Apprenticeship 2012

NEBRIDA, RJF

Republic of the Philippines

UNIVERSITY OF EASTERN PHILIPPINES
University Town, Northern Samar

COLLEGE OF LAW
APPRENTICESHIP PROGRAM
Summer 2012

DAILY REPORT OF ACTIVITIES/ASSIGNMENTS UNDERTAKEN

DEPARTMENT OF EDUCATION
Division of Northern Samar
Legal Division Bureau

Date: May 4, 7 and 8, 2012 Number of Hours: 15

NATURE OF THE TASK PARTICULARS

1. Preparation of communication The Department of Education, Northern

letters Samar Division Office has recently
adopted Flexi-Time Policy. For its
effective implementation, I was
requested by the immediate supervisor
to make a communication addressed to
all personnel and employees requiring
them to signify their preferred reporting
schedule.

Attached hereto and made an integral

part hereof as Annex A is the copy of
said communication.

I made another communication in

answer to the query posed by the Senior
Class Parents Organization of Bobon
School for Philippine Craftsmen. The
organization seeks the permission of the
Secretary of DepEd so that the
graduating students be allowed to wear
graduation gown (toga) on their
commencement exercises. The query is
made in view of the announcement
made by the division superintendent
prohibiting graduating students from
using graduation gown.

However, considering that the activity

sought to be made has already lapsed,
no action can be taken, contents of said
query are taken due notice.

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Attached hereto and made an integral

part hereof as Annex B is a copy said
letter.

2. Preparation of Office The Office received anonymous letters

Memorandum alleging improper collection of school
fees and mishandling thereof by Imelda
T. Valenzuela, Principal, Pambujan
Central School.

Office Memorandum is made enjoining

said principal to submit an answer to
such allegations. Serious attention is
advised considering that the Office has
been receiving other complaints
involving the same nature against the
same principal.

Attached hereto and made an integral

part hereof as Annex C is a copy of
said office memorandum.

The Office of the Regional Director

requires preferential action on the
charge against Ms. Myra Bato, Head of
Cawayan Integrated School for Alleged
Abuse of Authority and Conduct
Prejudicial to the Best Interest of
the Service.

With this, the Schools Division

Superintendent issued an office
memorandum constituting the Division
Investigation Committee for the conduct
of the investigation.

Attached hereto and made an integral

part hereof as Annex D is a copy of
said office memorandum.

3. Observation/Orientation The Division Office handles 34 school

districts with more or less 300 public
and private schools, elementary and
secondary levels.

The Legal Division Bureaus scope of

work covers step increment, disciplinary
cases involving teaching and non-
teaching employees, extending legal

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assistance and titling of school sites.

Under the new DECS Rules of

Procedure as prescribed by DepEd
Order no. 49, s. 2006 (dated December
12,2006), the disciplining authorities
shall be the Secretary and the
Regional Director. The
Superintendent of Schools shall
also be the disciplining authorities for
administrative actions against non-
teaching personnel in their respective
school divisions.

Administrative Cases

Complaints may be filed at the Division

Office or directly at the Office of the
Regional Director. The Regional
Director will order the conduct of
preliminary investigation or fact-finding
investigation to determine if there is
prima facie case.

The Superintendent will constitute

investigation committee to conduct the
preliminary investigation which shall be
completed within 30 days. The nature of
the investigation is informal, it may be
done through the conduct of question-
and-answer or on basis of documents
submitted.

If there is a prima facie evidence, the

Regional Office will now issue a formal
charge. He will likewise order for the
formal investigation in accordance with
the prescribed mode as set forth in the
Revised Rules of Procedure.

The Division Investigation Committee

conducting the formal investigation has
an automatic composition. Formal
investigation may entail full-blown trial
or submission of position papers.

Thereafter, the committee will submit

their recommendation to the Regional
Director. The latter may or may not
adopt said recommendation. He shall
now issue an order of resolution,
granting, dismissing, remanding or
whatever the case may be. The decision
is appealable to the concurrent
jurisdiction of Civil Service Commission

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and Secretary of Education.

Grievance Committee

When the conflict is between and among

teachers and employees and involves
less serious offenses, the grievance
committee takes cognizance of the same.

While DepEd wield administrative

supervision over all educational
institutions including private schools,
disciplinary jurisdiction is vested in
principal and/or administrator of the
private school. Decisions and sanctions
are appealable to the Regional Office.
However, when the penalty is expulsion,
approval of the Secretary of Education is
needed.

4. Mediation at Philippine It is rather unfortunate that there were

Mediation Center Unit no scheduled hearings for
administrative cases during my stay as
apprentice in this assignment.
Mediation of a certain case, however, is
set on the afternoon of May 8.

The case is Department of

Education v. Sps. Thomas and
Toreana Morris, et al docketed as
Civil case no. C-1228-1234 for
Recovery of Possession and
Ownership. The said case is pending
at the Regional Trial Court Branch 19,
and the same was referred to Philippine
Mediation Center-Catarman Unit by
Presiding Judge Norma Megenio-
Cardenas. The case is being handled by
Mediator Renato V. Esidera.

It has been in the mediation docket for

almost six months now so the counsel
for the DepEd, Atty. Ma. Lourdes
Gutierrez from the Office of Solicitor
General manifested that it be
transmitted back to court for the
continuation of trial. The move is
premised as well on the unwillingness
and reluctance on the part of the
defendants to enter into a compromise
agreement. There is also a pending
motion for the conduct of a relocation

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survey as previously agreed upon by

both parties but no order to that effect
has yet been made by the presiding
judge.

The case is filed in behalf of the

government for the recovery of a school
site located at Brgy, Salhag, Rosario,
Northern Samar.

I hereby certify the correctness of the foregoing report.

ROSARIO JOY FLORES-NEBRIDA

LLB-III

Noted:

ELNA DAPULAG ENANO

DepEd Legal Officer Legal Designate

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