QuestionsQuestions (DECS ORDER NO. 33, S. 1999)
It aims to rationalize and systematize DECS proceedings to expedite the resolution of complaints and grievances involving DECS officials and employees.
A grievance is a dissatisfactions arising in working conditions, relationships, or status among co-workers believed to be wrong, unfair, ignored, or dropped without due consideration.
When the dissatisfaction calls for disciplinary action; it must be brought as an administrative disciplinary case under Chapter III.
Unsatisfactory working conditions; improper or laborious work assignments; faulty tools/equipment; unsatisfactory personnel/work processes; improper placement/selection; improper appreciation in lay-offs/promotions/salary increases/transfers; arbitrary exercise of discretion; interpersonal relationships; and any matter giving rise to employee dissatisfaction.
First, an oral discussion with the immediate superior; then, if dissatisfied, submission of the grievance in writing to the appropriate Grievance Committee with appellate jurisdiction over the previous level.
The superior must inform the employee of the decision orally within three (3) days from presentation; the decision must be rendered within three (3) days from presentation (as stated in the procedure).
School, District, Schools Division, Regional, Division/Service (Central Office), Bureau (Central Office), and Agency Grievance Committees, each with original jurisdiction at its level and appellate jurisdiction over unresolved decisions from lower levels.
Within five (5) days from receipt of the grievance in writing.
Decisions of certain grievance committees are appealed to the Office of the Secretary through the Undersecretary for Legal Affairs; the Undersecretary has ten (10) days to forward findings/recommendations; the Secretary then renders a final and executory Decision.
A case where a government official or employee is prosecuted for an act or omission punishable as a non-penal offense under Civil Service Law, the Administrative Code, and other laws on public officers and civil service employees.
It may be commenced either by the DECS disciplining authority motu propio or by any person via an ordinary complaint filed with the disciplining authority.
It must be in writing, under oath, in clear/simple/concise language, and must include complainant(s) details; respondent(s) details and positions; narration of relevant/material facts; and a statement that no other administrative action/complaint on the same acts/issues has been filed elsewhere.
It shall be dismissed.
A prima facie case exists when there is sufficient ground for a well-founded belief that an administrative offense was committed and respondent is probably guilty. Fact-finding or preliminary investigation must commence within five (5) days from receipt of the complaint by the disciplining authority and must be terminated within thirty (30) days thereafter.
Under no circumstances shall cross-examination be allowed; however, the investigating officer may ask clarificatory questions.
It must be in writing and include: name(s) of complainant(s) and respondent(s); designation of the administrative offense(s); acts/omissions complained of; approximate time and place of commission; the time to submit answer (not later than five (5) days from receipt); a query whether the respondent prefers a formal investigation or decision on records; and notice of the right to counsel.