Administrative Discipline of Public School Teachers

Part I: Administrative Discipline

A. Administrative Discipline: Basic Principle
Mechanism by which public servants are made answerable for acts or
omissions committed in the service, provided
Due process is observed
Security of tenure protected

B. Constitutional and Legal Basis for Administrative Discipline
1987 Constitution
Article IX, B, Sec 2
No disciplinary action except for cause provided by law
Article XI, Sec 1
Public office-public trust
Public servants accountable to people

Public servants - must serve with utmost Responsibility, Integrity, Loyalty, &
Efficiency
must act with patriotism and justice and lead modest lives

C. Due Process; Principle; Basis Of
Principle of Due Process means that before a party may be held bound by
administrative proceedings, he must--
(a) been imp leaded (notified)
(b) given an opportunity to defend his rights (answer)
Two (2) aspects of due process
Substantive
Procedural
Basis of--
1987 Constitution (Article III, Sec. 1)
No person shall be deprived of life, liberty, or property without
due process of law, nor shall any person be denied the equal protection of
the
laws.

Part II: Disciplinary Jurisdiction

A. Disciplining Authority; Department of Education
B. Delegation of Authority to Investigation
C. Constitution of Investigating Committee

A. Disciplining Authority; Department of Education
Secretary of Education
Regional Directors in their regions
School Division Superintendents are Disciplining Authority for Non-
Academic Personnel (RA 9155)

B. Delegation of Authority to Investigate

Secretary is duly authorized to discipline Presidential appointee, subject to
President confirmation
Investigation Committee (per R.A. 4670) shall be constituted to conduct
the formal investigation and thereafter report and recommend to
disciplining authority

It shall deliberate COLLECTIVELY; NOT INDIVIDUALLY


C. Constitution of Investigating Committee
Respondent is elementary/secondary, head principal, district
supervisor/ chair/coordinator or Education Supervisor I
Schools Division Superintendent - Chair
Representative of Teacher Organization - Member
Division Supervisor for elementary or secondary education - Member


Respondent is Assistant Schools Division Superintendent, Schools
Division Superintendent or Education Supervisor II

Regional Director - Chair
Representative of Division Teachers Organization - Member
Regional Supervisor for elementary or secondary education - Member
Respondent is Assistant Regional Director or Regional Directors
Secretary of Department of Education - Chair
Representative of PPSTA - Member
Any Regional Director or high ranking Department of Education Central
Officer - Member

Part III: Grounds for Disciplinary Action

Generally Classified (depending on gravity) into--
GRAVE
Dismissal / 6 months - 1 year suspension
LESS GRAVE
1st offense - 1 to 6 months suspension
2nd offense - Dismissal
LIGHT
1st offense - Reprimand
2nd offense - Suspension
3rd offense - Dismissal

GRAVE OFFENSES:

Dishonesty - 1st/Dismissal
intentional violation of truth
there must be intention to misrepresent/ defraud

Gross neglect of duty - 1st/Dismissal
want of any or slight care

As a rule, must be GROSS, HABITUAL
EXCEPT: Results to Loss - No need habituality
Gross neglect of teacher duties

Special Parental Authority and Responsibility Article 218, Family Code

The school, its administrators and teachers, x x x engaged in child
care shall have special parental authority and responsibility over the minor
child while under their supervision, instruction or custody.

Abandonment - absence from work and deliberate intent to discontinue to
return

Two (2) Requisites
(a) Absences without authority
(b) Intention not to return


How to declare ABANDONMENT

Two (2) Letter Principle
as soon as a teacher starts to incur absences continuously without official
leave or authority--
send 1st letter requiring him to report immediately and explain; and
send 2nd letter informing him of termination due to abandonment


Keeping of school records
BP 232, Sec. 16 (3), Obligation of Teachers--
Render regular reports on performance of students x x x.

Section 9 (4) and (5) Rights of Students/Parents
The right of access to school records x x x.

The right to issuance of school records x x x 30 days from request.

Grave misconduct - 1st/Dismissal

willful, improper behavior, and implies wrongful intent and NOT mere error
of judgment
violation of an established and definite rule of action

Misconduct must be a DIRECT RELATION to and CONNECTED with
performance of official duties
Teacher Misconduct
broad scope of official function of teachers subject to PROHIBITION OF
MISCONDUCT


TEACHERS AS PROFESSIONALS

Duly licensed professionals who possess dignity and reputation with high
moral values as well as technical and professional competence. In the
practice of their noble profession, they strictly adhere to observe, and
practice this set of ethical and moral principles, standard and values.

(Preamble, Code of Ethics for Professional Teachers)


Every teacher shall merit reasonable social recognition for which purpose
he shall behave with honor and dignity at all times and refrain from such
activities as gambling, smoking, drunkenness and other excesses, much
less illicit relations.
(Code of Ethics, Article III, Section 3)

A teacher shall place premium upon self-respect and self-discipline as the
principle of personal behavior in all relationships with others and in all
situations.
(Code of Ethics, Article XI, Section 2)

A teacher shall maintain at all times a dignified personality which could
serve as model worthy of emulation by learners, peers, and others.
(Code of Ethics, Article XI, Section 3)


Joseph Santos vs. NLRC, Hagonoy Institute, Inc. et al., Supreme Court--

As a teacher, (one) serves as an example to this pupils x x x.

Consequently x x x teachers must adhere to the exacting standards of
morality and decency. x x x A teacher, both in his official and personal
conduct, must display exemplary behavior. He must freely and willingly
accept restrictions on his conduct that might be viewed irksome x x x the
personal behavior of teachers, in and outside the classroom, must be
beyond reproach, x x x they must observe a high standard of integrity and
honesty.

More Teacher Misconduct
BP 232, Section 9 (4), Rights of Students
x x x the CONFIDENTIALITY of which the school shall maintain and
preserve.

Covers Classified/Strictly Confidential Records
(a) personal records
(b) academic records/reports
(c) birth certificates
(d) adoption papers
(e) medical/guidance reports
(f) disciplinary records
also disclosing or misusing confidential information (Section 22)


1st Offense - 6 months to 1 year
2nd Offense - Dismissal


BP 232, Section 16 (5), Teachers Obligation--

Refrain from making deductions/additions in grades NOT manifestations of
scholastic performance


Padilla vs. NLRC, SBC, Supreme Court--

This Court is convinced that the pressure and influence exerted by (a
teacher) on his colleague to change a failing grade to passing one x x
x constitute serious misconduct which is a valid ground for dismissing an
employee.


In Celia Flores vs. NLRC, PPSTA - where employee was involved in
brawl/fighting, Supreme Court said--


Fighting within company premises is a valid ground for dismissing an
employee. At all events it was not necessary to determine who started the
fight; what is important is that (the employee) engaged in a fight in the
work premises x x x.

Corporal Punishment - Article 233 (2nd par.)
In no case x x x inflict corporal punishment upon the child.

Definition: An act that inflict pain or harm upon a childs body as
punishment for wrong doing usually through beating and spanking


Elements:
(a) physical contact
(b) to inflict pain


Sexual Harassment is Grave Misconduct
RA 7877: Sexual Harassment--
x x x teacher x x x having authority, influence, or moral ascendancy over
another x x x in education environment, demands, requests or otherwise
requires sexual favor from other, regardless of whether the demand,
request or requirement for submission is accepted x x x.

Two (2) Types
- Quid Pro Quo
Hostile Environment

Manner - it may be visual, verbal, or physical, which may be subtle,
obvious or gross

Sexual Harassment
Not all forms warrant termination. Dismissal depends on the gravity of
case.
Sale of tickets; collection of contribution/ donations from pupils/parents
BP 232, Sec. 9 (9) - students have right to be free from (voluntary)
involuntary contributions
Improper or unauthorized solicitation of contributions from subordinate
employees and by teachers or school officials from school children

x x x (Department of Education) considers the act of teachers in x x x
contracting loans from parents of their students x x x not only serious
misconduct but x x x violation of students right to be free from involuntary
contribution x x x.
- USEC Nachura, 13 Feb. 98


Rule XIV, Sec. 22 (j) - Contracting loans is Grave Offense

because reprehensible behavior such as the use of trust relationship as
leverage for borrowing money is involved.

to avoid exertion of undue influence by teachers over the students or
their parents

Other kinds of misconduct
Employee repeatedly uttered obscene and insulting statements against his
superior and violated company rules and regulations (Asian Design and
Manufacturing Corp. vs. DOLE)
Employee repeatedly shouted invectives at the companys lady physician
for her refusal to certify his sick leave (Dela Cruz vs. NLRC)
Employee challenged his superior officer to a fight (Luzon Stevedoring
Corp. vs. CIR)
Gross Disrespect connotes serious misconduct directed against superiors
by subordinates is SERIOUS MISCONDUCT but Gross
Discourtesy connotes the absence of proper courtesy in dealing with the
public he/she is transacting official business (not GROSS MISCONDUCT -
hence only Less Grave Offense - 1st/1 to 6 months suspension, 2nd/
Dismissal)


Notoriously undesirable - 1st/Dismissal
when a public servant is known to be constantly and flagrantly violating
existing laws, rules and regulations and which acts are known to and
looked upon with disfavor by the community
negative attitude toward work, duties and responsibilities, superiors and
proper conduct, when public servant does not seem to consider the
aforesaid conduct wrong and improper

Oppression - 1st/6 months to 1 year suspension, 2nd/Dismissal
act of cruelty, severity, unlawful exaction, domination, or excessive use of
authority (Ochate vs. Ty Deling)
Committed usually by a superior officer over a subordinate or a public
servant over a private citizen
Corporal punishment may also be oppression

Inefficiency and incompetence in the performance of duties - 1st/6 months
to 1 year suspension, 2nd/Dismissal

Public servant has consistently shown his inability to efficiently perform
his duties and responsibilities, within a common performance standards.

In Evelyn Pea vs. NLRC, Supreme Court said-

xxx school can set high standards of efficiency for its teachers since
quality education is a mandate of the Constitution x x x
xxx Security of tenure, while constitutionally guaranteed, cannot be
used to shield incompetence xxx.

Need to continually evaluate teachers


Unauthorized absences/ tardiness - 1st/6 months to 1 year suspension,
2nd/Dismissal
Habitually absent

2.5 days/month x 3 months in a semester or 3 consecutive months in a year
Habitually tardy
10x/month at least 2 months in a semester or 2 consecutive months in a
year

Refusal to perform official duty - 1st/6 months to 1 year suspension,
2nd/Dismissal
when a public servant refuses to render service inherent to his position or
when required to do so by his lawful superiors, without reasonable excuse

Gross insubordination - 1st/6 months to 1 year suspension, 2nd/Dismissal
a deliberate refusal of a subordinate to obey lawful orders from a superior
one must follow lawful order of superiors even if he does not agree with it
a protest or an appeal is not a legal excuse to disobey lawful orders
Conduct prejudicial to the best interest of service - 1st/6 months to 1 year
suspension, 2nd/Dismissal
conduct of one which will give a bad image to the public service

Official participates in proceedings of promotion and selection board
despite the fact he is NOT authorized; such influences the appointment of
relative is conduct prejudicial

LESS GRAVE OFFENSES:
Simple neglect of duty
Simple misconduct
Gross discourtesy
Gross violation of Civil Service Rules
Insubordination
Habitual drunkenness
Recommending any person to a private enterprise with official business
with his office
Unfair discrimination in rendering public service
Failure to file sworn statement of assets, liabilities
Failure to resign within 30-day in private business with conrflict of interest

LIGHT OFFENSES:
Discourtesy
Violation of office rules
Gambling prohibited
Borrowing money from subordinates
Disgraceful/immoral/dishonest conduct PRIOR to service
Willful failure to pay just debts
Refusal to overtime
Willful failure to pay taxes
Pursuit of business/profession/vocation without permission
Lobbying for personal interest or gain in congress
Promoting sale of tickets in behalf of private enterprise
Failure to act promptly on letters and requests 15 days from receipt
Failure to process papers for unreasonable length of time
Failure to attend to anyone who wants to avail himself of services


Part IV: DECS Rules of Procedure

DECS Order No. 33, Series 1999 (March 30, 1999) Administrative
Disciplinary Case

Step 1 - Commenced by:
Disciplining Authority - MOTU PROPIO
Any person with an ordinary complaint filed with Disciplinary Authority

Form of Complaint
in writing
under oath
written in a clear, simple and concise language

Step 1: Commenced by:

Contents of Complaint
full name/address of complainant
Ibid.; as well as position/ office of employment of respondent
narration of relevant and material facts
no forum-shopping

Step 2 - Determination of PRIMA FACIE CASE

to determine if there is a sufficient ground to engender a well-founded
belief that an administrative offense has been committed and respondent is
probably guilty
How determined
fact-finding
preliminary investigation

FACT FINDING - involve merely the ex parte examination of records/
documents submitted by complainant; also other documents available

PRELIMINARY INVESTIGATION - proceeding whereby complainant and
respondents are given opportunity to submit affidavits/witnesses/evidence

Step 3 - FORMAL CHARGE (if prima facie case is established)
Content of:
name of complainant
name of respondent
designation of the administrative offenses by the statute
acts/omissions complained of
time of commission
place of commission
time for respondent to answer which shall not be later than 5 days
query whether respondent prefers Formal Investigation or decide case on
the records
inform of respondents right to counsel of choice
Step 4 - ANSWER
to be filed with the Disciplining Authority

Form of ANSWER
in writing
Respondents answer to charges
indication whether or not respondent elects FORMAL INVESTIGATION

Step 5 - FORMAL INVESTIGATION
when held - when respondent has filed his/her answer or after the period for
filing an answer has expired
by the Investigating Committee


Note: when investigating committee is constituted not in accordance with
Republic Act 4670, proceedings shall be VOID.

Step 6 - PROCEDURE
Pre-Hearing Conference - to consider and agree on any of the following:
dates of hearing
simplification of issues
stipulation of facts
limiting number of witnesses/names
ID/marking of evidence