revised rules of procedure of the department of education in administrative cases (deped order no....

Revised Rules of Procedure of the Department of Education in

Administrative Cases

(DepEd Order No. 49, s. 2006)

DEPARTMENT OF EDUCATION

PRELIMINARY CONSIDERATIONS:DISCIPLINING AUTHORITY

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DEPARTMENT OF EDUCATION

ADMINISTRATIVE CASES INITIATED MOTU PROPRIO by the Secretary, RD or SDS

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DEPARTMENT OF EDUCATION

ADMINISTRATIVE CASE INITIATED BY ANY OTHER PERSON

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DEPARTMENT OF EDUCATION

COMPLAINT

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DEPARTMENT OF EDUCATION

ACTIONS ON THE COMPLAINT

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DEPARTMENT OF EDUCATION

FACT-FINDING INVESTIGATION or PRELIMINARY INVESTIGATION

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DEPARTMENT OF EDUCATION

FORMAL INVESTIGATION

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DEPARTMENT OF EDUCATION

PREVENTIVE SUSPENSION

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DEPARTMENT OF EDUCATION

COMPOSITION OF THE FORMAL INVESTIGATING COMMITTEE

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DEPARTMENT OF EDUCATION

FORMAL INVESTIGATION REPORT

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DEPARTMENT OF EDUCATION

OFFENSES: Grave

• Dishonesty• Gross Neglect of Duty• Grave Misconduct• Being Notoriously Undesirable• Conviction of a crime involving moral turpitude• Falsification of official document• Physical or mental incapacity• Engaging in partisan political activities• Receiving for personal use of a fee, gift or other

valuable thing

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DEPARTMENT OF EDUCATION

OFFENSES: Grave

• Contracting loans of money or other property from persons with whom the office of the employee has business relations

• Soliciting or accepting anything of monetary value• Nepotism• Disloyalty to the Philippines and to its people• Oppression• Disgraceful and immoral conduct• Inefficiency and incompetence • Frequent unauthorized absences or tardiness• Refusal to perform official duty

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DEPARTMENT OF EDUCATION

OFFENSES: Grave

• Gross insubordination

• Conduct prejudicial to the best interest of the service

• Directly or indirectly having financial and material interest in any transaction requiring the approval of his office

• Owning, controlling, managing or accepting employment as officer, among others, in any private enterprise regulated, supervised or licensed by his office, unless expressly-allowed by the law

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DEPARTMENT OF EDUCATION

OFFENSES: Grave

• Disclosing or misusing confidential or classified information

• Obtaining or using any statement filed under the Code of Conduct and Ethical Standards for Public Officials and Employees

• Recommending any person to any position in a private enterprise which has a regular or pending official transaction with his office

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DEPARTMENT OF EDUCATION

OFFENSES: Less Grave

• Simple Neglect of Duty

• Simple Misconduct

• Gross Discourtesy

• Violation of Civil Service Law and rules of serious nature

• Insubordination

• Habitual Drunkenness

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DEPARTMENT OF EDUCATION

OFFENSES: Less Grave

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

• Failure to file sworn statements of assets, liabilities and net worth and disclosure of business interest and financial connections

• Conflict of interest between private business enterprise and public office

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DEPARTMENT OF EDUCATION

OFFENSES: Light

• Discourtesy

• Improper or unauthorized solicitation of contributions from subordinate employees

• Violation of reasonable office rules and regulations

• Habitual tardiness

• Gambling

• Refusal to render overtime service

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DEPARTMENT OF EDUCATION

OFFENSES: Light

• Disgraceful, immoral or dishonest conduct prior to entering the service

• Borrowing money by superior officers from subordinates

• Lending money at usurious rates of interest

• Willful failure to pay just debts or to pay taxes

• Lobbying for personal interest or gain

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DEPARTMENT OF EDUCATION

OFFENSES: Light

• Promoting the sale of tickets in behalf of private enterprises that are not intended for charitable or public welfare purpose

• Failure to act promptly on letters and requests within fifteen (15) days

• Failure to process and complete action on documents and papers within a reasonable time from preparation thereof

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DEPARTMENT OF EDUCATION

OFFENSES: Light

• Failure to attend to anyone who wants to avail himself of the services of the office

• Engaging in private practice of his profession

• Pursuit of private business, vocation or profession

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DEPARTMENT OF EDUCATION

DECISIONS

• The decision shall be in writing and shall state clearly and distinctly the facts and the law on which it is based

• The disciplining authority shall render his Decision on the case within thirty (30) days from receipt of the Report of Investigation

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DEPARTMENT OF EDUCATION

DECISION OF THE SECRETARY IN ADMINISTRATIVE CASES

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DEPARTMENT OF EDUCATION

DECISION OF THE REGIONAL DIRECTOR IN ADMINISTRATIVE CASES

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DEPARTMENT OF EDUCATION

MOTION FOR RECONSIDERATION

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DEPARTMENT OF EDUCATION

APPEAL

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