DO No.

49, series of 2006

REVISED RULES OF PROCEDURE OF THE

DEPARTMENT OF EDUCATION IN ADMINISTRATIVE
CASES
Section 1. Disciplining Authority – The disciplining authorities in the Department of
Education shall be the Secretary and the Regional Directors in their respective regions.
The Superintendents of Schools shall also be the disciplining authorities for
administrative actions against non-teaching personnel in their respective school
divisions, For disciplinary actions or administrative cases against officers and
employees of the Department of Education at its Central Office and against Presidential
appointees, namely: Assistant Superintendents, Superintendents, Assistant Regional
Directors, Regional Directors, Assistant Secretaries and Undersecretaries of Education,
the Secretary shall have original and exclusive jurisdiction. Decisions of the Secretary of
Education over administrative cases against said Presidential appointees shall be
subject to confirmation, disapproval or modification by the President of the Philippines.

Section 2. Grounds for Disciplinary Action  – An administrative complaint may be filed

for any of the following grounds for disciplinary action:

a. Dishonesty
b. Oppression
c. Neglect of duty
d. Misconduct
e. Disgraceful and immoral conduct
f. Being notoriously undesirable
g. Discourtesy in the course of official duties
h. Inefficiency and incompetence in the performance of official duties
i. Receiving for personal use of a fee, gift or other valuable thing in the course of official
duties or in connection therewith when such fee, gift or other valuable thing is given by
any person in the hope or expectation of receiving a favor or better treatment than
that accorded other persons or committing acts punishable under the anti-graft laws
j. Conviction of a crime involving moral turpitude
k. Improper or unauthorized solicitation of contributions from subordinate employees
and by teachers or school officials from school children
l. Violation of existing Civil Service Law and Rules or reasonable office ( regulations
m. Falsification of official documents
n. Frequent unauthorized absences or tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty during regular office hours
o. Habitual drunkenness
p. Gambling prohibited by law
q. Refusal to perform official duty or render overtime service
r. Disgraceful, immoral or dishonest conduct prior to entering the service
s. Physical or mental incapacity or disability due to immoral vicious habits
t. Borrowing money by superior officers from subordinates or lending by subordinates
to superior officers
u. Lending money at usurious rates of interest
v. Willful failure to pay just debts or willful failure to pay taxes due the
government
w. Contracting loans of money or other property from persons with whom the office of
the employees concerned has business relations
x. Pursuit of private-business, vocation or profession without the permission required
by the Civil Service rules and regulations
y. Insubordination
z. Engaging directly or indirectly in partisan political activities by one holding a non
political office.
aa. conduct prejudicial to the best interest of the service
bb. lobbying for personal interest or gain in legislative halls or offices without authority.
cc. Promoting the sale of tickets in behalf of private enterprises that are not intended
for charitable or public welfare purposes and even in the fatter cases if there is no prior
authority
dd. Nepotism as defined in Section 59, Chapter 8, Subtitle A, Title I, Book V of E.O. No.
292
ee. Sexual Harassment as defined and penalized under CSC Resolution No. 01-0940.

A Grievance Committee is not allowed to hear and decide administrative

disciplinary cases. If a complainant charges the respondent with the commission of
administrative offenses, the same shall be disposed of accordingly by the Disciplining
Authority.

Read: Updated Grievance Machinery of the Department of Education (DepEd)

Section 3. Procedure in Commencing Administrative Cases – Administrative

proceedings may be commenced motu proprio by the Secretary of Education, the
Regional Director, in case of DepED Officials and teaching and non-teaching personnel,
and the Schools Division Superintendents in case of non-teaching personnel within
their jurisdiction. Said proceedings may also be commenced upon sworn written
complaint of any other persons.

Section 4. Form of Complaint – A complaint shall be under oath and shall be written
in a clear, simple, and concise language so as to inform the person complained of,
about the nature and cause of accusation against him to enable him to intelligently
prepare his defense or answer.

Section 5. Content of Complaint – A complaint shall contain the following;

a. Full name and address of the complainant

b. Full name and address of the person complained as well as his position and office in
the Department of Education

c. A narration of the relevant and material facts which should show the acts or
omissions as allegedly committed by the person

d. Certified true copies of documentary evidence and affidavits of his witnesses if any;
and ^

e. Certification or statement on non-forum shopping

Section 6. When and Where to File a Complaint – Sworn written administrative

complaints may be filed at any time with the School Superintendents concerned for
cases against non-teaching personnel in their respective divisions or with the Regional
Directors concerned for cases against teachers and against their personnel at their
respective regional offices or at the Legal Division of the Central Office for cases against
Presidential Appointees and employees at the Central Office. The Secretary of
Education can take cognizance of any complaint or administrative case filed before any
office of the Department of Education.

Section 7. Withdrawal of the Complaint – The withdrawal of the complaint does not
result in its outright dismissal nor in the discharge of the person complained of from
any administrative liability. Where there is obvious truth or merit to the allegations in
the complaint or where there is documentary evidence that would tend to prove the
guilt of the person complained of, the same should be given due course.

Section 8. Actions on the Complaint

a. The disciplining authority concerned shall dismiss outright a complaint if on its face,
there is obviously no truth or merit to the allegations therein.
b. The Disciplining Authority shall also dismiss the complaint if the same is not in
accordance with the required form and /or if it does not comply with the required
content of a complaint,

c. If the complaint is sufficient in form and substance, the disciplining authority shall
give due course to the complaint by appointing within ten (10) days from receipt of the
complaint an investigator(s) who shall conduct fact-finding investigation or preliminary
investigation.

d. No action shall be taken on an anonymous complaint, unless the Disciplining

Authority decides to adopt the same and file it motu proprio.

Section 9. Fact-Finding Investigation or Preliminary Investigation

a. Within five (5) days from receipt of the appointment of an officer(s) of the
Department of Education as investigator(s) issued by the disciplining authority
concerned, the designated investigator(s) shall commence the fact-finding investigation
or preliminary investigation by issuing an Order requiring the person complained of to
submit within three (3) days from receipt of the said Order, together with a copy of the
complaint and the supporting documents thereof, a Counter-Affidavit/Comment under
oath and the affidavits of the witnesses of the person’complained of with supporting
documents, if any. Failure of the person complained of to submit his Counter-Affidavit
shall be considered as a waiver thereof.

b. Upon receipt of the Counter-Affidavit or Comment under oath, the investigator(s)

may summon the parties to a conference where the investigator(s) may propound
clarificatory questions. The investigator(s) may also interview any possible witnesses.

c. During any hearing conducted for clarificatory questions, the investigator(s) shall
maintain minutes of the proceedings, which shall include the clarificatory questions
propounded to the parties and their witnesses, and the answers given thereto. Said
minutes which shall be signed by the parties and their counsels, if any, shall form part
of the records of the case.

d. After the termination of the hearing(s) for clarificatory questions, the investigator(s)
shall make an ex parte examination of records and documents submitted by the
complainant and by the person complained of as well as the documents readily
available from other government offices.

e. A fact-finding investigation or preliminary investigation shall commence not later

than five (5) days from receipt by the investigator(s) of the Order of the disciplining
authority appointing him/them as investigator(s) and shall be terminated within thirty
(30) days thereafter.

f. Investigation Report – Within five (5) days from the termination of the preliminary
investigation or fact-finding investigation, the investigator(s) shall submit the complete
records of the case to the Disciplining Authority together with his/their investigation
report which should contain his/their findings and recommendations,

g. If a prima facie case is established during the investigation, a formal charge shall be
issued by the Disciplining Authority. A prima facie case shall mean that there is
reasonable ground to believe that the respondent is probably guilty of the charge/s
against him, and should be investigated accordingly.

Section 10. Formal Charge – The Formal Charge shall contain a specification of
charge(s), a brief statement of material or relevant facts accompanied by certified true
copies of documentary evidence, if any, sworn statements covering the testimony of
witnesses, if any, a directive to answer under oath the charge(s) in writing in not less
than seventy-two (72) hours from receipt thereof, an advice for the respondent’to
indicate in his answer whether or not he elects a formal investigation of the charge (s)
and a notice that he is entitled to be assisted by a counsel of his choice.

Section 11. Submission of Additional Evidence – If the respondent had already

submitted his Comment under oath or Counter-Affidavit during the Fact Finding
Investigation or Preliminary Investigation, he shall be given the opportunity to submit
additional evidence.

Section 12. Prohibited Pleadings -The Disciplining Authority shall not entertain

dilatory requests for clarification, bills of particulars, or motions to suspend
proceedings on account of a pending court case in the absence of a temporary
restraining order or injunctive writ. If any of these pleadings are interposed by
respondent, the same shall be considered as an answer and shall be evaluated as such.

Section 13. Answer – The Answer, which shall be in writing and under oath, shall be
specific and shall contain material facts and applicable laws, if any, including
documentary evidence, sworn statements covering testimonies of witnesses, if there
be any, in support of his defense(s). It shall also include a statement indicating whether
or not he elects a formal investigation.

Section 14. Failure to File an Answer – If the respondent fails or refuse to file his
Answer to the Formal Charge within five (5) days from receipt thereof, he shall be
considered to have waived his right thereto and the Formal Investigation may
commence.
Section 15. Preventive Suspension – Upon motion of the complainant or Motu
Proprio, the proper Disciplining Authority may issue an Order of Preventive Suspension
upon issuance of the Formal Charge immediately thereafter to any subordinate officer
or employee under his authority pending an investigation, if the charges involve:

a.Dishonesty
b. Oppression
c. Grave Misconduct
d. Neglect in the Performance of Duty; or
e. If there are reasons to believe that the respondent is guilty of charges which would
warrant his removal from the service.

Section 16. Reason for Preventive Suspension – An Order of Preventive Suspension

may also be issued by the Disciplining Authority to temporarily remove the respondent
from the scene of his misfeasance or malfeasance and to preclude the possibility of
exerting undue influence or pressure on the witnesses against him or tampering of
documentary evidence on file with his Office.

Section 17. Substitute for Preventive Suspension – In lieu of Preventive Suspension,

for the same purpose, the proper disciplining authority or head of office, may reassign
respondent to other units of the agency during the formal hearings.

Section 18. Duration of Preventive Suspension – When the administrative case

against an officer or employee under Preventive Suspension is not finally decided by
the disciplining authority within the period of ninety (90) days after the date of the
Preventive Suspension, unless otherwise provided by special law, he shall be
automatically reinstated in the service, provided that when the delay in the disposition
of the case is due to the fault, negligence or petition of respondent, the period of delay
should not be included in the counting of the ninety (90) calendar day period of
Preventive Suspension. Provided further that should the respondent be on
Matemity/Paternity Leave, said Preventive Suspension shall be deferred or interrupted
until such time that said leave has been fully enjoyed.

Section 19. Remedies from the Order of Preventive Suspension – The respondent
may file a Motion for Reconsideration with the disciplining authority or may elevate the
same to the Civil Service Commission by way of an Appeal within fifteen (15) days from
receipt thereof, „

Section 20. Formal Investigation – Although the respondent does not request a
Formal Investigation, one shall nevertheless be conducted when the allegations of the
complaint and the Answer of the respondent, including the supporting documents of
both parties, the merits of the case cannot be decided judiciously without conducting
such investigation.

Section 21. Creation of the Formal Investigation Committee – Within five (5) days
from receipt of respondent’s Answer, the Disciplining Authority shall issue an Order
creating the Formal Investigating Committee which shall be composed of the following:

a. When the respondent is a teacher as defined in Section 2 of Republic Act No.

4670, otherwise known as the “Magna Carta for Public School Teachers’’:

1. The Schools Division Superintendent or his/her duly authorized representative, who

must have at least the rank of a Division Supervisor where the teacher belongs, as
Chairman;

2. A representative of the local, or in its absence, any existing provincial or national

teachers organization; and

3. A Supervisor of the Division, the last two to be designated by the disciplining

authority.

b. When the respondent is an Assistant Schools Superintendent, Schools

Superintendent, Assistant Regional Director or Regional Director or Assistant
Secretary, or Undersecretary of the Department of Education:

1. The Secretary, or his/her duly authorized representative who must have a rank equal
to or higher than the rank of the respondent, as Chairman;

2. The duly authorized representative of the Philippine Public School Teacher’s

Association (PPSTA) as member; and

3. Any officer of the Department of Education with a rank equal to or higher than the
rank of the respondent as member.

c. When the respondent is an employee at the Central Office of the Department

of Education,the Secretary shall have full discretion on the composition of the Formal
Investigating Committee.

d. When the respondent is a non-teaching personnel who is not one of those

mentioned above, the disciplining authority concerned shall have full discretion on
the composition of the Formal Investigating Committee.

Section 22. Commencement and Duration of the Formal Investigation – The

Formal Investigation shall be held not earlier than five (5) days nor later than ten (10)
days from receipt of the Order of the disciplining authority constituting the Formal
Investigating Committee. Said investigation shall be finished within thirty (30) days from
receipt of said Order by the Formal Investigating Committee unless the period is
extended by the disciplining authority in meritorious cases.

Section 23. Pre-Hearing Conference – At the commencement of the Formal

Investigation, the Hearing Officer shall conduct a Pre-Hearing Conference for the
parties to appear, consider and agree on any of the following:

a. Submission of the case for resolution based on position papers/memoranda of the

parties without any need for further hearings

b. Stipulation of Facts

c. Simplification of Issues

d. Waiver of Objections to admissibility of evidence

e. Limiting the number of witnesses and their name

f. Dates of subsequent hearings, and

g. Such other matters as may aid in the prompt and just resolution of the case

Section 24. Appearance of Parties – It shall be the duty of the parties and their
counsels, if any, to appear at the Pre-Hearing Conference. The non-appearance of a
party may be excused only if a valid cause is shown therefore.

Section 25. Effect of failure to appear during the Pre-Hearing Conference – Failure
of any or both parties to appear at the scheduled Pre-Hearing Conference is not
necessarily a cause for the dismissal of the case. A party who appears may be allowed
to present his evidence in the absence of the adverse party who was duly notified of
the Pre-Hearing Conference; however, if the absent party is able to show that there is a
valid cause for his absence, he shall be afforded the opportunity to cross-examine the
witness(es) presented during his absence.

Section 26. Record of the Pre-Hearing Conference – The proceedings in the Pre-
Hearing Conference shall be recorded. Upon termination thereof, the Formal
Investigating Committee shall issue an Order which shall recite in detail the matters
taken up in the conference and the agreements or admissions made by the parties as
to any of the matters considered.
Section 27. Non-Litigious in Nature of the Formal Investigation Proceedings – The
conduct of the Formal Investigation shall be non-litigious in nature. Subject to the
requirements of due process in administrative cases, the technicalities of law,
procedure and evidence shall not strictly apply thereto. The Formal Investigating
Committee may avail itself of all reasonable means to ascertain speedily the facts of
the case. The Committee shall take full control of the proceedings, with proper regard
to the right of the parties to due process, and shall limit the presentation of evidence to
matters relevant to the issue(s) before the Committee necessary for a just and speedy
disposition of the case.

Section 28. Continuous Hearing Until Terminated; Postponement – The Formal

Investigating Committee shall set the case for continuous trial on the dates set by the
Committee or as agreed upon during the Pre-Hearing * Conference. Failure of any or
both parties to appear at the scheduled hearing(s) is not necessarily a cause for the
dismissal of the complaint. A party who appears may be allowed to present his
evidence in the absence of the adverse party who was duly notified of the hearing;
however, if the absent party is able to show that there is a valid cause for his absence,
he shall be afforded the opportunity to submit written interrogatories to be answered
by the witness(es) presented during his absence. In case of two (2) successive,
unjustified non-appear^hces of any party in the proceedings, it shall be the option of
the party who is present to submit the case for resolution on the basis of the records of
the case and the evidence so far presented.

Section 29. Adequate Time to Prepare Defense – In scheduling the hearings, the
Committee shall ensure that respondent be given adequate time for the preparation of
his defense.

Section 30. Affidavit of Witnesses – Only affidavits which have been identified by the
affiants shall be considered as evidence. The affidavit of any witness shall constitute his
direct testimony subject to written interrogatories to be submitted in advance by the
proponent and to be answered by the witness before the Committee.

Section 31. Preliminary Matters – At the start of the hearing, the Formal Investigating
Committee shall call the case, ask for the appearances of the parties and shall proceed
with the reception of evidence for the complainant.

If the respondent appears without the aid of a counsel, he shall be deemed to have
waived his right thereto.

Before taking the testimony of a witness, the hearing officer shall place him under oath
and then take his name, address, civil status, age and place of employment.
The Affidavit or Sworn Statement of the witness shall then be properly identified and
affirmed. Said Affidavit or Sworn Statement shall serve as the direct testimony of the
witness.

Section 32. Appearance of Counsel – Any counsel appearing before any hearing or
investigation shall manifest orally or in writing his appearance as prosecutor of the
case, counsel for private complainant or counsel for respondent, stating his full name,
IBP receipt and exact address where he can be served with notices and other
pleadings. Any pleading or appearance of counsel without complying with the above
stated requirements shall not be recognized. However, the parties may chose to
represent themselves without the assistance of counsel.

Section 33. Order of Hearing – Unless the Committee directs otherwise, the Order of
Hearing may be as follows:

a. Prosecution or Private Complainant may present the witnesses whose affidavits or

sworn statements shall serve as their direct testimonies. These witnesses shall identify
their affidavits and certify that they were executed truthfully, voluntarily and without
any promise of reward or threat of punishment. Purpose of the testimony of the
witnesses must be stated.

b. Written interrogatories in lieu of cross-examination – Upon the termination of the

direct examination, the adverse party shall answer the written interrogatories
submitted in advance by the adverse party, which shall take the place of lengthy and
time-consuming cross-examination. Failure to answer said interrogatories may be a
ground for the Committee to disregard or exclude as evidence the affidavit of the
witness subject of the interrogatory.

c. After the conclusion of the testimony of the witness, prosecution or private

complainant has to present its succeeding witnesses applying * the same order of
examination mentioned above.

d. After the presentation of all its witnesses, prosecution or private complainant shall
then make an oral formal offer of its documentary evidences. The purpose for which
the evidences are offered must be specified,’ and thereafter, the adverse party may
comment or object orally or in writing on prosecution’s or private complainant’s
evidences.

e. After the formal offer of evidence and objections or comment thereto, the
Committee shall issue an Order in open court as to whether or not the Committee shall
admit or reject the documentary evidences being offered.
f. The respondent shall then present his evidence in support of his defense(s) following
the same order as in the presentation of prosecution’s or private complainant’s
evidence.

Section 34. Objections – All objections raised during the hearing shall be resolved by
the Investigating Committee. However, objections that cannot be ruled upon
immediately by the hearing officer shall be noted with the information that the same
shall be included in the memorandum of the concerned party to be ruled upon by the
proper disciplining authority.

The Investigating Committee shall accept all evidence deemed material and relevant to
the case. In case of doubt, the Committee shall allow the admission of evidence subject
to the objection interposed against its admission.

Section 35. Markings – All documentary evidences or exhibits shall be properly

marked by letters (A, B, C, etc.) if presented by prosecution or private complainant and
by numbers (1, 2, 3 etc.) if presented by respondent during the preliminary conference
or during the hearing(s) conducted by the Formal Investigation Committee.

Section 36. Issuance of Subpoena – The Committee may issue Subpoena Ad

Testificandum to compel the attendance of witnesses and Subpoena Duces Tecum for
the production of documents or things.

Section 37. Records of Proceedings – Records of the proceedings during the Formal
Investigation may be taken in shorthand or stenotype or made through other means of
recording.

Section 38. Filing of Motions, Petitions, Appeals and Other Pleadings – Any motion,
petition, appeal and other pleadings, sent by registered mail shall be deemed filed on
the date shown by the postmark on the envelope which shall be attached to the
records of the case and in case of personal delivery, the date stamped therein by the
office concerned.

Section 39. Effect of the Pendency of an Administrative Case – Pendency of an

Administrative Case shall not disqualify respondent for promotion or from claiming
maternity/paternity benefits.

Section 40. No Publicity During the Pendency of an Administrative Case Against a

Teacher – No publicity shall be given to any administrative case against a teacher
during the pendency of his case.

Section 41. Formal Investigation Report – Within fifteen (15) days after the
conclusion of the Formal Investigation, a report containing a narration of the material
facts established during the investigation, the findings and the evidence supporting
said findings, as well as the recommendations, shall be submitted by the Formal
Investigation Committee with the disciplining authority. The complete records of the
case shall be attached to the Report of Investigation,

The complete records shall be systematically and chronologically arranged, paged and
securely bound to prevent loss. A table of contents shall be prepared. Whoever is in-
charge of the transmittal of the complete records shall be held responsible for any loss
or suppression of pages thereof.

The Formal Investigation Report shall not be given to the parties, and shall serve only
as a guide to the Disciplining Authority, who may or may not adopt the same entirely or
partially.

Section 42. Period to Render Decision – The disciplining authority shall render his
Decision on the case within thirty (30) days from receipt of the Report of Investigation.

Section 43. Decision of the Secretary of Education in Administrative Cases against

Presidential Appointees – Decision of the Secretary over administrative cases against
Presidential Appointees shall be subject to confirmation, modification, or disapproval
by the President. The final Order or Resolution of the President confirming, modifying
or disapproving the decision of the Secretary in administrative cases against a
Presidential Appointee shall be subject to a Motion for Reconsideration or to an appeal
to the Court of Appeals under Rule 43 of the Rules of Court, within the period provided
in Section 4 of the( Rule 43 of the Rules of Court.

Section 44. Decision of the Secretary of Education in Administrative Cases Against

Non-Presidential Appointees – Decision of the Secretary in administrative cases
against non-presidential appointees whereby a penalty of suspension for not more
than thirty (30) days or a fine not exceeding thirty days salary is imposed, shall be final
and executory. If the penalty imposed is suspension exceeding thirty (30) days or fine in
an amount exceeding thirty (30) days salary, the same shall be final and executory after
the lapse of the reglementary period for filing a Motion for Reconsideration or an
Appeal to the Civil Service Commission and no such pleading has been filed.
Nevertheless, decisions appealed to the courts shall be implemented unless a
temporary restraining order or writ of injunction is issued by said courts.

Section 45. Decision of the Regional Director Where Penalty is Removal – Decision
of the Regional Director which imposes a penalty of removal shall be subject to
confirmation, modification or disapproval by the Secretary of Education. Decision as
confirmed, modified or disapproved shall be subject to a Motion for Reconsideration of
the Secretary of Education or to an Appeal to the Civil Service Commission.
Section 46. Decision of the Regional Director Where Penalty is Suspension or
Fine – A decision rendered by the Regional Director whereby a penalty of suspension
for not more than thirty (30) days or a fine in an amount not exceeding thirty (30) days’
salary is imposed, shall be final and executory. However, if the penalty imposed is
suspension exceeding thirty (30) days or fine in an amount exceeding thirty days’
salary, the same shall be final and executory after the lapse of the reglementary period
for filing a Motion for Reconsideration or an Appeal and no such pleading has been
filed. Nevertheless, decisions appealed to the courts shall be implemented unless a
temporary restraining order or writ of injunction is issued by said courts.

Section 47. Filing of Motion for Reconsideration – The party adversely affected by
the decision may file a Motion for Reconsideration with the disciplining authority who
rendered the same within fifteen (15) days from receipt thereof.

Section 48. Grounds for Motion for Reconsideration – The Motion for
Reconsideration shall be based on any of the following:

a. New evidence has been discovered which materially affects the decision rendered, or

b. The decision is not supported by the evidence on record.

c. Errors of law or irregularities have been committed prejudicial to the interest of the
movant.

Section 49. Limitation – Only one Motion for Reconsideration shall be entertained.

Section 50. Effect of Filing – The filing of a Motion for Reconsideration within the
reglementary period of fifteen (15) days from receipt of the decision shall stay the
execution of the decision sought to be reconsidered.

Section 51. Filing of Appeals – Decisions of the Regional Directors imposing a penalty
exceeding thirty (30) days suspension or fine in an amount exceeding thirty (30) days’
salary, may be appealed to the Secretary of Education within a period of fifteen (15)
days from receipt thereof. Then, from the Secretary of Education, the same may be
finally appealed to the Civil Service Commission. Pending appeal, the same shall be
executory, except where the penalty is removal in which case the same shall be
executory only after confirmation by the Secretary concerned.

Section 52. Appeal Fee – The appellant shall pay an appeal fee of Three Hundred
Pesos (P300.00) and a copy of the receipt thereof shall be attached to the appeal.
Section 53. Perfection of an Appeal – To perfect an appeal, the appellant shall within
fifteen (15) days from receipt of the decision submit to the disciplining authority
concerned the following:

a. Notice of appeal which shall specifically state the date of the decision appealed from
and the date of receipt thereof;

b. Three (3) copies of appeal memorandum containing the grounds relied upon for the
appeal, together with the certified true copy of the decision, resolution or order
appealed from, and certified copies of the documents or evidence;

c. Proof of service of a copy of the appeal memorandum to the disciplining office;

d. Proof of payment of the appeal fee; and

e. A statement or certificate of non-forum shopping.

Failure to comply with any of the above requirements within the reglementary period
shall be construed as failure to perfect an appeal and shall cause its dismissal.

Section 54. Effect of Filing – An appeal shall not stop the decision from being
executory, and in case the penalty is suspension or removal, the respondent shall be
considered as having been under preventive suspension during the pendency of the
appeal, in the event he wins the appeal.

Section 55. When Case is Remanded for Violation of Respondent’s Right to Due
Process – If the case on appeal with the Civil Service Commission is remanded to the
proper disciplining authority for further investigation, the said disciplining authority
shall finish the investigation within sixty (60) days from the date of receipt of the
records from the Commission, unless the investigation is delayed due to the fault,
negligence or petition of the respondent, or an extension is granted by the Civil Service
Commission in meritorious cases. The period of delay shall not be included in the
computation of the prescribed period.

Within thirty (30) days from the termination of the investigation, the Disciplining
Authority shall render its decision. If at the end of said period, the disciplining authority
fails to decide the case, the Civil Service Commission may set aside the appealed
decision and declare respondent exonerated of the charge. If the respondent is under
preventive suspension, he shall be immediately reinstated.

Section 56. Petition for Review with the Court of Appeals – A party may elevate a
decision of the Civil Service Commission before the Court of Appeals by way of a
petition for review under Rule 43 of the 1997 Revised Rules of Court.
Section 57. Recommendation for an Executive Clemency – In meritorious cases and
upon recommendation of the Secretary of Education, the President may commute or
remove administrative penalties or disabilities imposed upon officers or employees in
disciplinary cases, subject to such terms and conditions as he may impose in the
interest of the service.

For this purpose, a petition for a favorable recommendation for the grant of executive
clemency may be filed by a dismissed or disciplined employee with the Department of
Education upon submission of the following:

a. certified true copy of the decision in the disciplinary case with a favorable
recommendation by the disciplining authority;

b. certification from reputable members of the community where he resides to the

effect that he has become a useful member thereof;

c. proof of non-pendency of an appeal/petition for review relative to his disciplinary

case before any court/tribunal; and

d. proof of payments of Three Hundred (P300.00) Pesos.

Section 58. Classification of Offenses – Administrative offenses with corresponding

penalties are classified into grave, less grave or light, depending on their gravity or
depravity and effects on the government service.

A. The following are grave offenses with their corresponding penalties:

1. Dishonesty : 1st offense – Dismissal

2. Gross Neglect of Duty : 1st offense – Dismissal

3. Grave Misconduct : 1st offense – Dismissal

4. Being Notoriously Undesirable : 1st offense – Dismissal

5. Conviction of a crime involving moral turpitude : 1st offense -Dismissal

6. Falsification of official document : 1st offense – Dismissal

7. Physical or mental incapacity or disability due to immoral or vicious habits : 1st

offense – Dismissal

8. Engaging directly or indirectly in partisan political activities by one holding non-

political office : 1st offense – Dismissal
9. Receiving for personal use of a fee, gift or other valuable thing in the course of
official duties or in connection therewith when such fee, gift or other valuable thing is
given by any person in the hope or expectation of receiving a favor or better treatment
than that accorded to other persons, or committing acts punishable under the anti-
graft laws : 1sl offense – Dismissal

10. Contracting loans of money or other property from persons with whom the office
of the employee has business relations : 1st offense – Dismissal

11. Soliciting or accepting directly or indirectly, any gift, gratuity, favor, entertainment,
loan or anything of monetary value which in the course of his official duties or in
connection with any operation being regulated by, or any transaction which may be
affected by the functions of his office. The propriety or impropriety of the foregoing
shall be determined by its value, kinship, or relationship between giver and receiver
and the motivation, A thing of monetary value is one which is evidently or manifestly
excessive by its very nature 1s’ offense -Dismissal

12. Nepotism : 1st offense – Dismissal

13. Disloyalty to the Republic of the Philippines and to the Filipino people : 1st offense –
Dismissal

14. Oppression : 1st offense – Suspension (6 mos. 1 day to 1 year); 2nd offense –
Dismissal

15. Disgraceful and immoral conduct : 1st offense – Suspension for six (6) months and
one (1) day to one (1) year; 2nd offense -Dismissal

16. Inefficiency and incompetence in the performance of official duties : 1st offense –
Suspension for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal

17. Frequent unauthorized absences, or tardiness in reporting for duty, loafing or

frequent unauthorized absences from duty during regular office hours : 1st offense –
Suspension for six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal

18. Refusal to perform official duty : 1st offense – Suspqpsion for six (6) months and
one (1) day to one (1) year; 2nd offense -Dismissal

19. Gross insubordination : 1st offense – Suspension for six (6) months and one (1) day
to one (1) year; 2nd offense – Dismissal

20. Conduct prejudicial to the best interest of the service ; 1st offense – Suspension for
six (6) months and one (1) day to one (1) year; 2nd offense – Dismissal
21. Directly or indirectly having financial and material interest in any transaction
requiring the approval of his office. Financial and material interest is defined as
pecuniary or proprietary interest by which a person will gain or lose something ; 1st
offense -Suspension for six (6) months and one (1) day to one (1) year; 2nd offense –
Dismissal

22.Owning, controlling, managing or accepting employment as officer, employee,

consultant, counsel, broker, agent, trustee, or nominee in any private enterprise
regulated, supervised or licensed by his office, unless expressly-allowed by law : 1st
offense – Suspension for six (6) months and one (1) day to one (1) year; 2nd offense –
Dismissal

23. Disclosing or misusing confidential or classified information officially known to him

by reason of his office and not made available to the public, to further his private
interests or give undue advantage to anyone, or to prejudice the public interest ; 1st
offense – Suspension for six (6) months and one (1) day to one (1) year; 2nd offense –
Dismissal

24. Obtaining or using any statement filed under the Code of Conduct and Ethical
Standards for Public Officials and Employees for any purpose contrary to morals or
public policy or any commercial purpose other than by news and communications
media for dissemination to the general public : 1st offense – Suspension for six (6)
months and one (1) day to One (1) year; 2nd offense – Dismissal

25. Recommending any person to any position in a private enterprise which has a
regular or pending official transaction with his office, unless such recommendation or
referral is mandated by (1) law, or (2) international agreements, commitment and
obligation, or as part of the function of his office : 1st offense – Suspension for six (6)
months anemone (1) day to one (1) year; 2nd offense – Dismissal

B. The following are less grave offenses with the corresponding penalties:

1. Simple Neglect of Duty : 1st offense – Suspension for one (1) month and one (1) day
to six (6) months; 2nd offense – Dismissal

2. Simple Misconduct 1st offense – Suspension for one (1) month and one (1) day to six
(6) months; 2nd offense – Dismissal

3. Gross Discourtesy in the course of official duties : 1st offense -Suspension for one (1)
month and one (1) day to six (6) months; 2nd offense – Dismissal
4. Violation of existing Civil Service Law and rules of serious nature : 1st offense –
Suspension for one (1) month and one (1) day to six (6) months; 2nd offense –
Dismissal

5. Insubordination : 1sl offense – Suspension for one (1) month and one (1) day to six
(6) months; 2nd offense – Dismissal

6. Habitual Drunkenness : 1st offense – Suspension for one (1) month and one (1) day
to six (6) months; 2nd offense -Dismissal

7. Unfair discrimination in rendering public service due to party affiliation or preference

: 1st offense – Suspension for one (1) month and one (1) day to six (6) months; 2nd
offense -Dismissal

8. Failure to file sworn statements of assets, liabilities and net worth, and disclosure of
business interest and financial connections including those of their spouses and
unmarried children under eighteen (18) years of age living in their households : 1st
offense – Suspension for one (1) month and one (1) day to six (6) months; 2nd offense –
Dismissal

9. Failure to resign from his position in the private business enterprise within thirty (30)
days from assumption of public office when conflict of interest arises, and/or failure to
divest himself of his shareholdings or interest in private business enterprise within
sixty (60) days from assumption of public office when conflict of interest arises;
Provided, however, 4^at for those who are already in the service and conflict of interest
arises, the official or employee must either resign or divest himself of said interest
within the periods herein above; provided, reckoned from the date when the conflict of
interest had arisen : 1st offense – Suspension for one (1) month and (1) day to six (6)
months; 2nd offense – Dismissal

C. The following are Light Offenses with Corresponding Penalties:

1. Discourtesy in the course of official duties 1st offense -Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

2. Improper or unauthorized solicitation of contributions from subordinate employees

and by teachers or school officials from school children 1st offense – Reprimand; 2nd
offense -Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal

3. Violation of reasonable office rules and regulations : 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
4. Frequent unauthorized tardiness (Habitual Tardiness) 1sl offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

5. Gambling prohibited by law : 1st offense – Reprimand; 2nd offense – Suspension for
one (1) to thirty (30) days; 3rd offense – Dismissal

6. Refusal to render overtime service : 1st offense – Reprimand; 2nd offense –

Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

7. Disgraceful, immoral or dishonest conduct prior to entering the service : 1st offense
– Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense –
Dismissal

8. Borrowing money by superior officers from subordinates : 1st offense – Reprimand;

2nd offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

9. Lending money at usurious rates of interest 1st offense -Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

10. Willful failure to pay just debts or willful failure to pay taxes due to the
government : 1st offense – Reprimand; 2nd offense -Suspension for one (1) to thirty
(30) days; 3rd offense -Dismissal

The term “just debts” shall apply only to:

1. Claims adjudicated by a court of law, or

2. Claims the existence and justness of which are ‘ admitted by the debtor.

11. Lobbying for personal interest or gain in legislative halls and offices without
authority : 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30)
days; 3rd offense -Dismissal

12. Promoting the sale of tickets in behalf of private enterprises that are not intended
for charitable or public welfare purposes and even in the latter cases, if there is no
prior authority : 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty
(30) days; 3rd offense – Dismissal

13. Failure to act promptly on letters and request within fifteen (15) days from receipt,
except as otherwise provided in the rules implementing the Code of Conduct and
Ethical Standards for Public Officials and Employees : 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal
14. Failure to process documents and complete action on documents and papers
within a reasonable time from preparation thereof, except as otherwise provided in the
rules implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees ; 1st offense – Reprimand; 2nd offense – Suspension for one (1) to thirty (30)
days; 3rd offense – Dismissal

15. Failure to attend to anyone who wants to avail himself of the services of the office,
or act promptly and expeditiously on public transactions : 1st offense – Reprimand; 2nd
offense – Suspension for one (1) to thirty (30) days; 3rd offense -Dismissal

16. Engaging in private practice of his profession unless authorized by the Constitution,
law or regulation, provided that such practice will not conflict with his official functions :
1st offense -Reprimand; 2nd offense – Suspension for one (1) to thirty (30) days; 3rd
offense – Dismissal

17. Pursuit of private business, vocation or profession without the permission required
by Civil Service rules and regulations : 1sl offense – Reprimand; 2nd offense –
Suspension for one (1) to thirty (30) days; 3rd offense – Dismissal

Sexual harassment which is also classified into grave, less grave and light offenses,
pursuant to CSC Resolution No. 01-0940, may be prosecuted apart from related
offenses punished under this section.

Section 59. Extenuating, Mitigating, Aggravating, or Alternative Circumstances –

In the determination of the penalties to be imposed, mitigating, aggravating and
alternative circumstances attendant to the commission of the offense shall be
considered.

The following circumstances shall be appreciated:

a. Physical fitness

b. Good faith

c. Taking undue advantage of official position

d. Taking undue advantage of subordinate

e. Undue disclosure of confidential information

f. Use of government property in the commission of the offense

g. Habituality
h. Offense is committed during office hours and within the premises of the office or
building

i. Employment of fraudulent means to commit or conceal the offense

j. Length of service in the government

k. Education, or

l. Other analogous circumstances

Nevertheless, in the appreciation thereof, the same must be invoked or pleaded by the
proper party, otherwise, said circumstances shall not be considered in the imposition
of the proper penalty. The Disciplining Authority, however, in the interest of substantial
justice may take and consider these circumstances.

Section 60. Manner of Imposition – When applicable, the imposition of the penalty
may be made in accordance with the manner provided herein below:

a. The minimum of the penalty shall be imposed where only mitigating and no
aggravating circumstances are present.

b. The medium of the penalty shall be imposed where no mitigating and aggravating
circumstances are present.

c. The maximum of the penalty shall be imposed where only aggravating and no
mitigating circumstances are present.

d. Where aggravating and mitigating circumstances are present, paragraph [a] shall be
applied where there are more mitigating circumstances present; paragraph [b] shall be
applied when the circumstances equally offset each other; and paragraph [c] shall be
applied when there are more aggravating circumstances.

Section 61. Penalty for the Most Serious Offense – If the respondent is found guilty
of two or more charges or counts, the penalty to be imposed should be that
corresponding to the most serious charge or count and the rest shall be considered as
aggravating circumstances.

Section 62. Duration and Effect of Administrative Penalties – The following rules
shall govern in the imposition of administrative penalties:

a. The penalty of dismissal shall result in the permanent separation of the respondent
from the service, with or without prejudice to criminal or civil liability.
b. The penalty of transfer shall carry with it the sanction that failure on the part of the
respondent to seek transfer to another office within a period of not less than ninety
(90) days, he shall be considered resigned. The penalty of transfer may be imposed
with a condition that the respondent shall be barred from holding a position involving
property or money responsibility. *

c. The penalty of demotion shall include reduction in rank, or salary, or both.

d. The penalty-of suspension shall result in the temporary cessation of work for a
period not exceeding one (1) year. Suspension of one day or more shall be considered
a gap in the continuity of service. During the period of suspension, respondent shall
not be entitled to all money benefits including leave credits.

e. The penalty o*f fine shall be in an amount not exceeding six (6) months salary of
respondent. The computation thereof shall be based on the salary rate of the
respondent when the decision becomes final and executory.

f. The penalty of reprimand or censure shall not carry with it any accessory penalty nor
result in the temporary cessation of work.

Preventive suspension, which is not considered a penalty, shall not be considered as a

gap in the continuity of the service if the respondent is later exonerated of the charge/s
against him.

Section 63. Administrative Disabilities/Accessories to Administrative Penalties

a. Cancellation of eligibility

b. Forfeiture of retirement benefits

c. Disqualification for reinstatement or reemployment

d. Disqualification for promotion

e. Bar from taking any Civil Service examination

Section 64. Administrative Disabilities Inherent in Certain Penalties

a. The penalty of dismissal shall carry with it that of cancellation of eligibility, forfeiture
of retirement benefits, and the perpetual disqualification for reemployment in the
government servjce, unless otherwise provided in the decision.

b. The penalty of demotion shall carry with it disqualification for promotion for a period
of six (6) months from the date respondent reports to the new position or station.
c. The penalty of demotion shall carry with it disqualification for promotion t at the rate
of two (2) months for every step or one month for every range of salary by which he
was demoted to be computed from the date respondent reports to the new position or
station.

d. The penalty of suspension shall carry with it disqualification for promotion

corresponding to the period of suspension.

e. The penalty of fine shall carry with it disqualification for promotion for a period twice
the number of days that the fine will be paid to be reckoned from the date that the
decision/resolution became final and executory.

f. The penalty of fine shall be paid to the agency imposing the same, computed on the
basis of respondent’s salary at the time the decision becomes final and executory.

g. The following are the guidelines for the payment of fine:

1. Fine shall be paid within a period not exceeding one year reckoned from the date the
decision/resolution becomes final and executory.

2. Fine may be paid in equal monthly installments subject to the following schedule of
payment prescribed below:

a. Fine equivalent to one (1) month salary shall be paid within two (2) months;

b. Fine equivalent to two (2) months salary shall be paid within four (4) months;

c. Fine equivalent to three (3) months salary shall be paid within six (6) months;

d. Fine equivalent to four (4) months salary shall be paid within eight (8) months;

e. Fine equivalent to five (5) months salary shall belaid within ten (10) months;

f. Fine equivalent to six (6) months salary shall be paid within twelve (12) months.

3. Should the respondent fail to pay in full the fine within the r prescribed period, he
shall be deemed to have failed to serve the penalty imposed, hence, the
disqualification for promotion shall remain in effect until such time that the fine is fully
paid.

h. The penalty of reprimand shall not carry with it any of the accessory penalties.

i. A warning or admonition shall not be considered a penalty.

Section 65. Effect of Exoneration on Certain Penalties

a. In case the penalty imposed is a fine, the same shall be refunded.

b. In case the penalty imposed is demotion, the exonerated employee shall be restored
to his former position without loss of seniority rights with payment of salary
differentials.

c. In case the penalty imposed is transfer, he shall immediately be restored to his

former post unless he decides otherwise. In case there is demotion in rank, salary or
status, he shall be restored to his former rank, salary or status.

d. In case the penalty imposed is suspension, he shall immediately be reinstated to his

former post without loss of seniority rights with payment of back salaries.

e. In case the penalty imposed is dismissal, he shall immediately be reinstated without

loss of seniority rights with payment of back salaries.

Mandatory leave benefits shall not be charged against the respondent’s leave credits.

e. In case the penalty imposed is dismissal, he shall immediately be reinstated without

loss of seniority rights with payment of back salaries.

Mandatory leave benefits shall not be charged against the respondent’s leave credits.

The respondent who is exonerated by final judgement shall be entitled to the leave
credits for the period he had been out of the service.

Section 66. Repealing Clause – All DepEd Orders, Memoranda and Circulars
inconsistent with these rules are hereby repealed.

Section 67. Effectivity – These rules shall take effect fifteen (15) days after publication
in the Official Gazette.

Section 68. Filing with the UP Law Center – Three certified copies of these rules shall
be filed with the University of the Philippines Law Center on the date of publication.

Pasig City, December 4, 2006.

JESLI A. LAPUS
Secretary