Documente Academic
Documente Profesional
Documente Cultură
Part I
Administrative Discipline
Part II
Disciplinary Jurisdiction
Part III
Grounds for Disciplinary Action
Part IV
DECS Rules of Procedure
Part I: Administrative Discipline
Basis of--
1987 Constitution (Article III, Sec. 1)
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
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
C. Constitution of Investigating Committee
Dishonesty - 1st/Dismissal
intenational 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 Responsibilit
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
TEACHERS AS PROFESSIONALS
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/Dismissala
when a public servant refuses to render service
inherent to his position or when required to do
so by his lawful superiors, without reasonable
excuseaa
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:
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
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
Content of:
name of complainant
name of respondent
designation of the administrative offenses by
the statute
acts/omissions complained of
time of commission
Step 3: Formal Charge
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 respondent’s right to
counsel of choice
Step 4 - ANSWER
Form of ANSWER
in writing
Respondent’s answer to charges
indication whether or not
respondent elects FORMAL
INVESTIGATION
Step 5 - FORMAL INVESTIGATION
Hearing Proper
note appearances
complainant
respondent
cross-examination
re-direct; re-cross
submission of memoranda
within 5 days
Step 6: Procedure
PREVENTIVE SUSPENSION
Disciplining Authority may in
charges of:
Dishonesty
Oppression
Grave Misconduct
Neglect
If there is reason to believe that
respondent is guilty of charges which
would warrant his removal
Step 6: Procedure
FINALITY OF DECISION
15 days after the receipt of copy; unless
motion for reconsideration or appeal is
perfected
Regional Director decision final if penalty is--
reprimand
suspension of not more than 5 days
fine equal to 5 days salary
more than above - shall be appealable to
Secretary
Step 7: Decision