Question & AnswerQ&A (DEPED ORDER NO. 49, s. 2006)
The disciplining authorities are the Secretary of Education and the Regional Directors in their respective regions. Superintendents of Schools are disciplining authorities for non-teaching personnel in their respective school divisions.
Grounds include dishonesty, oppression, neglect of duty, misconduct, immoral conduct, inefficiency, falsification of documents, insubordination, nepotism, sexual harassment, conviction of a crime involving moral turpitude, and others specified in Section 2.
Administrative proceedings may be commenced motu proprio by appropriate authorities or upon a sworn written complaint filed by any person.
A complaint should have the full names and addresses of complainant and respondent, a narration of material facts, certified true copies of documentary evidence and affidavits of witnesses, and a certification or statement on non-forum shopping.
Investigation shall commence within five (5) days from appointment and shall be terminated within thirty (30) days thereafter.
Failure or refusal to file an answer within five (5) days from receipt of the formal charge shall be considered a waiver of the right to answer, and the formal investigation may commence.
Preventive suspension is a temporary removal from service pending investigation and may be imposed if charges involve dishonesty, grave misconduct, oppression, neglect, or when there is reason to believe the respondent might be removed from service.
The committee includes the Schools Division Superintendent or authorized representative as Chairman, a representative from a teachers' organization, and a Division Supervisor designated by the disciplining authority.
Offenses are classified as grave, less grave, and light. Penalties range from reprimand to dismissal depending on the gravity, with first offenses generally incurring suspension or dismissal for grave offenses.
Dismissal carries cancellation of eligibility, forfeiture of retirement benefits, perpetual disqualification for reemployment in government service, unless otherwise provided.
The respondent may file a Motion for Reconsideration with the disciplining authority or appeal to the Civil Service Commission within fifteen (15) days from receipt of the order.
No, formal investigations are non-litigious. The committee may use all reasonable means to ascertain facts speedily, subject to due process, and technical rules may not be strictly applied.
The respondent shall be automatically reinstated, unless delay is due to respondent's fault or during maternity/paternity leave, which interrupts the suspension period.
Failure to fully pay the fine within the prescribed period results in continued disqualification for promotion until full payment is made, considered as failure to serve the penalty.
No, no publicity shall be given to any administrative case against a teacher during its pendency.