Definition of Key Terms
- Teacher: A person licensed and qualified to teach in public elementary/secondary schools and registered with the school division.
- Bonafide Resident: Teacher residing for at least six months in the barangay, municipality, city, or province where the school is located.
- Secretary: Refers to the DECS Secretary.
- Regional Director: Refers to the DECS Regional Director.
- Protest: Administrative complaint filed by an aggrieved teacher about appointments or assignments.
- Appointment: Issuance of teacher positions including original, promotion, transfer, reinstatement, and reemployment.
- Assignment: Teacher posting in public elementary or secondary schools.
- Registry: The list of teacher applicants maintained by school divisions.
Scope of Application
- Applies to all appointments and assignments of teachers in public elementary and secondary schools under the DECS.
Priority in Filling Vacant Teaching Positions
- Teachers must meet qualifications: education, experience, training, civil service eligibility.
- Priority order for appointment/assignment:
- Residents of the barangay where the school is located.
- Residents of the municipality where the school is located.
- Residents of the city or province where the school is located.
Teacher Registry Setup and Maintenance
- Interested teachers submit applications and documents to the school principal.
- The principal verifies and certifies application authenticity, including residency.
- Applications forwarded to the schools division superintendent who maintains the teacher registry.
- The division superintendent determines appointments or assignments.
Application Process for New Teachers
- New teachers apply through principals of local public schools in their resident area.
- Principals verify documents and forward applications to the schools division superintendent.
- Names of new teachers are included in the registry for priority consideration.
Right to Protest Unlawful Appointments
- Teachers listed in the registry may file protests against appointments or assignments they find improper.
- Protest must be sworn and filed in triplicate with the regional DECS office.
Procedures for Filing and Resolving Protests
- Protest submitted as a letter-complaint within 90 days from appointment or assignment issuance.
- Regional Director forwards complaint copy to the appointing authority within 72 hours.
- Appointing authority has 15 days to respond and provide copy to complainant.
- Complainant has 15 days to reply to the response.
- Regional Director decides within 15 days; decisions appealable first to the DECS Secretary, then to the Civil Service Commission.
Sanctions for Violations
- Willful violations result in administrative sanctions:
- First violation: 1-month suspension without pay.
- Second violation: 2-month suspension without pay.
- Third and subsequent violations: 6-month suspension without pay.
Effectivity
- The rules and regulations take effect immediately upon approval on January 24, 1997.