DECS Order No.11, s.

1987- An Act Granting Priority to Residents of the Barangay,

Municipality or City where the School is Located, in the Appointment or Assignment of
Classroom Public School Teachers

[ REPUBLIC ACT NO. 8190, June 11, 1996 ]

AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY,
MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE
APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOL TEACHERS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress

assembled:

SECTION 1. In the appointment or assignment of teachers to public elementary or secondary

schools, priority shall be given to bona fide residents of the barangay, municipality, city or
province where the school is located: Provided, That the teacher possesses all the minimum
qualifications for the position as required by law.
Protests regarding the appointment or assignment of classroom public – school teachers shall
prescribe in three (3) months upon the issuance of such appointment or assignment.

SEC. 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture and
Sports shall impose the following administrative sanctions for any willful violation of this
Act: (1) first violation – suspension of one (1) month without pay; (2) second violation –
suspension of two (2) months without pay; and (3) third violation and subsequent violations
hereof – suspension of six (6) months without pay.

SEC. 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules
and regulations necessary to implement this Act. The DECS shall provide the Senate and the
House of Representatives a copy of the rules and regulations within ninety (90) days after
approval of this Act.

SEC. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof
inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 5. This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation.
Approved, June 11, 1996.

The Order provides the guidelines to be followed in hiring teachers where it clearly stated
that the first priority shall be residents of the barangay where the public elementary school is
located which allows the use of local language specifically where local culture should be
enhanced in cultural minorities. These orders and policies are important to be learned by all
the people specially the students and future educators for them to have a knowledge about
the importance of our first language acquisition on why it should be strengthened our first or
native language needs better understanding of certain topic whether simple or complex.

Rules and Regulations Implementing Republic Act No. 8190, Otherwise Known as “An Act
Granting Priority to Residents of the Barangay, Municipality or City Where the School is
Located, In the Appointment or Assignment of Classroom Public School Teachers”

Pursuant to Section 3 of Republic Act No. 8190 otherwise known as “An Act Granting
Priority to Residents of the Barangay, Municipality or City where the School is Located, in
the Appointment or Assignment of Classroom Public School Teachers”, the following rules
and regulations are hereby prescribed:

SECTION 1. Definition of Terms — As used herein, the following terms shall be

understood to mean:

a. “Teacher” shall refer to a person who meets the minimum requirements of the
position and possesses the appropriate license to teach in a public elementary or
secondary school, who does actual classroom teaching, and who is in the registry of
the school division. Refers to a person who meets the minimum requirements for the
position as required by law and the standards set by the Department who does actual
teaching in classrooms and other learning center.

b. “Bona fide resident” shall refer to a teacher who has resided in a particular
barangay, municipality, city or province where the school is located for a period of at
least six (6) months prior to appointment.
When we say bona fide resident it refers to the people who are officially residing in that
specific locality.

c. “Secretary” shall refer to the DECS Secretary.

d. “Regional Director” shall refer to the DECS Regional Director.

e. “Protest” shall refer to the administrative complaint filed by an aggrieved teacher

(complainant) regarding an appointment or assignment of a teacher made by an
appointing or assigning authority (respondent).

f. “Appointment” shall refer to the issuance of appointments covering original

appointment, promotion, transfer, reinstatement and reemployment.

g. “Assignment” shall refer to the posting of a teacher in a public elementary or

secondary school.

h. “Registry” shall refer to the list of teacher applicants maintained in all schools
divisions containing the names and addresses of teachers and the school and its
location preferred by them for appointment or assignment which shall be updated
from time to time.

SECTION 2. Coverage — These rules and regulations shall apply to appointment or

assignment of teachers in all public elementary and secondary schools under the DECS. The
regulations outlined in the order govern the process and criteria for appointing and assigning
teachers in all public elementary and secondary schools.

SECTION 3. Filling of Vacant Positions of Teacher in Public Elementary or Secondary

Schools — Vacant positions of teachers in public elementary or secondary schools shall be
filled up by appointment/assignment of teachers who meet the minimum qualifications
(education, experience, training and civil service eligibility) for the position by bona fide
residents in the order of priority as follows:
 a. First Priority shall be for residents of the barangay where the public elementary or
secondary school is located.

b. Second Priority shall be for residents of the municipality where the public elementary
or secondary school is located.

c. Third Priority shall be for residents of the city or province where the public
elementary or secondary school is located.

SECTION 4. Registry of Teachers — Upon approval of these rules and regulations,

teachers who are interested to be appointed or assigned to a public elementary or secondary
school located in the place where they are bonafide residents may send their written
applications together with the necessary documents, to the school principal concerned who
shall verify and certify as to the correctness and authenticity of the documents submitted
including the certification of place of residence. He/she shall in turn forward the applications
to the schools division superintendent whose office is required to maintain a registry of
teachers. The latter shall determine whether or not to appoint or assign a teacher.

SECTION 5. New Teachers — New teachers who are not yet in the service as public
elementary or secondary school teachers, but who are interested to be appointed as such shall
apply to the principal of the public elementary or secondary school located in the barangay,
municipality, city or province where they are residents. He/she shall verify and certify as to
the correctness and authenticity of the documents submitted and shall in turn forward their
applications to the schools division superintendent. The schools division superintendent shall
include their names in the registry of teachers from which priority in appointment or
assignment shall come.
As stated in this section, teachers who wish to be in the service shall apply to the public
school in her locality bearing all the necessary documents subject for verification of
correctness and authenticity. Based on the documents forwarded, the SDS shall then enlist
qualified applicants with which the priority of appointment or assignment shall be followed.
SECTION 6. Right to Protest — Teachers whose names appear in the registry of teachers
in each school division office shall have the right to protest an appointment or assignment of
a teacher in a public elementary or secondary school as provided in the second paragraph of
Section 1, RA 8190. Such protest shall be subscribed and sworn to and filed in triplicate
copies in the regional office concerned.
This section implies that the teacher may protest his/ her assignment to a school following
the correct procedure of the protest.

SECTION 7. Procedural Requirement of a Protest — The protest of an aggrieved teacher

against an appointment or assignment of a teacher shall be in the form of a letter-complaint. It
shall be filed with the regional office concerned within ninety (90) days from the issuance of
the appointment or assignment. Upon receipt of the complaint, the Regional Director, within
seventy-two (72) hours, shall furnish a copy of the complaint to the appointing or assigning
official who shall have fifteen (15) days to answer the allegations thereof, furnishing the
complainant a copy. The complainant shall have fifteen (15) days to submit or refute the
answer of the appointing or assigning authority.
On the basis of the answer of the complainant and the respondent, the regional director shall
have fifteen (15) days to make the decision, subject to appeal initially to the Secretary and
finally to the Civil Service Commission.
Here, the aggrieved teacher shall write a letter of complaint regarding his / her appointment
or assignment. He/ she is given 90 days to file to the regional office from the issuance of the
appointment or assignment. The regional director, within 72 hours shall furnish a copy of the
compliant to the appointing or assigning official who, in 15 days shall answer the complaint
providing the complainant a copy. 15 days is given to the complainant to take action on the
answer of the appointing or assigning authority.
Within 15 days, the regional director shall appeal initially to Secretary and finally to the
Civil Service Commission for his decision on the answer of the complainant.

SECTION 8. Sanctions — Administrative sanctions for any will full violations of RA

8190 shall be imposed as follows:
a. First violation — suspension of one month without pay;
b. Second violation — suspension of two months without pay; and
c. Third violation and subsequent violations-suspension of six months without pay

Failure to follow of this republic act will result to receiving sanctions more specifically
suspension of work and no pay.
SECTION 9. Effectivity — These rules and regulations shall take effect on the date of its
approval.
This shall take effect on June 11, 1996.
Goals of DECS order no. 11 s. 1987
• For easier knowledge transfer
Since the teacher is a local or shall we say a resident in a particular brgy., city, or province.
It is more likely that the teacher and the students speak the same language. Therefore, it will
be easier for transferring knowledge in the sense there is less barrier compared to when the
teacher and the learner do not use one or two languages that are common to both of them.

•For teacher’s convenience

If a teacher is assigned to school that is located in their residence, it will be convenient for
them. For instance, they wouldn’t spend much money, time, and effort for things outside of
their academic role. And they can focus more on things that will enhance their productivity to
provide students with better learning experience.
•To sustain or reinforce, and also it helps expand our native language
This DECS order no. 11 s. 1987 wants to strengthen our native language since native
language are the spirit of the national identity. This order gives instructions on how to hire
instructors over the years. Locals of the baranggay were the public elementary school
operates must be given preference in order to accommodate for the use of local language.
The endeavour to preserve the native tounge must come from this group, if it is to have a
strong base of native or naturalized potential speakers. Maintaining the original language
ability is important for a variety of reason includes personal and social.
Personal- the child’s first language is critical to his/her identity, maintaining this language
helps the child value his/her culture heritage which contributes to a positive self-concept.
Social- when the native language is not maintained, important links to the family and peers
may be lost. By encouraging the used of native language, parents can prepare the child to
interact with the native language community.
Many of our native language would face distinction if we fail to reinforce and expand
through the implementation of this order.
•To lay the ground work for learning English and other international language will
allows use of local culture should enhanced in cultural minorities
Academics and other school administrators are coming up with approaches to employ local
language to support simultaneous acquisition of English and international language
learning, this strategy might encourage intercultural communicative competence among
Filipino students so that they can converse with people in other countries as well as within
their own nation where the national minorities should value native culture more.
Challenges in implementing the DECS order no. 11 s. 1987
•Unfairness, Bias
Sometimes, unfairness and bias are present in the department of education. Are you familiar
with the “backer system?” This policy emphasizes not the word “prioritizing” so there’s a
list of names of priorities whether it may be for hiring or resignation. Unfortunately, the list
of priorities sometimes is not followed.