QuestionsQuestions (DEPED ORDER NO. 49, s. 2006)
Under Sec. 1, the disciplining authorities are the Secretary of Education and the Regional Directors in their respective regions. Superintendents of Schools are also disciplining authorities for administrative actions against non-teaching personnel in their school divisions. For DepEd Central Office officers/employees and for Presidential appointees (e.g., Assistant/Regional Directors, Assistant Secretaries, Undersecretaries), the Secretary has original and exclusive jurisdiction; decisions are subject to confirmation/modification/disapproval by the President for Presidential appointees.
Under Sec. 7, withdrawal does not automatically dismiss the complaint nor discharge the respondent from administrative liability. The case may still be given due course if there is obvious truth/merit or documentary evidence tending to prove guilt.
Under Secs. 4 and 5, the complaint must be under oath, written in clear/simple/concise language, and contain: (1) full name and address of complainant; (2) full name/address/position of respondent; (3) narration of relevant material facts; (4) certified true copies of documentary evidence and witness affidavits (if any); and (5) a certification/statement on non-forum shopping.
Under Sec. 6, complaints may be filed at any time with School Superintendents for non-teaching personnel within their divisions; with Regional Directors for teachers and personnel at regional offices; or with the Legal Division of the Central Office for Presidential appointees/central office employees. The Secretary may take cognizance of any complaint filed before any DepEd office.
No. Under Sec. 8, no action shall be taken on an anonymous complaint unless the disciplining authority decides to adopt it and file it motu proprio.
Under Sec. 9: within five (5) days from receipt of the appointment order, investigators must commence. They issue an order requiring respondent to submit a counter-affidavit/comment within three (3) days from receipt (failure is waiver). The fact-finding/preliminary investigation must commence within five (5) days of receipt of the order and is terminated within thirty (30) days thereafter.
Under Sec. 9, failure to submit the counter-affidavit is considered a waiver thereof.
Under Sec. 10, the Formal Charge must include: specification of charge(s); brief statement of material/relevant facts with certified true copies of documentary evidence (if any); sworn statements of witnesses (if any); directive to answer under oath in writing within not less than 72 hours from receipt; advice that respondent may elect a formal investigation; and notice that respondent is entitled to assistance by counsel of choice.
Under Sec. 12, the disciplining authority shall not entertain dilatory requests for clarification, bills or particulars, or motions to suspend proceedings due to a pending court case unless there is a TRO or injunctive writ. If interposed, they are treated as an answer and evaluated as such.
Under Sec. 15, preventive suspension may be issued upon motion of complainant or motu proprio, and requires issuance of the formal charge immediately thereafter. It may be imposed when charges involve dishonesty, oppression, grave misconduct, neglect in performance of duty, or when there are reasons to believe respondent is guilty of charges that would warrant removal from service.
Under Sec. 18, if not finally decided within 90 days from preventive suspension (excluding delay due to respondent’s fault/negligence/petition), respondent is automatically reinstated. If respondent is on maternity/paternity leave, suspension is deferred/interrupted until leave is fully enjoyed.
Under Sec. 21: (1) If respondent is a teacher, Chairman is the Schools Division Superintendent (or authorized rep) with at least Division Supervisor rank, plus a representative of local/provincial/national teachers’ organization, plus a Division Supervisor (last two designated by disciplining authority). (2) If respondent is an Assistant Schools Superintendent/Schools Superintendent/Assistant/Regional Director/Assistant Secretary/Undersecretary, Chairman is Secretary (or rep with rank equal/higher), plus PPSTA representative, plus an officer of DepEd with rank equal or higher. (3) If Central Office employee not covered above, Secretary has full discretion. (4) For other non-teaching personnel not mentioned, disciplining authority has full discretion.
Under Sec. 27, formal investigation is non-litigious. Subject to due process, technicalities of law/procedure/evidence do not strictly apply. The committee controls proceedings, ensures due process, and limits evidence to matters relevant to the issues for a just and speedy disposition.
Under Sec. 30, only affidavits identified by the affiants are considered evidence. Each witness affidavit is direct testimony subject to written interrogatories submitted in advance by the proponent and answered before the committee.
Under Sec. 42, the disciplining authority must render the decision within 30 days from receipt of the report of investigation.