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Topics:

 Part I

 Administrative Discipline
 Part II
 Disciplinary Jurisdiction
 Part III
 Grounds for Disciplinary Action
 Part IV
 DECS Rules of Procedure
Part I: Administrative Discipline

A. Administrative Discipline: Basic Principle

B. Constitutional and Legal Basis for


Administrative Discipline

C. Due Process; Principle; Basis


Of
A. Administrative Discipline: Basic Principle

 Mechanism by which public servants


are made answerable for acts or
omissions committed in the service,
provided--

 Due process is observed


 Security of tenure protected
B. Constitutional and Legal Basis for
Administrative Discipline
 1987 Constitution

 Article IX, B, Sec. 2


 No disciplinary action
except for cause
provided by law
 Article XI, Sec. 1
 Public office - Public trust
 Public servants accountable to people
B. Constitutional and Legal Basis for Administrative
Discipline

 Public servants - must serve with


utmost Responsibility, Integrity,
Loyalty, & Efficiency
– must act with patriotism and
justice and lead modest lives
C. Due Process; Principle; Basis Of

 Principle of Due Process means that before a


party may be held bound by administrative
proceedings, he must--
(a) been impleaded (notified)
(b) given an opportunity to defend his
rights (answer)
 Two (2) aspects of due process
 Substantive
 Procedural
C. Due Process; Principle; Basis Of

 Basis of--
 1987 Constitution (Article III, Sec. 1)

“No person shall be deprived of


life, liberty, or property without due
process of law, nor shall any person
be denied the equal protection of the
laws.”
Part II: Disciplinary Jurisdiction

A. Disciplining Authority;
Department of Education
B. Delegation of Authority
to Investigation
C. Constitution of
Investigating Committee
A. Disciplining Authority; Department of
Education

 Secretary of Education
 Regional Directors in their regions

 School Division Superintendents


are Disciplining Authority for Non-
Academic Personnel (RA 9155)
B. Delegation of Authority to Investigate

 Secretary is duly authorized to discipline


Presidential appointee, subject to
President confirmation
 Investigation Committee (per R.A. 4670)
shall be constituted to conduct the formal
investigation and thereafter report and
recommend to disciplining authority
 It shall deliberate COLLECTIVELY;
NOT INDIVIDUALLY
C. Constitution of Investigating Committee

 Respondent is elementary/secondary,
head principal, district supervisor/
chair/coordinator or Education
Supervisor I
 Schools Division
Superintendent - Chair
 Representative of Teacher
Organization - Member
 Division Supervisor for elementary
or secondary education - Member
C. Constitution of Investigating Committee

 Respondent is Assistant Schools Division


Superintendent, Schools Division Superintendent
or Education Supervisor II
 Regional Director - Chair
 Representative of Division Teachers
Organization - Member

 Regional Supervisor for


elementary or secondary
education - Member
C. Constitution of Investigating Committee

 Respondent is Assistant Regional


Director or Regional Directors
 Secretary of Department of Education -
Chair
 Representative of PPSTA - Member
 Any Regional Director or high ranking
Department of Education Central Officer -
Member
Part III: Grounds for Disciplinary Action
Generally Classified (depending on gravity) into--
 GRAVE
 Dismissal / 6 months - 1 year suspension
 LESS GRAVE
 1st offense - 1 to 6 months suspension
 2nd offense - Dismissal
 LIGHT
 1st oaffense - Reprimand
 2nd offense - Suspension
 3rd offense - Dismissal
GRAVE OFFENSES:

 Dishonesty - 1st/Dismissal
 intenational violation of truth
 there must be intention to
misrepresent/ defraud
 Gross neglect of duty - 1st/Dismissal
 want of any or slight care
 As a rule, must be GROSS, HABITUAL
EXCEPT: Results to Loss - No need
habituality
 Gross neglect of teacher duties
 Special Parental Authority and Responsibilit
Article 218, Family Code--
“The school, its administrators and
teachers, x x x engaged in child care shall
have special parental authority and
responsibility over the minor child while
under their supervision, instruction or
custody.”
 Abandonment - absence from work and
deliberate intent to discontinue to return
 Two (2) Requisites
(a) Absences without authority
(b) Intention not to return
 How to declare ABANDONMENT
 Two (2) Letter Principle
 as soon as a teacher starts to incur
absences continuously without
official leave or authority--
– send 1st letter requiring him to
report immediately and explain;
and
– send 2nd letter informing him of
termination due to abandonment
 Keeping of school records
 BP 232, Sec. 16 (3), Obligation of Teachers--
“Render regular reports on performance of
students x x x.”
 Section 9 (4) and (5) Rights of Students/Parents
“The right of access to school records x x x.”
“The right to issuance of school records x x
x 30 days from request.”
 Grave misconduct - 1st/Dismissal
 willful, improper behavior, and implies wrongful
intent and NOT mere error of judgment
 violation of an established and
definite rule of action
 Misconduct must be a DIRECT
RELATION to and CONNECTED
with performance of official duties
TEACHERS AS PROFESSIONALS

Duly licensed professionals who


possess dignity and reputation with
high moral values as well as technical
and professional competence. In the
practice of their noble profession, they
strictly adhere to observe, and
practice this set of ethical and moral
principles, standard and values.
(Preamble, Code of Ethics for
Professional Teachers)
 Teacher Misconduct

 broad scope of official function of


teachers subject to PROHIBITION
OF MISCONDUCT
“Every teacher shall merit reasonable
social recognition for which purpose he
shall behave with honor and dignity at all
times and refrain from such activities as
gambling, smoking, drunkenness and
other excesses, much less illicit relations.”
(Code of Ethics, Article III, Section 3)

“A teacher shall place premium upon


self-respect and self-discipline as the
principle of personal behavior in all
relationships with others and in all
situations.”
(Code of Ethics, Article XI, Section 2)
“A teacher shall maintain at all times
a dignified personality which could
serve as model worthy of emulation by
learners, peers, and others.”
(Code of Ethics, Article XI, Section 3)
 Joseph Santos vs. NLRC, Hagonoy Institute,
Inc. et al., Supreme Court--
“As a teacher, (one) serves as an example to this
pupils x x x.”
“Consequently x x x teachers must adhere to the
exacting standards of morality and decency. x x x A
teacher, both in his official and personal conduct,
must display exemplary behavior. He must freely
and willingly accept restrictions on his conduct
that might be viewed irksome x x x the personal
behavior of teachers, in and outside the classroom,
must be beyond reproach, x x x they must observe
a high standard of integrity and honesty.”
 More Teacher Misconduct
 BP 232, Section 9 (4), Rights of Students--
“x x x the CONFIDENTIALITY of
which the school shall maintain and
preserve.”
– Covers Classified/Strictly
Confidential Records
(a) personal records
(b) academic records/reports
(c) birth certificates
(d) adoption papers
(e) medical/guidance reports
(f) disciplinary records
– also… disclosing or misusing confidential
information (Section 22)
1st Offense - 6 months to 1 year
2nd Offense - Dismissal
 BP 232, Section 16 (5), Teacher’s Obligation--
– Refrain from making deductions/additions
in grades NOT manifestations of scholastic
performance
Padilla vs. NLRC, SBC, Supreme Court--
“This Court is convinced that the pressure and
influence exerted by (a teacher) on his colleague
to change a failing grade to passing one x x x
constitute serious misconduct which is a valid
ground for dismissing an employee.”
In Celia Flores vs. NLRC, PPSTA - where
employee was involved in brawl/fighting, Supreme
Court said--

“Fighting within company premises is a valid


ground for dismissing an employee. At all events
it was not necessary to determine who started
the fight; what is important is that (the
employee) engaged in a fight in the work
premises x x x.”
 Corporal Punishment - Article 233 (2nd par.)
“In no case x x x inflict corporal
punishment upon the child.”
Definition: An act that inflict pain or
harm upon a child’s body as
punishment for wrong doing usually
through beating and spanking
Elements:
(a) physical contact
(b) to inflict pain
 Sexual Harassment is Grave
Misconduct

 RA 7877: Sexual Harassment--


“x x x teacher x x x having authority, influence,
or moral ascendancy over another x x x in
education environment, demands, requests or
otherwise requires sexual favor from other,
regardless of whether the demand, request or
requirement for submission is accepted x x x.”
 Two (2) Types
– Quid Pro Quo
– Hostile Environment
 Manner - it may be visual, verbal,
or physical, which may be subtle,
obvious or gross
 Sexual Harassment
– not all forms warrant
termination. Dismissal depends
on the gravity of case.
STORY
Sa isang school sa Metro Manila kamakailan:

“Hmmmmmm ang bango ng buhok mo!”


puri ng isang supervisor sa isang magandang
titser na nakasalubong niya sa corridor ng
paaralan.
Ang titser ay nagalit at nagsumbong
kaagad sa kanyang principal: “Gusto ko pong
kasuhan ng Sexual Harassment iyon pong
supervisor,” at ikinuwento ng titser ang
nangyari.
Ang principal nagtatakang nagtanong:
“Ang ibig mong sabihin gusto mong
magsampa ng demanda dahil pinuri ka ng
supervisor na mabango ang buhok mo?”
“Ganon na nga po,” sagot ng titser.
“Eh, wala naman akong nakikitang
masama doon ah, at dapat ka pa ngang
matuwa.”
“Pero Ma’am, iyong supervisor po ay…
“UNANO!”
 Sale
of tickets; collection of contribution/
donations from pupils/parents
 BP 232, Sec. 9 (9) - students have
right to be free from (voluntary)
involuntary contributions
 Improper or unauthorized solicitation
of contributions from subordinate
employees and by teachers or school
officials from school children
“x x x (Department of Education)
considers the act of teachers in x x x
contracting loans from parents of their
students x x x not only serious misconduct
but x x x violation of students’ right to be
free from involuntary contribution x x x.”
- USEC Nachura, 13 Feb. ‘98
 Rule XIV, Sec. 22 (j) - Contracting loans is
Grave Offense
… because reprehensible
behavior such as the use of
trust relationship as leverage
for borrowing money is
involved.
… to avoid exertion of undue
influence by teachers over
the students or their parents
 Other kinds of misconduct

 Employee repeatedly uttered obscene and


insulting statements against his superior
and violated company rules and
regulations (Asian Design and
Manufacturing Corp. vs. DOLE)aa

 Employee repeatedly shouted invectives


at the company’s lady physician for her
refusal to certify his sick leave (Dela Cruz
vs. NLRC)
 Employee challenged his superior officer
to a fight (Luzon Stevedoring Corp. vs. CIR)
 Gross Disrespect connotes serious misconduct
directed against superiors by subordinates is
SERIOUS MISCONDUCT but Gross
Discourtesy connotes the absence of proper
courtesy in dealing with the public he/she is
transacting official business (not GROSS
MISCONDUCT - hence only Less Grave
Offense - 1st/1 to 6 months suspension, 2nd/
Dismissal)
 Notoriously undesirable - 1st/Dismissal
 when a public servant is known to be constantly
and flagrantly violating existing laws, rules and
regulations and which acts are known to and
looked upon with disfavor by the community
 negative attitude toward work, duties and
responsibilities, superiors and proper conduct,
when public servant does not seem to consider
the aforesaid conduct wrong and improper
 Oppression - 1st/6 months to 1 year
suspension, 2nd/Dismissal
 act of cruelty, severity, unlawful exaction,
domination, or excessive use of authority
(Ochate vs. Ty Deling)
 Committed usually by a superior officer over a
subordinate or a public servant over a private
citizen
 Corporal punishment may also be
oppression
 Inefficiency and incompetence in the
performance of duties - 1st/6 months to 1 year
suspension, 2nd/Dismissal

 public servant has consistently shown his


inability to efficiently perform
his duties and responsibilities,
within a common performance
standards
In Evelyn Peña vs. NLRC, Supreme Court said-
-
“xxx school can set high standards of
efficiency for its teachers since quality education
is a mandate of the Constitution x x x”
“xxx Security of tenure, while constitutionally
guaranteed, cannot be used to shield
incompetence xxx.”
 need to continually evaluate teachers
 Unauthorized absences/
tardiness - 1st/6 months to 1 year
suspension, 2nd/Dismissal

 Habitually absent
 2.5 days/month x 3 months in a
semester or 3 consecutive
months in a year
 Habitually tardy
 10x/month at least 2 months in a semester or
2 consecutive months in a year
 Refusal to perform official duty - 1st/6 months to
1 year suspension, 2nd/Dismissala

when a public servant refuses to render service
inherent to his position or when required to do
so by his lawful superiors, without reasonable
excuseaa
 Gross insubordination - 1st/6 months to 1 year
suspension, 2nd/Dismissal
 a deliberate refusal of a subordinate to obey
lawful orders from a superior
 one must follow lawful order of superiors even
if he does not agree with it
 a protest or an appeal is not a legal excuse to
disobey lawful orders
 Conduct prejudicial to the best
interest of service - 1st/6 months to 1
year suspension, 2nd/Dismissal
 conduct of one which will
give a bad image to the
public service
 official participates in
proceedings of promotion
and selection board despite
the fact he is NOT
authorized; such influences
the appointment of relative
is conduct prejudicial
LESS GRAVE OFFENSES:

 Simple neglect of duty


 Simple misconduct
 Gross discourtesy
 Gross violation of Civil
Service Rules
 Insubordination
 Habitual drunkenness
 Recommending any person to a private
enterprise with official business with his office
 Unfair discrimination in
endering public service
 Failure to file sworn
statement of assets,
liabilities
 Failure to resign within 30-
day in private business with
conrflict of interest
LIGHT OFFENSES:

 Discourtesy
 Violation of office rules
 Gambling prohibited
 Borrowing money from subordinates
 Disgraceful/immoral/dishonest
conduct PRIOR to service
 Willful failure to pay just debts
 Refusal to overtime
 Willful failure to pay taxes
 Pursuit of business/profession/vocation
without permission
 Lobbying for personal interest or gain in congress
 Promoting sale of tickets in behalf of
private enterprise
 Failure to act promptly on letters and
requests 15 days from receipt
 Failure to process papers for unreasonable
length of time
 Failure to attend to anyone who wants to avail himself
of services
Part IV: DECS Rules of Procedure

DECS Order No. 33,


Series 1999
(March 30, 1999)
Administrative
Disciplinary Case
 Step 1 - Commenced by:

 Disciplining Authority - MOTU PROPIO


 Any person with an ordinary complaint
filed with Disciplinary Authority

Form of Complaint
 in writing
 under oath
 written in a clear, simple and concise language
Step 1: Commenced by:

Contents of Complaint
 full name/address of
complainant
 Ibid.; as well as position/
office of employment of
respondent
 narration of relevant
and material facts
 no “forum-shopping”
 Step 2 - Determination of PRIMA FACIE CASE

 to determine if there is a sufficient


ground to engender a well-founded
belief that an administrative offense
has been committed and respondent
is probably guilty
 How determined
 fact-finding
 preliminary investigation
Step 2: Determination of Prima Facie Case

FACT FINDING - involve merely the


ex parte examination of records/
documents submitted by complainant;
also other documents available
PRELIMINARY INVESTIGATION -
proceeding whereby complainant and
respondents are given opportunity to
submit affidavits/witnesses/evidence
 Step 3 - FORMAL CHARGE (if prima facie case is
established)

 Content of:
 name of complainant
 name of respondent
 designation of the administrative offenses by
the statute
 acts/omissions complained of
 time of commission
Step 3: Formal Charge

 place of commission
 time for respondent to answer
which shall not be later than 5 days
 query whether respondent prefers
Formal Investigation or decide case
on the records
 inform of respondent’s right to
counsel of choice
 Step 4 - ANSWER

 to be filed with the Disciplining


Authority

Form of ANSWER
 in writing
 Respondent’s answer to charges
 indication whether or not
respondent elects FORMAL
INVESTIGATION
 Step 5 - FORMAL INVESTIGATION

 when held - when respondent has filed


his/her answer or after the period for filing
an answer has expired
 by the Investigating Committee

Note: when investigating committee is


constituted not in accordance with Republic
Act 4670, proceedings shall be VOID.
 Step 6 - PROCEDURE

 Pre-Hearing Conference - to consider and


agree on any of the following:
 dates of hearing
 simplification of issues
 stipulation of facts
 limiting number of
witnesses/names
 ID/marking of evidence
Step 6: Procedure

 Hearing Proper

 note appearances
 complainant
 respondent
 cross-examination
 re-direct; re-cross
 submission of memoranda
within 5 days
Step 6: Procedure

PREVENTIVE SUSPENSION
 Disciplining Authority may in
charges of:
 Dishonesty
 Oppression
 Grave Misconduct
 Neglect
 If there is reason to believe that
respondent is guilty of charges which
would warrant his removal
Step 6: Procedure

– only to be issued after issuance of


Formal Charge
– no more than 90 days
 Step 7 - DECISION

 shall be in writing, personally and


directly `prepared by the Disciplining
Authority and signed by him
 shall contain clearly and distinctly -
statement of facts proved, legal bases
of decision
 to be rendered 30 days from the
submission of the report by
Investigating Committee
Step 7: Decision

FINALITY OF DECISION
 15 days after the receipt of copy; unless
motion for reconsideration or appeal is
perfected
 Regional Director decision final if penalty is--
 reprimand
 suspension of not more than 5 days
 fine equal to 5 days salary
 more than above - shall be appealable to
Secretary
Step 7: Decision

 Regional Director decision subject to


confirmation if--
 6 months without pay
 demotion
 forced resignation
 dismissal
 Secretary Decision Final
 30 days suspension
 salary amount to 30 days
Halley’s Comet
A memorandum, as it goes
down the chain of command in
an educational institution.
SUBJECT : Operation Halley’s Comet
FROM : Chairman of the Board of Trustees
TO : The President

Tomorrow evening at approximately eight (8)


p.m., Halley’s Comet will be visible in this area,
an event which occurs only once every seventy
five (75) years. Have the students fall out in the
football fields in uniforms and I will explain this
rare phenomenon to them. In case of rain, we
will not be able to see anything, so assemble the
students in the auditorium and I will show them
film of it.
FROM : The President
TO : Vice President for Academic Affairs

By order of the Chairman of the Board,


tomorrow, at eight in the evening, Halley’s
Comet will appear above the football field, if it
rains, fall the students out in uniforms. Then
lead them to the auditorium where the rate
phenomenon will take place, something which
occurs only once every seventy five years.
FROM : Vice President for Academic Affairs
TO : College Dean

By order of the Chairman of the Board, in


uniform, at eight o’clock in the evening
tomorrow, the phenomenal Halley’s Comet will
appear in the auditorium. In case of rain, in the
football field, the Chairman of the Board will
give another order, something which occurs
once every seventy five years.
FROM : Dean of College
TO : Academic Coordinators

Tomorrow at eight o’clock in the evening, the


Chairman of the Board will appear in the
auditorium with Halley’s Comet, something
which happens every five years. If it rains, the
Chairman of the Board will order the COMET
into the football area in uniform.
FROM : Academic Coordinators
TO : Department of the Head

When it rains tomorrow at eight in the


evening, the phenomenal, seventy-five year old
Chairman Halley, accompanied by the President
will drive his Comet thru the football field area
theater in uniform.
- END -