The Revised Rules of Procedure of DepEd for Administrative Cases

Arnold G. Onia, Teacher III

Constancio Padilla National High School
Division of San Jose City

Rules of Procedures mean the means and methods whereby causes of action
maybe effectuated, wrongs redressed and relief obtained (Blacks Law Dictionary).
In large context, it is the rule which prescribe the procedure for the protection and
enforcement of all claims arising from the rights and duties created by law. The
Revised Rules of Procedure of Department of Education for Administrative Cases
contained under DepEd Order No. 49 Series of 2006 dated December 12, 2006
supersedes DepEd Order No. 43 series of 2006 dated October 19, 2006. It is the set
of rules and the procedures involve that governs administrative cases against
DepEd Emloyees by providing a procedural system for obtaining redress for the
invasion of rights and violations of duties and by laying out rules as to how suits are
filed, tried and decided upon by the DepEd in exercise of its quasi-judicial functions.
DepEd Rules of Procedure is promulgated by the Secretary of Education
pursuant to its quasi-judicial power delegated by the Congress to Administrative
bodies to promulgate its rules of procedure for the proper exercise of its
adjudicative power and for the guidance of interested parties or party litigants. As
these rules of procedure did not originate from the congress and cannot be in strict
sense be called laws, however, it carries with it the force and effect of law. In spite
of this, in case of conflict with a statute or a law, the statute or law will prevail

because the rules are subordinated to the statute or laws. The technical rules of
procedure and of evidence prevailing in courts of law and equity are not controlling
in administrative proceedings before the DepEd (Agpalo 2005).
Where claims are asserted and reliefs are sought, the proceedings before the
DepEd are instituted by filing of sworn written complaint of any persons, or may be
commended motu proprio by the DepEd Secretary, the Regional Director (RD), in
case of teaching and non-teaching personnel, or the Schools Division
Superintendent (SDS), in case of Non-teaching personnel. The Secretary, Regional
Director and the Schools Division Superintendent are thus named disciplining
authorities. The written complaint shall be under oath and written in a clear, simple
and concise language so as to inform the person complained of, about the nature
and cause of accusation against him to enable him to intelligently prepare his
defense or answer. This is a constitutional right of the accused to know the nature
and cause of the accusation against him. A complaint that does not conform to the
right form therefore should not be given attention and should be treated as a mere
scrap of paper.
When the complaint involves non-teaching personnel of the division, it may
be filed at any time with the SDS. When the complaint involves teachers, it should
be filed with the Regional Director. The SDS or the RD can dismissed outright the
complaint if in its face it does not contain probable cause, or there is obviously no
truth or merit to the allegations. Probable cause is the apparent state of facts found
to exist upon reasonable inquiry which would induce a reasonably intelligent and
prudent man to believe that the accused person had committed the crime charged
(Blacks Law Dictinary).

The disciplining authority will appoint within ten (10) days upon receipt of the
well-founded complaint an investigator to conduct a fact-finding or preliminary
investigation within five (5) days upon his appointment. The fact-finding or
preliminary investigation shall terminate after 30 days. As this stage is fact-finding
and only preliminary, the investigator will make a recommendation whether or not
to formally charge the person complaint of based on the evidence adduced during
his investigation. The Formal Charge shall contain a specification of charge(s), a
brief statement of material or relevant facts, sworn statements of witnesses if any,
and a directive to answer within 72 hours upon receipt of the charge. The
respondent may elect a formal investigation and is entitled to be assisted by a
counsel of his choice. The respondent may be placed under preventive suspension
for not more than 90 days pending formal investigation.
Within five (5) days upon receipt of the respondents answer, the Formal
Investigating Committee composed of the SDS or his duly authorized
representative, a representative of a teachers organization and a Supervisor of the
Division, shall be formed. The hearing shall be held not earlier than five (5) days nor
later than ten (10) days upon constitution of the committee, and shall be
terminated within 30 days. The hearing shall be recorded and no publicity shall be
given during the pendency of the case. The committee may compel witnesses to
attend the hearing or records to be presented. The committee shall forward its
recommendation to the disciplining authority within 15 days upon the termination of
the hearing. The disciplining authority shall render its decision within 30 days from
receipt of the recommendation of the committee. The parties, complainant and
respondent, are not entitled to a copy of the recommendation of the committee.
Decision of the disciplining authority may be or may not be subject for

reconsideration or appeal depending on the duration of the penalty corresponding

to the offense. Offenses listed under the DepEd Order are classified into grave, less
grave or light. Penalties may include reprimand, suspension, fine or dismissal from
service, with disability/accessory administrative penalties including cancellation of
eligibility, forfeiture of retirement benefits, disqualification from government
service, from promotion of bar from taking civil service exam.

Reference:
1. DepEd Order No. 49, Series 2006, dated December 12, 2006
2. Administrative Law, Law on Public Officers and Election Law by Ruben Agpalo,
Rex Bookstore, 2005 Edition
3. Black Law Dictionary, 4th Edition, West Publsihing Co., 1968