notice of appeal;
    • Three copies of the appeal memorandum;
    • Certified true copy of the decision, resolution, or order appealed from;
    • Proof of service of the appeal memorandum to the disciplining office;
    • Proof of payment of the appeal fee (Three Hundred Pesos); and
    • A statement or certificate of non-forum shopping.
  3. Effect of filing an appeal: An appeal does not stop the decision from being executory. 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 the event the appeal is successful.

Other Considerations

  1. Remanding of cases for violation of respondent’s right to due process: If a case on appeal with the Civil Service Commission is remanded to the proper disciplining authority for further investigation due to a violation of the respondent’s right to due process, the disciplining authority must finish the investigation within sixty (60) days from the date of receipt of the records from the Commission, unless an extension is granted in meritorious cases.
  2. Petition for review with the Court of Appeals: A party may elevate a decision of the Civil Service Commission before the Court of Appeals by way of a petition for review under Rule 43 of the 1997 Revised Rules of Court.
  3. Recommendation for executive clemency: 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 the President may impose in the interest of the service. The petition for a favorable recommendation for the grant of executive clemency may be filed by a dismissed or disciplined employee with the Department of Education, subject to the submission of required documents and proof of payment of the filing fee.

Conclusion

DepEd Order No. 49, s. 2006, provides a comprehensive framework for the remedies available to respondents in administrative cases within the Department of Education. By understanding the procedures and options outlined in this Order, educators, education professionals, and stakeholders can effectively protect their rights and ensure that due process is followed throughout the administrative case process. It is essential for all parties involved to familiarize themselves with the provisions of the Order to navigate the system efficiently and seek appropriate remedies when necessary.

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.

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