Question & AnswerQ&A (DECS ORDER NO. 33, S. 1999)
The rules are titled the DECS Rules of Procedure.
They were promulgated under Section 7, Chapter II, Book IV of the Administrative Code of 1987, which empowers the Secretary to promulgate rules and regulations necessary to carry out department objectives and administrative issuances for efficient administration.
The primary purpose is to rationalize and systematize the conduct of proceedings to expedite the resolution of complaints and grievances involving officials and employees of DECS.
Grievances are defined as dissatisfactions that arise in working conditions, relationships, or status among co-workers that are believed to be wrong, unfair, ignored, or dropped without due consideration.
The grievance procedure is not applicable when the dissatisfaction calls for disciplinary action; such cases are treated as administrative disciplinary cases handled under a different chapter.
Proper subjects include unsatisfactory working conditions, improper work assignments, faulty tools or equipment, improper placement or selection of personnel, and interpersonal relationships, among others causing employee dissatisfaction.
A grievance must first be presented orally to the employee's immediate superior who will orally inform the employee of their decision within three days.
The Regional Grievance Committee has original jurisdiction over grievances of employees in the region that were not orally resolved and appellate jurisdiction over grievances not resolved in the Schools Division Grievance Committee.
It is a case where an official or employee of the government is prosecuted for an act or omission punishable as a non-penal offense under Civil Service Law, Administrative Code, or other relevant laws.
The Secretary of DECS is the disciplining authority, with Regional Directors acting as disciplining authorities in their respective regions. The President is the disciplining authority for presidential appointees, though the Secretary may discipline them subject to confirmation.
The complaint must be in writing, under oath, and contain the full names and addresses of complainant and respondent, a narration of material facts, a statement confirming no similar complaint has been filed elsewhere, and attachments of evidence and affidavits.
A prima facie case exists when there is a sufficient ground to believe that an administrative offense has been committed and that the respondent is probably guilty and should face formal charges.
Fact-finding investigation is an ex parte examination of documents, whereas a preliminary investigation allows both complainant and respondent to submit affidavits and answer charges, but does not allow cross-examination.
Failure or refusal to file an answer is considered a waiver of the respondent's right to defend, and the case is decided based on available records.
It includes the schools division superintendent or representative as chairperson, a duly authorized representative of the teacher's organization as member, and the division supervisor for elementary or secondary education as member.
The respondent shall be automatically reinstated unless the delay is due to fault or petition of the respondent, in which case the delay period is excluded from the 90-day count.
A decision must be written, personally signed by the disciplining authority, and include a statement of the facts proven or admitted, and the legal bases for the decision.
The decision must be rendered within 30 days from the submission of the investigation report.