REVISED RULES OF

PROCEDURE OF THE
DEPARTMENT OF
EDUCATION
IN ADMINISTRATIVE CASES
DepEd Order 49 series of
2006
Disciplining Authorities in DepEd
 Secretary and the Regional Directors in their
respective regions.
 Superintendents of Schools against non-teaching
personnel in their respective school divisions.
 Secretary shall have original and exclusive jurisdiction
for 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
GROUNDS FOR DISCIPLINARY
ACTION

 Dishonesty
 Oppression
 Neglect of Duty
 Misconduct
 Disgraceful and immoral conduct
GROUNDS FOR DISCIPLINARY
ACTION
 Being notoriously undesirable

 Discourtesy in the course of official duties

 Inefficiency and incompetence in the performance of official

duties

 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

 Conviction of a crime involving moral turpitude

GROUNDS FOR DISCIPLINARY
ACTION
 Improper or unauthorized solicitation of contributions from
subordinate employees and by teachers or school officials
from school children.

 Violation of existing Civil Service Law and Rules or

reasonable office or regulations.

 Falsification of official documents

 Frequent unauthorized absences or tardiness in reporting

for duty, loafing or frequent unauthorized absences from
duty during regular office hours

 Habitual drunkenness
GROUNDS FOR DISCIPLINARY
ACTION
 Gambling prohibited by law

 Refusal to perform official duty or render overtime service

 Disgraceful, immoral or dishonest conduct prior to entering

the service

 Physical or mental incapacity or disability due to immoral

vicious habits

 Borrowing money by superior officers from subordinates or

lending by subordinates to superior officers
GROUNDS FOR DISCIPLINARY
ACTION
 Lending money at usurious rates of interest

 Willful failure to pay just debts or willful failure to pay taxes

due the government

 Contracting loans of money or other property from persons

with whom the office of the employees concerned has
business relations

 Pursuit of private-business, vocation or profession without

the permission required by the Civil Service rules and
regulations

 Insubordination
 GROUNDS FOR DISCIPLINARY
ACTION
 Engaging directly or indirectly in partisan political activities by one
holding a non political office.

 Conduct prejudicial to the best interest of the service

 Lobbying for personal interest or gain in legislative halls or offices

without authority.

 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

 Nepotism as defined in Section 59, Chapter 8, Subtitle A, Title I,

Book V of E.O. No. 292

 Sexual Harassment as defined and penalized under CSC Resolution

No. 01-0940.
Administrative proceedings may be
commenced

a. Motu proprio:
The Secretary of Education, the Regional Director,
in case of DepED Officials and teaching and non-
teaching personnel.
The Schools Division Superintendents in case of
non-teaching personnel within their jurisdiction.

b. Sworn written complaint of any other

persons.
 Form of the 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.
 What shall the complaint contain?

 Full name and address of the complainant

 Full name and address of the person complained as well as

his position and office in the Department of Education

 A narration of the relevant and material facts which should

show the acts or omissions as allegedly committed by the
person

 Certified true copies of documentary evidence and affidavits

of his witnesses if any; and

 Certification or statement on non-forum shopping.

 When and Where to File a
Complaint?
 at any time

 School Superintendents concerned for cases

against non-teaching personnel in their
respective divisions

 Regional Directors concerned for cases against

teachers and against their personnel at their
respective regional offices

 Legal Division of the Central Office for cases

against Presidential Appointees and employees at
the Central Office.
 What is the effect of 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.
 What are the Actions that may be
taken by the Disciplining Authority
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.
 Fact-Finding Investigation or
Preliminary Investigation

 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, 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.
 Upon receipt of the Counter-Affidavit or
Comment under oath, the investigator(s) may
summon the parties to a conference.

 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
 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.

 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.
 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

 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.
 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.
 Preventive Suspension

 Upon motion of the complainant or

 Motu Proprio
 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.
 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.

 not exceeding a period of 90 calendar

days.
 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.
Formal Investigation Committee
 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.
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.
 Nature of the Formal Investigation
 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.
 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.
 No publicity shall be given to any
administrative case against a teacher
during the pendency of his case.
 The following are grave offenses
with their corresponding
penalties:
 Dishonesty : 1st offense – Dismissal

 Gross Neglect of Duty : 1st offense – Dismissal

 Grave Misconduct : 1st offense – Dismissal

 Being Notoriously Undesirable : 1st offense – Dismissal

 Conviction of a crime involving moral turpitude : 1st offense –Dismissal

 Falsification of official document : 1st offense – Dismissal

 Physical or mental incapacity or disability due to immoral or vicious habits :

1st offense – Dismissal
 Engaging directly or indirectly in partisan political activities
by one holding non-political office : 1st offense – Dismissal

 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 : 1st offense – Dismissal

 Contracting loans of money or other property from

persons with whom the office of the employee has
business relations : 1st offense – Dismissal
 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

 Nepotism : 1st offense – Dismissal

 Disloyalty to the Republic of the Philippines and to the Filipino

people : 1st offense – Dismissal

 Oppression : 1st offense – Suspension (6 mos. 1 day to 1 year);

2nd offense – Dismissal

 Disgraceful and immoral conduct : 1st offense – Suspension for six

(6) months and one (1) day to one (1) year; 2nd offense -Dismissal
 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

 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

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

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

 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
 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

 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

 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
 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

 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 and one (1) day to one (1) year; 2nd
offense – Dismissal
 B. The following are less grave
offenses with the corresponding

penalties:
Simple Neglect of Duty : 1st offense – Suspension for one (1)
month and one (1) day to six (6) months; 2nd offense – Dismissal

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

 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

 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

 Insubordination : 1sl offense – Suspension for one (1) month and

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

 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

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

 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

 Violation of reasonable office rules and regulations : 1st offense –

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

 Frequent unauthorized tardiness (Habitual Tardiness) 1sl offense –

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

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

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

 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

 Borrowing money by superior officers from subordinates : 1st offense –

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

 Lending money at usurious rates of interest 1st offense -Reprimand; 2nd

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

 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
 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

 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
 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

 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
 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

 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.
 Duration and Effect of
Administrative Penalties
 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.

 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.

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

 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.

 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.