Legal

Matters
June 15, 2022
EVELYN M. TAGULAO
Teacher In-Charge
 PUBLIC OFFICIALS OR
EMPLOYEE
ADMINISTRATIVE CIVIL CRIMINAL
(substantial (preponderance of (proof beyond
evidence) evidence) reasonable doubt)
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 CONTENT OF COMPLAINT
1. Full name and address of the complainant.
2. Full name and address of the person complained of, as well as his
position and office in the DepEd.
3. A narration of the relevant and material facts which shows the acts or
omissions as allegedly committed by the person.
4. Certified true copies of documentary evidence and affidavits of his/her
witnesses, if any.
5. Certificate of Non-Forum Shopping.
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 Preventive Suspension /
Reassignment of respondent to
other units of the agency during
the formal hearings.
Critical period: 90 DAYS
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1. If the charges involve:
Dishonesty
Oppression
Grave Misconduct
Neglect in the Performance of Duty
• If any are reasons to believe that the respondent is guilty
of charges which would warrant his removal from the
service.
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2. To temporarily remove the respondent from
the scene of his misfeasance or malfeasance
and to preclude the possibility of exerting undue
influence or pressure on the witnesses against
him or tampering of documentary evidence on
file with his Office.
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 Receiving for personal use of a fee, gift or other valuable things in
the course of official duties or in connection therewith.
 Contracting loans of money or other property from persons with
whom the Office of the employee has business relations.
 Soliciting or accepting directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value.
 Nepotism

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  Disloyalty to the Republic of the Philippines and to
the Filipino people
 Oppression
 Disgraceful and immoral conduct
 Inefficiency and incompetence in the tardiness in
reporting for duty, loafing, or frequent unauthorized
absences from duty
 Refusal to perform official duty
 Gross insubordination
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  Conduct prejudicial to the best interest of the service
 Directly or indirectly having financial and material
interest in any transaction
 Owning, controlling, managing or accepting
employment as officer, employee, consultant, counsel,
broker, agent, trustee or nominee in any private
enterprise
 Disclosing or misusing confidential or classified
information
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 LESS GRAVE OFFENSES
 Simple neglect of duty
 Simple misconduct
 Gross Discourtesy in the course of official duties
 Violation of existing Civil Service Law and rules of
serious nature
 Insubordination
 Habitual drunkenness
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 LESS GRAVE OFFENSES
 Unfair discrimination
 Failure to file SALN and disclosure of business
interest and financial connections
 Failure to resign from his position in the private
business enterprise
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 LIGHT OFFENSES
 Discourtesy in the course of official duties
 Improper or unauthorized solicitation of
contribution from subordinate employees and by
teachers or school officials from school children
 Gambling prohibited by law

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 LIGHT OFFENSES
 Disgraceful, immoral or dishonest conduct prior to
entering the service
 Borrowing money by superior officers from subordinates
 Lending money at usurious rate of interest
 Promoting the sale ticket

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 LIGHT OFFENSES
 Willful failure to pay just debts or willful failure to pay
taxes due to the government
 Lobbying for personal interest or gain in legislative
halls and offices without authority
 Failure to act promptly on letters and request
 Failure to process documents and complete action
on documents and papers
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 GENERAL IMPOSABLE PENALTIES
 Dismissal from service
 Suspension for six (6) months and one (1)
day to one (1) year
 Suspension for one (1) month and one (1)
day to one (6) months
 Suspension for one (1) to thirty (30) days
 Reprimand
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 DEFINITIONS
GRIEVANCE – refers to a work-related
discontentment or dissatisfaction which had
been expressed verbally or in writing and
which, in the aggrieved employee’s opinion,
has been ignored or dropped without due
consideration.
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 DEFINITIONS
GRIEVANCE MACHINERY – a system
or method of determining and finding
the best way to address the specific
cause or causes of grievance.
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 BASIC POLICIES
1. A grievance shall be revolved expeditiously
at the lowest possible level. However, if not
settled at the lowest level possible, an
aggrieved party shall present his/her
grievance step-by-step following the
hierarch of positions.
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 APPLICATION OF GRIEVANCE MACHINERY
The following instances shall be acted upon through the grievance
machinery: (EAIPPA)
1. Non-Implementation of policies, practices, and procedures on
economic and financial issues and other terms and conditions
of employment fixed by law including salaries, incentives,
working hours, leave benefits such as delay in the processing
of overtime pay, unreasonable withholding of salaries and
inaction on application for leave;
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 APPLICATION OF GRIEVANCE MACHINERY
2. Non-implementation of policies, practices, and procedures which
affect employees from recruitment to promotion, detail, transfer,
retirement, termination, day-offs, and other related issues that affect
them such as failure to observe selection process in appointment
and undue delay in the processing of retirement papers;

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 APPLICATION OF GRIEVANCE MACHINERY
3. Poor interpersonal relationship and linkages;
4. Protest on appointments; and
5. All other cases giving rise to employee
dissatisfaction and discontentment outside of those
cases enumerated above.
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 GRIEVANCE
Involves mere dissatisfaction
 I should be promoted because I am
more qualified
 I should be rated outstanding
 I should be the BSP Coor.
 I should be given lesser load
 Teachers should have their own faculty
room
 Flexi-time should apply to me
 My SDS does not want to give me
authority to practice
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ADMINISTRATIVE
Involves malice / evil intention / bad faith
 I was transferred because I
filed a case against the
principal
 The principal recommended
for appointment / promotion for
her son instead of me
 The principal has been taking
money from canteen as his
share
 THANK
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YOU!
t i o n of
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