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.

Law Summary

Scope and Coverage

  • Applies to all appointments or assignments of teachers in public schools and learning centers under DepEd.

Priority in Filling Vacant Positions

  • Priority given to bona fide residents of the barangay, municipality, city, or province where the school is located.
  • Teachers must possess all qualifications required by law and DepEd Orders.
  • Among bona fide residents, the most qualified applicant is given priority.

Recruitment and Selection Procedure

  • Interested applicants submit written applications with necessary documents to school head.
  • School head verifies documents and residence proof, forwards applications to Schools Division Superintendent.
  • Division Office maintains a registry valid for one school year.
  • Superintendent appoints or assigns teachers.
  • DepEd Secretary issues guidelines consistent with RA 8190 and these IRR.

Protest Procedure

  • Aggrieved applicants in Schools Division registry may file a protest within 90 days of appointment issuance.
  • Protest filed as sworn letter-complaint in triplicate to Regional Office.
  • Regional Director requires Schools Division Superintendent to respond within 15 days.
  • Decision by Regional Director appealable to DepEd Secretary within 15 days.
  • Further appeal to Civil Service Commission.
  • Protest does not invalidate appointment but approval is subject to protest outcome.

Sanctions for Violations

  • Violators charged administratively under RA 6713 (Code of Conduct and Ethical Standards) and related laws.
  • 1st violation: One-month suspension without pay.
  • 2nd violation: Two-month suspension without pay.
  • 3rd and subsequent violations: Six-month suspension without pay.

Separability Clause

  • Invalidity of any provision does not affect other provisions' validity and effectivity.

Repealing Clause

  • Rules inconsistent with these IRR are repealed, rescinded, or amended accordingly.

Effectivity

  • Rules effective 15 days after publication in the Official Gazette or a newspaper of general circulation.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.