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DepEd Order No. 49 s. 2006

DepEd Order No. 49 s. 2006

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Published by: julandmic9 on Jun 19, 2012
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02/12/2014

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REVISED RULES OF PROCEDURE OF THE DEPARTMENT OF EDUCATIONIN ADMINISTRATIVE CASES
 Disciplining Authority
*The disciplining authorities in the Department of Education shall be the Secretary and theRegional Directors in their respective regions.
Disciplining AuthorityFor Disciplinary or Administrative CasesAg
 
ainst:
Superintendents of Schools
 Non-teaching personnel in their respective school divisionsSecretary(*Decisions of the Secretary of Educationover administrative cases against saidPresidential Appointees shall be subject toconfirmation, disapproval or modification by the President of the Philippines.)
Officers and Employees of theDepartment of Education at its CentralOffice
Presidential Appointees (AssistantSuperintendents, Superintendents,Assistant Undersecretaries of Education)
Grounds for Disciplinary Action
1.Dishonesty2.Oppression3.Neglect of Duty4.Misconduct5.Disgraceful and Immoral Conduct6.Being notoriously undesirable7.Discourtesy in the course of officialduties8.Inefficiency and Incompetency inthe performance of official duties
9.
Receiving for personal use of a fee,gift or other valuable thing in thecourse of official duties or inconnection therewith when such fee,gift or other valuable thing is given by any person in the hope or expectation of receiving a favor or  better treatment than that accordedother persons or committing acts punishable under anti-graft laws.10.Conviction of a crime involvingmoral turpitude.11.Improper or unauthorizedsolicitation of contributions fromsubordinate employees and byteachers or school officials fromschool children.12.Violation of existing Civil ServiceLaw and Rules or reasonable officeregulations13.Falsification of official documents14.Frequent unauthorized absence or tardiness in reporting for duty,loafing or frequent unauthorizedabsences from duty during regular office hours.15.Habitual Drunkenness16.Gambling prohibited by law17.Refusal to perform official duty or render overtime service18.Disqualified, immoral or dishonestconduct prior to entering the service19.Physical or mental incapacity or disability due to immoral vicioushabit20.Borrowing money by superioofficers from subordinate or lending by subordinate to superior officers21.Lending money at usurious rates of interest22.Willful failure to pay just debts or willful failure to pay taxes due thegovernment23.Contracting loans of money or other  property from persons with whomthe office of the employeesconcerned has business relations24.Pursuit of private-business, vocationor profession without the permissionrequired by the Civil Service rulesand regulations25.Insubordination26.Engaging directly or indirectly in partisan political activities by oneholding a non political office.27.Conduct prejudicial to the bestinterest of the service28.Lobbying for personal interest or gain in legislative halls or officeswithout authority
 
29.Promoting the sale of tickets in behalf of private enterprises that arenot intended for charitable or publicwelfare purposes and even in thelatter cases of there is no prior authority.30.Nepotism as defined in Section 59,Chapter 8, Subtitle A, Title I, Book V of E.O. No. 29231.Sexual Harassment as defined and penalized under CSC Resolution No.01-0940.*A Grievance Committee is not allowed to hear and decide administrative disciplinarycases. If a complainant charges the respondent with the commission of administrativeoffenses, the same shall be disposed of accordingly by the Disciplining Authority.
 Procedure in Commencing Administrative Cases
Administrative proceedings may be commenced motu proprio by the Secretary of Education,
Administrative proceedings may becommenced by
 
:In case of:
The Regional DirectorDepED officials and teaching and non-teaching personnelThe Schools Division SuperintendentsNon-teaching personnel within their  jurisdiction*Said proceedings may also be commenced upon sworn written complaint of any other  persons.
 Form of Complaint 
Shall be:* Under Oath*Written in a clear, simple, and concise language
Purpose:
To inform the person complained of about the nature and cause of accusationagainst him to enable him to intelligently prepare his defense or answer.
Content of Complaint 
a)Full name and address of the complainant b)Full name and address of the person complained as well as his position and officein the Department of Educationc)A narration of the relevant and material facts which should show the acts or omissions as allegedly committed by the persond)Certified true copies of documentary evidence and affidavit of his witness if any;ande)Certification or statement on non-forum shopping
When and Where to File a Complaint 
*Sworn written administrative complaints may be filed at any time
May be filed with/at:For cases against:
The School SuperintendentsNon-teaching personnel in their respectivedivisionsThe Regional DirectorsTeachers and against their personnel at theirespe
 
ctive regional officesThe Legal Division of the CentralOfficePresidential Appointees and employees at theCentral Office*Secretary of Education can take cognizance of any complaint or administrative cases filed before any office of the Department of Education.
 
Withdrawal of the Complaint 
*Does not result in its outright dismissal nor in the discharge of the person complained of from any administrative liability*Where there is obvious truth or merit to the allegations in the complaint or where there isdocumentary evidence that would tend to prove the guilt of the person complained of, thesame should be given due course.
 Actions on the Complaint 
*The Disciplining Authority concerned shall dismiss outright a complaint if:
On its face, there is obviously no truth or merit to the allegations therein
The same is not in accordance with the required form
It does not comply with the required content of a complaint*If the complaint is sufficient in form and substance, the Disciplining Authority shall givedue course to the complaint by appointing within ten (10) days from receipt of thecomplaint an investigator(s) who shall conduct fact-finding investigation or preliminaryinvestigation.*No action shall be taken on an anonymous complaint, unless the Disciplining Authoritydecides to adopt the same and file it motu proprio.
 Fact-Finding Investigation or Preliminary Investigation
*Shall commence not later than five (5) days from receipt by the investigator(s) of theOrder of the disciplining authority appointing him them as investigator(s) and shall beterminated within thirty (30) days thereafter.The designated investigator(s) shall commence the fact-finding investigation or preliminaryinvestigation:
Within five (5) days from receipt of the appointment of an officer(s) of theDepartment of Education as investigator(s) issued by the disciplining authorityconcerned
By issuing an Order requiring the person complained of to submit within three (3)days from the receipt of the said Order 
Together with: (a) a copy of the complaint and (b) supporting documents thereof,(c) a Counter-Affidavit/Comment under oath and (d) the affidavits of the witnessesof the person complained of with (e) supporting documents, if any*Failure of the person complained of to submit his Counter-Affidavit shall be considered asa waiver thereof.
Upon receipt of the Counter-Affidavit or Comment under oath, the investigator(s)may summon the parties to a conference where the investigator(s) may propoundclarificatory questions. The investigator(s) may also interview any possible witness.
During any hearing conducted for clarificatory questions, the investigator(s) shallmaintain minutes of the proceedings, which shall include the clarificatory questions propounded to the parties and their witnesses and the answers given thereto.
Said minutes which shall be signed by the parties and their counsels, if any, shallform part of the records of the case.
After the termination of the hearing(s) for clarificatory questions, the investigator(s)shall make an ex parte examination of records and documents submitted by thecomplainant and by the person complained of as well as the documents readilyavailable from other government offices.
Investigation Report – Within five (5) days from the termination of the preliminaryinvestigation or fact-finding investigation, the investigator(s) shall submit thecomplete records of the case to the Disciplining Authority together with his/their investigation report which should contain his/their findings and recommendations.

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