Rules on Administrative Case

Question 1

Who are the disciplining authorities for administrative cases for teaching personnel?

Answer 1

Secretary and Regional Directors

Question 2

Who can be the disciplining authorities for non-teaching personnel

Answer 2

Superintendents

Question 3

What are the grounds for disciplinary action?

Answer 3

1. dishonesty
2. oppression
3. neglect of duty
4. misconduct
5. disgraceful and immoral conduct
6. being notoriously undesirable
7. discourtesy in the course of official duties
8. Inefficiency and incompetence in the performance of official duties
9. Receiving gifts, gift or valuable thing in the hope of receiving favor
10. Conviction of a crime involving moral turpitude
11. Improper or unauthorized solicitation from subordinate; from teacher to children
12. Violation of existing civil service law and rules or reasonable office regulations
13. Falsification of official documents
14. Frequent unauthorized absences or tardiness
15. Habitual drunkenness
16. Gambling prohibited by law
17. Refusal to perform official duty or render overtime service
18. Disgraceful, immoral or dishonest conduct prior to entering the service
19. Physical or mental incapacity or disability due to immoral or vicious conduct
20. Borrowing money by superior from subordinates and vice versa
21. Lending money at usurious rates of interest
22. Willful failure to pay just debts or illful failure to pay taxes
23. Contracting loans of money or other property from persons with whom office of the employees concerned has business relations
24. Pursuit of private-business, vocation or profession without the permission by the Civil Service rules and regulations
25. Insubordination
26. Engaging directly or indirectly in partisan political activities
    - conduct prejudicial to the best interest of the service
    - lobbying for personal interest in legislative halls without authority
    - promoting the sale of tickets not intended for charity
    - nepotism
    - sexual harassment

Question 4

What is not allowed to hear and decide administrative disciplinary cases?

Answer 4

Grievance Committee

Question 5

How does an administrative case commence?

Answer 5

either “motu proprio” or filed by a complainant

Question 6

What are the contents of the complaint?

Answer 6

1. Full name and address of complainant
2. full name and address of the person complained and position and office in DepED
3. narration of facts
4. certified true copies of documentary evidence and affidavits
5. certification or statement on non-forum shopping

Question 7

When and where a compliant may be filed?

Answer 7

1. for non-teaching - SDS Office

2. teaching - RD

Question 8

What action should the disciplining authority take if the case has merit?

Answer 8

Disciplining authority should appoint investigator/s to conduct fact-finding investigation within 10 days

Question 9

What about anonymous compliant?

Answer 9

No action to be taken unless the discioplining authority adopts and files it “motu proprio”

Question 10

When does the fact-finding investigation begin?

Answer 10

within 5 days upon receipt of the appointment; the complaint party to submit within 3 days counter-affidavit