Title
Amended IRR of RA 8190 on teacher appointments
Law
Caap Memorandum Circular No. 03-13
Decision Date
Jan 18, 2013
The Amended Implementing Rules and Regulations of R.A. No. 8190 prioritize the appointment or assignment of teachers to public schools based on residency and qualifications, with a process for filing protests and administrative sanctions for violations.

Q&A (CAAP MEMORANDUM CIRCULAR NO. 03-13)

The main purpose of RA No. 8190 is to grant priority to residents of the barangay, municipality, or city where the school is located in the appointment or assignment of classroom public school teachers.

A 'Teacher' is a person who meets the minimum requirements for the position as required by law and the standards set by the Department of Education, and who does actual teaching in classrooms and other learning centers.

A 'Qualified applicant' is a person who meets the evaluation and selection criteria prescribed by DepEd, is in the registry of the Schools Division, and is a bona fide resident of the area where the school is located.

A 'Bona fide resident' is a qualified applicant who has been residing for at least six months prior to appointment in the particular barangay, municipality, city, or province where the school is located, proven by legal documents.

They apply to the appointment or assignment of teachers in all public schools and other learning centers under the Department of Education.

Priority is given to bona fide residents of the barangay, municipality, city, or province where the school is located, provided they meet the qualifications and among them, the most qualified gets priority.

The school head receives written applications, verifies and certifies the authenticity of the documents including proof of residence, and forwards them to the Schools Division Office.

The registry maintained by the Schools Division Office is valid for one school year.

An aggrieved applicant may file a sworn letter-complaint protest at the Regional Office within 90 days from the appointment issuance. The Regional Director requires the School Division Superintendent to answer within 15 days, and decisions may be appealed to the DepEd Secretary and then to the Civil Service Commission.

No, a protest does not render the appointment ineffective or bar its approval, but the approval is subject to the final outcome of the protest.

First violation results in one month suspension without pay; second violation is two months suspension without pay; third and subsequent violations lead to six months suspension without pay.

They are charged administratively pursuant to RA 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other relevant laws.

The invalidity of any provision shall not affect the validity and effectivity of the other provisions (separability clause).

They take effect 15 days after publication in the Official Gazette or in at least one newspaper of general circulation.


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