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

2


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

3


ADMINISTRATIVE CASE INITIATED BY ANY OTHER PERSON

4


COMPLAINT

5


ACTIONS ON THE COMPLAINT

6


FACT-FINDING INVESTIGATION or PRELIMINARY INVESTIGATION

7


FORMAL INVESTIGATION

8


PREVENTIVE SUSPENSION

9


COMPOSITION OF THE FORMAL INVESTIGATING COMMITTEE

10


FORMAL INVESTIGATION REPORT

11


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

12


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

13


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

14


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

15


OFFENSES: Less Grave

• Simple Neglect of Duty

• Simple Misconduct

• Gross Discourtesy

• Violation of Civil Service Law and rules of serious nature

• Insubordination

• Habitual Drunkenness

16


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

17


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

18


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

19


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

20


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

21


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

22


DECISION OF THE SECRETARY IN ADMINISTRATIVE CASES

23


DECISION OF THE REGIONAL DIRECTOR IN ADMINISTRATIVE CASES

24


MOTION FOR RECONSIDERATION

25


APPEAL

26

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

Documents

public office

private business enterprise

private enterprise

public service

preliminary investigation

official transaction

public officials

official duty