decs rules of procedure

8/12/2019 Decs Rules of Procedure

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DECS RULES OF PROCEDUREMarch 25, 1999

WHEREAS, Section 7 (3), Chapter II, Book IV of the AdministrativeCode of 1987 empowers the Secretary to promulgate rules andregulations necessary to carry out department objectives, policies,functions, plans, programs and projects;

WHEREAS, Section 7 (4), Chapter II, Book IV of the AdministrativeCode of 1987 empowers the Secretary to promulgate administrativeissuances necessary for the efficient administration of the officialsunder the Secretary and for proper execution of the laws relativethereto;

WHEREAS, there is an urgent need to rationalize and systematize theconduct of the proceedings to expedite the resolution of complaintsand grievances involving officials and employees of the Department

of Education, Culture and Sports;

NOW, THEREFORE I, the Secretary of the Department of Education,Culture and Sports, hereby resolve to promulgate and adopt thefollowing Rules and Procedure.

CHAPTER ITitle and Construction

SECTION 1. Title of the Rules. These Rules shall be known asthe DECS Rules of Procedure.

SECTION 2. Construction. These rules shall be liberallyconstrued in order to effect an expeditious and just settlement ofdisputes.


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SECTION 3. Applicability of the Rules of Court. Administrative Investigations shall be conducted without necessarilyadhering to the technical rules of procedure applicable to judicialproceedings.

In the absence of any applicable provision in these Rules, thepertinent provisions of the Rules of Court, rules and issuances of theCivil Service Commission and prevailing jurisprudence, in the interestof expeditious and just settlement of disputes, whenever practicableand convenient, may be applied by analogy or in a suppletorycharacter and effect.

CHAPTER IIGrievance Procedure

SECTION 1. Definition of Grievance. Grievance refers todissatisfactions that arise in the working conditions, relationships orstatus among co-workers that is believed to be wrong, unfair, ignored,or dropped without due consideration.

SECTION 2. Definition of Grievance Procedure. GrievanceProcedure refers to a workable procedure for determining orproviding the best way to remedy the specific cause or causes of theGrievance. The Grievance within the DECS shall be in accordance

with this Chapter.

SECTION 3. When Grievance Procedure is Not Applicable. When the dissatisfaction calls for disciplinary action, it shall not beconsidered as a Grievance it shall be brought as an administrativedisciplinary case in accordance with Chapter III.

SECTION 4. Proper Subjects/Objects of Grievances. Thefollowing may be the proper subject/object of grievances:

a) Unsatisfactory working conditions;

b) Improper, tedious or laborious work assignments;

c) Faulty tools or equipment;


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d) Unsatisfactory personnel and/or work processes;

e) Improper placement and selection of personnel;

f) Improper appreciation of the factors relative to lay-offs,promotions, salary increases and transfers;

g) Arbitrary exercise of discretion;

h) Inter-personal relationships;

i) Policies, practices and procedures which affect employees;and

j) Any and all matters giving rise to employee dissatisfaction.

SECTION 5. Oral Discussion. A Grievance shall be presentedorally in the first instance to the employee's immediate superior whoshall, within three (3) days from the date of presentation, inform theemployee orally of his or her decision.

In the oral discussion, the following shall be observed:

a) Both parties shall be put at ease. Every effort shall be

exerted to make them feel at ease during the oral discussion.

b) Both parties shall be encouraged to talk. The employeeshall be allowed to tell or explain his or her side during theoral discussion.

c) Privacy in discussion. Oral discussion shall be held in aquiet and secluded spot where the conversation cannot beinterrupted or overhead.

d.) The case shall be heard fully. The superior shall seek tokeep his or her views and opinions entirely to himself/herselfuntil after the employee has explained his or her side.

e) A definite decision shall be reached. At the end of thediscussion, the superior must be prepared to state his or her


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position clearly and accurately based on the merits of thegrievance. He or she need not immediately give a definitedecision, but the decision shall be rendered within three (3)days from the presentation of the complaint.

SECTION 6. Grievance in Writing. If the employee is notsatisfied with the oral decision, he or she may submit his or hergrievance in writing to the Grievance Committee having jurisdictionover the grievance. In case the grievant is still not satisfied with thedecision, he or she may elevate the case to the Grievance Committeehaving appellate jurisdiction over the previous one.

SECTION 7. Jurisdiction of Grievance Committees.

a) The School Grievance Committee shall have the originaljurisdiction over grievances of teachers and non-teachingpersonnel in the school that were not orally resolved;

b) The District Grievance Committee shall have originaljurisdiction over grievances of employees in the district thatwere not orally resolved. It shall also have appellatejurisdiction over grievances that were not resolved in theSchool Grievance Committee;

c) The Schools Division Grievance Committee shall haveoriginal jurisdiction over grievances of employees in thedivision that were not orally resolved. It shall also haveappellate jurisdiction over grievances that were not resolvedin the District Grievance Committee;

d) The Regional Grievance Committee shall have originaljurisdiction over grievances of employees in the region thatwere not orally resolved. It shall also have appellate

jurisdiction over grievances that were not resolved in theSchools Division Grievance Committee;

e) The Division Grievance Committee shall have originaljurisdiction over grievances in the Division in the CentralOffice that were not orally resolved;


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(2) The Principal of the school where the grievance

originated; and

(3) The President of the District Teachers Association orhis or her designated representative.

c) Schools Division Grievance Committee

(1) The Schools Division Superintendent or his or herdesignated representative;

(2) The District Supervisor/Chair/Coordinator of thedistrict where the grievance originated; and

(3) The President of the Schools Division TeachersAssociation or his or her designated representative.

d) Regional Grievance Committee

(1) The Regional Director or his or her designatedrepresentative;

(2) The Schools Division Superintendent of the schools

division where the grievance originated; and

(3) The President of the Regional Teachers Association orhis her designated representative.

e) Division/Service Grievance Committee

(1) The Chief of the Division/Service or his or herdesignated representative;

(2) The President of the Employees Union; and

(3) A representative from the Human ResourceDevelopment Service.

f) Bureau Grievance Committee


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(1) The Director or his or her designated representative;


(3) A representative from the Human ResourcesDevelopment Service.

g) Agency Grievance Committee

(1) The Executive Director or head of the agency or his orher representative


(3) An officer or employee in charge with humanresources development.

SECTION 11. Procedure in the Grievance Committee. EachGrievance Committee shall create its own rules of procedure that isdeemed most appropriate in the settlement of grievances in itsrespective level.

CHAPTER III

Administrative Disciplinary Cases

SECTION 1. Administrative Disciplinary Case, Defined. AnAdministrative Disciplinary Case is one wherein an official oremployee of the government is prosecuted for an act or omissionpunishable as a non-penal offense as provided for in the Civil ServiceLaw, Administrative Code, and other laws pertaining to PublicOfficers and Civil Service employees. Non-penal offenses are alsoknown as administrative offenses.

SECTION 2. How Commenced. An AdministrativeDisciplinary Case may be commenced either by the Disciplining

Authority of the DECS with a motu proprio complaint or by any otherperson with an ordinary complaint filed with the Disciplining

Authority.


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SECTION 3. Disciplining Authority. The DiscipliningAuthority in the DECS shall be Secretary, Regional Directors shallalso act as the Disciplining Authority in their respective regions.

The President is the Disciplining authority for presidentialappointees. The Secretary is duly authorized to discipline Presidentialappointees subject to the President's confirmation.

SECTION 4. Form of the Complaint. An ordinary complaintshall be in writing, under oath and shall be written in a clear, simpleand concise language and in a systematic manner as to apprise thecivil servant concerned of the nature and cause of the accusationagainst him or her and to enable him or her to prepare his or herdefense and answer.

SECTION 5. Contents of the Complaint. An ordinarycomplaint shall contain the following:

a) The full name(s) and address(es) of the complainant(s);

b) The full name(s) and address(es) of the respondent(s), aswell as his/her/their position(s) and office of employment;

c) A narration of the relevant and material facts which shows

the acts or omissions allegedly committed by the civilservant;

d) A statement that no other administrative action or complaintagainst the same party involving the same acts or omissionsand issues has been filed before another agency oradministrative tribunal.

SECTION 6. Failure to Comply with Requirements. An

ordinary complaint which fails to comply with the requirements as toform and contents shall be dismissed.

SECTION 7. Attachments of Complaint. The complainant shallalso submit certified true copies of documentary evidence andaffidavits of his or her witnesses, if any.


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SECTION 8. Withdrawal of the Complaint. The withdrawal ofthe complaint does not necessarily discharge the respondent fromadministrative liability. The case may still be given due course whenthere is an obvious truth or merit to the charges.

SECTION 9. Anonymous Complaint. No action shall be takenon an anonymous complaint, unless there is obvious truth or merit tothe allegation thereof.

SECTION 10. Effect of Criminal or Civil Cases. Theadministrative disciplinary case involving the same parties, the sameacts or omissions and the same issues as the criminal or civil caseshall proceed independently of the criminal or civil case, if there beany.

SECTION 11. Effect of Filing of A Similar AdministrativeDisciplinary Case in Other Form. The filing at an earlier time of anadministrative disciplinary case in the Civil Service Commission,Commission on Elections, or in the Office of the Ombudsmaninvolving the same parties, the same acts or omissions and the sameissues shall constitute forum shopping and shall cause the dismissalof the case in the DECS, unless expressly withdrawn in said forumprior to the filing of the same with the DECS.

CHAPTER IVDetermination of A Prima Facie Case

SECTION 1. Prima Facie Case, Defined. A prima facie caseexists when there is a sufficient ground to engender a well-founded

belief that an administrative offense has been committed and that therespondent is probably guilty thereof and should be made subject of aFormal Charge.

SECTION 2. How Prima Facie Case is Determined. A primafacie case shall be determined by a fact-finding investigation and/or apreliminary investigation.

SECTION 3. When Made. A Fact-Finding or Preliminaryinvestigation shall commence within five (5) days from receipt of the


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complaint by the Disciplining Authority and shall be terminatedwithin thirty (30) days thereafter.

SECTION 4. Fact-Finding Investigation. Fact-findinginvestigation shall involve merely the ex parte examination of recordsand documents submitted by the complaint, as well as documentsreadily available from other government offices.

SECTION 5. Preliminary Investigation. Preliminaryinvestigation is an inquiry or proceeding whereby the complainantand the respondent are given the opportunity to submit theiraffidavits and counter-affidavits, as well as those of their witnesses.Failure of the respondent to submit his or her counter-affidavit shall

be construed as a waiver thereof.

During the inquiry or proceeding, the parties and their witnesses shallbe asked to affirm their signatures on said documents and thetruthfulness of the statements contained therein. Under nocircumstances shall cross-examination of the witnesses be allowed

but the investigating officer may propound clarificatory questions.

SECTION 6. Investigating Officers. The Disciplining Authorityshall designate a competent officer(s) who shall conduct the factfinding or preliminary investigation.

SECTION 7. Failure to Affirm Signature and the Contents of theAffidavit. Failure of any of the parties or witnesses to affirm thesignature on his or her affidavit and the contents thereof during thepreliminary investigation shall render such affidavit withoutevidentiary value.

SECTION 8. Issuance of Subpoena. The investigating officermay issue subpoena duces tecum for the production of documents or

materials needed in the determination of the existence of a primafacie case.

SECTION 9. Record of the Proceedings. During thepreliminary investigation, the investigating officer shall record in hisor her own handwriting his or her clarificatory questions to theparties and their witnesses and the answers given thereto. Such


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record and other notes made by the investigating officer shall formpart of the records of the case.

SECTION 10. Investigation Report. Within five (5) days fromthe termination of the fact-finding or preliminary investigation, theinvestigating officer shall submit his or her Report of Investigationand the complete records of the proceedings to the Disciplinary

Authority.

SECTION 11. Resolution After the Investigation. If a primafacie case exists, after a, fact-finding investigation, a Formal Chargeshall be made by the Disciplining Authority. Otherwise, either theDisciplining Authority dismisses the complaint or call for aPreliminary Investigation is ordered.

If a prima facie case exists after a preliminary investigation, a FormalCharge shall be made by the Disciplining Authority. Otherwise, he orshe shall dismiss the case.

SECTION 12. Remedy of Complainant After Dismissal ofComplaint. If the complaint is dismissed due to lack of a primafacie case, the complainant may file a petition for review with theSecretary within fifteen (15) days upon receipt of the order ofdismissal. The Resolution of the Secretary on the petition shall be

final.

CHAPTER VFormal Charge

SECTION 1. When Made. After the determination of a primafacie case, a Formal Charge shall be made by the Disciplining

Authority against the Respondent.

SECTION 2. Form and Contents. The Formal Charge shall bein writing and shall contain the following:

a) The name of the complainant(s);

b) The name of the respondent(s);


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c) The designation of the administrative offense(s) by thestatute;

d) Acts or omissions complained of as constituting theadministrative offense(s);

e) The approximate time of the commission of theadministrative offense(s); and

f) The place wherein the administrative offense(s) wascommitted.

g) The time for the respondent to submit his or her answer tothe charges which shall not be later than five (5) days fromthe receipt of the Formal Charge;

h) A query to the respondent whether he or she prefers to havea Formal Investigation or have the case decided on therecords already available if the Answer is not foundsatisfactory; and

i) A statement informing the respondent of his or her right tothe assistance of a counsel of his or her choice.

SECTION 3. Attachments to the Formal Charge. The

investigation report, copies of the complaint, sworn statements, andother documents submitted shall be attached to the Formal Charge.

CHAPTER VIAnswer

SECTION 1. When Filed. The Answer shall be filed with theDisciplining Authority within the period provided in the FormalCharge.

SECTION 2. Form and Contents of the Answer. The Answershall be in writing and under oath. It shall contain the following:

a) The respondent's answer to the charges.


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b) An indication by the respondent whether or not he or sheelects a Formal Investigation of the case if the Answer isfound not satisfactory.

Supporting statements and documents may accompany the answer.

SECTION 3. Prohibited Pleadings After the Formal Charge. The Disciplining Authority shall not entertain any request forclarification, bills of particulars or motions to dismiss which areobviously designed to delay the administrative proceedings. If any ofthese pleadings is interposed by the respondent, the same shall beconsidered as an answer and shall be evaluated as such.

SECTION 4. Evaluation of the Answer. If the answer is found

satisfactory, the case shall be dismissed. Otherwise, a FormalInvestigation shall be held if expressly requested by the respondent inhis or her answer.

In case the respondent did not expressly request for a FormalInvestigation, the case shall be decided based on the recordsavailable. Provided, however, that a Formal Investigation shallnevertheless be held if the case cannot be decided from theallegations in the complaint and the answer and their supportingdocuments.

SECTION 5. Failure to File an Answer. If respondent fails orrefuses to file his or her answer, he or she shall be considered to have

waived his or her right to file an answer to the charges and the caseshall be decided based on the records available.

CHAPTER VIIFormal Investigation

SECTION 1. When Held. The holding of a FormalInvestigation shall be ordered after the respondent has filed his or heranswer or after the period for filing an answer has expired.

SECTION 2. Investigating Committee. The FormalInvestigation shall commence after the Investigating Committee has

been duly constituted. The Investigating Committee shall be


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composed as follows, in accordance with Rep. Act. No. 4670,otherwise known as the Magna Carta of Public School Teachers:

a) When the respondent is an elementary or secondary schoolteacher, head teacher, principal, districtsupervisor/chair/coordinator or Education Supervisor I

(1) The schools division superintendent or his or her dulyauthorized representative, as chairperson;

(2) The duly authorized representative of the school,district, or division teacher's organization, asmember; and

(3) The division supervisor for elementary or secondaryeducation where the respondent belongs, as member.

b) When the respondent is an Assistant Schools DivisionSuperintendent, Schools Division Superintendent orEducation Supervisor II

(1) The Regional Director or his or her duly authorizedrepresentative, as chairperson;

(2) The duly authorized representative of the divisionteacher's organization, as member; and

(3) The Regional supervisor for elementary or secondaryeducation where the respondent belongs, as member.

c) When the respondent is the Assistant Regional Director orRegional Director

(1) The Secretary or her duly authorized representative,as chairperson;

(2) The duly authorized representative of the PhilippinePublic School Teacher's Association (PPSTA), asmember; and


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(3) Any Regional director or other high ranking DECSCentral Office official or consultant, as member.

d) When the respondent is a DECS employee or official notenumerated above - The Disciplining Authority shall havefull discretion as to the composition of the InvestigatingCommittee.

The Investigating Committee shall deliberate collectively and notindividually.

SECTION 3. Appointment of a Special Prosecutor. In motuproprio cases, the Disciplining Authority shall appoint a specialprosecutor who shall represent the Department or its Regional Office

before the Investigating Committee.

SECTION 4. Effect of Non-Compliance of the Requirements ofRep. Act No. 4670. When the Investigating Committee isconstituted not in accordance with Rep. Act No. 4670, theproceedings of the Formal Investigation and all proceedings andactions subsequent to it shall be void.

SECTION 5. Pre-Hearing Conference. At the commencementof the Formal Investigation, the Investigating Committee, in the

exercise of the discretion, may direct the parties to appear for a pre-hearing conference to consider and agree on any of the following:

a) Dates of subsequent hearings;

b) Simplication of issues;

c) Stipulation of facts;

d) Limiting the number of witnesses; and their names.

e) Identification and marking of evidence of the parties;

f) Waiver of objections to admissibility of evidence; and


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g) Such other matters as may aid in the prompt and justresolution of the case.

SECTION 6. Minutes of Pre-Hearing Conference. After thepre-hearing conference, the Investigating Committee shall preparethe minutes which shall contain a summary of the agreements of theparties, including the facts stipulated.

SECTION 7. Request for Subpoena. If a party desires theattendance of a witness or the production of documents, he or sheshall make a request for the issuance of the necessary subpoena orsubpoena duces tecum, at least three (3) days before the scheduledhearing.

In case of disobedience, the Investigating Committee may invoke theaid of the Regional Trial Court within whose jurisdiction thecontested case being heard falls. The Court may punish thecontumacy or refusal as contempt

SECTION 8. Continuous Hearing Until Terminated;Postponement. Hearings shall be conducted on the hearing datesset by the Investigating Officer or as agreed upon during the pre-hearing conference. Postponements shall not be allowed except inmeritorious cases. Provided, however, that a party shall not be

granted more than two (2) postponements.

The parties and their counsel and witnesses, if any, shall be given anotice of at least five (5) days before the first scheduled hearingspecifying the time, date and place of the said hearing and subsequenthearings. Thereafter, the schedule of hearings previously set shall bestrictly followed without further notice.

If the respondent fails or refuses to appear during the scheduled

hearing, the investigation shall proceed ex parte and the respondentis deemed to have waived his or her right to be present and to submitevidence in his or her favor during those hearings.

SECTION 9. Preliminary Matters. At the start of the hearing,the Investigating Committee shall note the appearances of the partiesand shall proceed with the reception of evidence for the prosecution.


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If the respondent appears without the aid of a counsel, he or she shall

be deemed to have waived his or her right thereto.

Before taking the testimony of a witness, the Investigating Committeeshall place him or her under oath and then take his or her name,address, his or her civil status, age, and place of employment.

SECTION 10. Appearance of Counsel. Any counsel appearingbefore any hearing or investigation conducted by the InvestigatingCommittee or by any of its office shall manifest orally or in writing hisor her appearance for a party, stating his or her name and exactaddress at which he or she may be served with copies of decisions andother communications. Any pleading signed by him or her without

complying with the above stated requirements shall not berecognized. Neither shall he or she be allowed to prosecute or defenda case.

SECTION 11. Order of Hearing. Unless the InvestigatingCommittee directs otherwise, the order of hearing shall be as follows:

a) The complainant shall produce his or her evidence subject tothe pre-hearing agreement;

b) The respondent shall then offer evidence in support of his orher defense subject to the pre-hearing agreement;

c) Cross-examination by either party, when proper and allowedby the Investigating Committee;

d) Following cross-examination, there may be redirect and re-cross examination;

e) When the presentation of evidence has been concluded, theparties may be given time to submit their respectivememoranda which in no case shall be beyond five (5) daysafter the termination of the investigation.

SECTION 12. Rules of Evidence. During the FormalInvestigation:


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a) The Investigating Committee may admit and give probative

value to evidence commonly accepted by reasonably prudentmen in the conduct of their affairs.

b) Documentary evidence may be received in the form of copiesor excerpts, if the original is not readily available. Uponrequest, the parties shall be given opportunity to comparethe copy with the original. If the original is in the officialcustody of a public officer, a certified copy thereof may beaccepted.

c) The Investigating Committee may take notice of judiciallycognizable facts and of generally cognizable technical or

scientific facts within its specialized knowledge. The partiesshall be notified and afforded an opportunity to contest thefacts so noticed.

d) A fact may be established, including the guilt of therespondent when proven by substantial evidence. Substantialevidence means that amount of evidence that a reasonablemind might accept as adequate to justify conclusion.

SECTION 13. Objections. All objections raised during the

hearing shall be resolved by the Investigating Committee.

The Investigating Committee shall accept all evidence deemedmaterial and relevant to the case. In case of doubt, it should allow theadmission of evidence subject to the objection interposed against itsadmission.

SECTION 14. Markings. All documentary evidence or exhibitsshall be properly marked by letters (A, B, C, etc.) If presented by the

complainant and by numbers (1, 2, 3, etc.) if presented by therespondent. These shall form part of the complete records of the caseand shall be systematically and chronologically bound.

SECTION 15. Testimonies and Records of Proceedings. Thesworn affidavits or statements of the parties or their witnesses shall


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constitute their direct testimonies. Other pieces of evidencesubmitted shall form part of their direct evidence.

SECTION 16. Submission of Memorandum. Parties may submittheir respective memoranda within five (5) days from termination ofthe hearing. Failure to submit the same within the given period shall

be considered a waiver thereof.

SECTION 17. Report of Investigation. Within fifteen (15) daysafter the conclusion of the Formal Investigation a report containing anarration of the material facts established during the investigation as

well as the recommendation, shall be submitted in the DiscipliningAuthority by the Investigating Committee. The complete records ofthe case shall also be attached to the Report of Investigation.

CHAPTER VIIIPreventive Suspension

SECTION 1. When Applicable. The Disciplining Authority maypreventively suspend the respondent pending Formal Investigation ifthe officer or employee is charged with:

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 ofcharges which would warrant his or her removal from theservice.

SECTION 2. When Issued; When Effective. The Order ofPreventive Suspension shall be issued by the Disciplining Authoritynot earlier than the issuance of the Formal Charge. The Order shalltake effect upon receipt of the respondent thereof.


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SECTION 3. Ninety-day Period. When the AdministrativeDisciplinary Case against the respondent under preventivesuspension is not finally decided by the Disciplinary Authority withinthe period of ninety (90) calendar days after the date of the effectivityof his or her preventive suspension, he or she shall be automaticallyreinstated in the service; Provided, however, that when the delay inthe disposition of the case is due to the fault, negligence or petition ofthe respondent, the period of delay should not be included in thecounting of the ninety (90) calendar-day period of preventivesuspension.

SECTION 4. Simultaneous Service. When the respondent issubject of more than one Administrative Disciplinary Case whereinmore than one Order of Preventive Suspension has been issued, he or

she shall simultaneously serve them if the cases arose from a singleact or transaction or series of transactions.

SECTION 5. Nature. Preventive suspension is not apunishment or penalty for misconduct in office but is considered to

be a preventive measure.

The period within which a public officer or employee charged isplaced under preventive suspension shall not be considered part ofthe actual penalty of suspension imposed upon the respondent found

guilty.

SECTION 6. Purpose. The purpose of preventive suspension isto prevent the respondent from using his or her position and thepowers and prerogative of his or her office to influence potential

witnesses or tamper with records which may be vital in theprosecution of the case against him or her.

CHAPTER IX

Decision

SECTION 1. Decision, defined. The term Decision means theadjudication by the Disciplining Authority that the respondent isguilty or not guilty of the Administrative Offense charged, and theimposition of the penalty provided for by law on him or her.


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b) Demotion;

c) Forced resignation; or

d) Dismissal

SECTION 7. When the Decision of the Secretary Shall Be Final. The Decision of the Secretary shall be final and unappealable whenthe penalty imposed is any of the following:

a) Suspension for not more than thirty (30) days; or

b) Fine in an amount not exceeding the salary of thirty (30)

days.

CHAPTER XMotion For Reconsideration

SECTION 1. When Made. The respondent may move for thereconsideration of the Decision of the Disciplinary Authority duringthe reglementary period for filing an Administrative Appeal.

SECTION 2. Effect of Filing. The filing of a motion for

reconsideration shall suspend the reglementary period for filing anadministrative appeal. In case the said motion is denied, therespondent shall have the remainder of the period for Administrative

Appeal, reckoned the receipt of the Resolution of denial.

SECTION 3. Grounds for Motion for Reconsideration. Themotion for reconsideration shall be based only on any of thefollowing:

a) New evidence has been discovered which materially affectsthe decision rendered; or

b) The Decision is not supported by evidence on record; or

c) Errors of law or irregularities have been committedprejudicial to the interest of the movant.


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Only one motion for reconsideration shall be entertained.

CHAPTER XIAdministrative Appeal

SECTION 1. Who May Appeal. Only the respondent has thepersonality to appeal a Decision. An appeal made by any other personshall be dismissed.

SECTION 2. Where to Appeal. Decisions rendered by the

Regional Director shall be appealed to the Secretary. Decisionsrendered by the Secretary shall be appealed to the Civil ServiceCommission.

SECTION 3. How an Appeal is Perfected. To perfect an appeal,the appellant shall submit the following:

a) Notice of appeal which shall specifically state the date of theDecision appealed from and the date of receipt thereof,

b) Appeal memorandum containing the grounds relied upon forthe appeal, together with the certified true copy of theDecision, Resolution or Order appealed from, to besubmitted within ten (10) days from the date of filing of thenotice of appeal; and

c) Proof of payment of appeal fee in the amount of one hundredpesos (P100.00).

Failure to comply with the above requirements within thereglementary period shall be construed as failure to perfect an appealand shall cause its dismissal.

SECTION 4. Service of Copies of the Appeal and Other Pleadingsto the Appellee. The appellant shall serve to the appellee copies ofhis or her notice of appeal and appeal memorandum, as well as such


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other motions or pleadings, and he or she shall submit to theappellate agency proof of service thereof. The appellee shall submit tothe appellate agency, his or her comments or objections to the appealor pleadings of the appellant within ten (10) days from receiptthereof. Failure of the appellee to submit his or her comments orobjections shall be construed as a waiver thereof.

SECTION 5. Effect of Filing an Appeal. The appeal shall staythe Decision appealed from unless otherwise provided by law. Theappellate agency may direct execution pending appeal, as it maydeem just, considering the nature and circumstances of the case.

SECTION 6. Action on the Appeal. The appellate agency shallreview the records of the proceedings and may, on its own initiative

or upon motion, receive additional evidence.

SECTION 7. Finality of Decision of Appellate Agency. TheDecision of the appellate agency shall become final and executoryfifteen (15) days after the receipt by the parties of a copy thereofunless a motion for reconsideration was timely filed.

SECTION 8. Motion for Reconsideration. The respondent maymove for a reconsideration of the Resolution of the appellate agencyin accordance with Chapter X.

CHAPTER XIIJudicial Review

SECTION 1. Petition for Review with the Court of Appeals. Afinal judgment or order by the Civil Service Commission may beappealed to the Court of Appeals by a verified petition for reviewfifteen (15) days from notice of the said final order or judgment. Theproceedings shall be governed by the Rules of Court.

The Decision of the Civil Service Commission shall continue to beexecutory unless a temporary restraining order or a writ of injunctionis issued by the Court of Appeals.

SECTION 2. Petition for Certiorari with the Supreme Court. Afinal judgment or order by the Court of Appeals may be elevated to


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the Supreme Court through a petition for certiorari in accordancewith the Rules of Court.

CHAPTER XIIIExecutive Clemency

SECTION 1. When Granted. In meritorious cases and uponrecommendation of the Secretary, the President may commute orremove administrative penalties and disabilities.

CHAPTER XIV

Miscellaneous Provisions

SECTION 1. Filing of Pleadings, Motions for Reconsiderations,Appeals and Other Documents. Any pleading, motion, appeal andother similar documents when sent by registered mail shall bedeemed filed on the date shown by the postmark on the envelope

which shall be attached to the record of the case and in case ofpersonal delivery, the date stamped by the receiving office.

SECTION 2. Computation of Period. In computing any period

of time prescribed by these Rules, the first day shall be excluded andthe last day included unless it be a Saturday, a Sunday or a legalholiday, in which case the period shall run until the end of the nextday which is neither a Saturday, a Sunday or a legal holiday.

CHAPTER XVFinal Provisions

SECTION 1. Repealing Clause. All DECS Orders,

Memorandum Orders and Circulars inconsistent with these rules arehereby repealed.

SECTION 2. Effectivity. These rules shall take effect fifteen(15) days after publication in a newspaper of general circulation.


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SECTION 3. Filing with the UP Law Center. Three certifiedcopies of these rules shall be filed with the University of thePhilippines Law Center on the date of publication.

Pasig City, March 25, 1999

(SGD.) ANDREW GONZALES, FSC, Secretary

REPUBLIC ACT NO. 9155August 11, 2001 *

(* Lapse into law on August 11, 2001 without the signature of the President, in accordance with Article VI, Section 27(1) ofthe Constitution.)

AN ACT INSTITUTING A FRAMEWORK OF GOVERNANCEFOR BASIC EDUCATION, ESTABLISHING AUTHORITYAND ACCOUNTABILITY, RENAMING THE DEPARTMENTOF EDUCATION, CULTURE AND SPORTS AS THEDEPARTMENT OF EDUCATION, AND FOR OTHERPURPOSES

SECTION 1. Short Title. This Act shall be known as the"Governance of Basic Education Act of 2001."

SECTION 2. Declaration of Policy. It is hereby declared thepolicy of the State to protect and promote the right of all citizens toquality basic education and to make such education accessible to all

by providing all Filipino children a free and compulsory education inthe elementary level and free education in the high school level. Sucheducation shall also include alternative learning systems for out-of-school youth and adult learners. It shall be the goal of basic educationto provide them with the skills, knowledge and values they need to

become caring, self-reliant, productive and patriotic citizens.

The school shall be the heart of the formal education system. It iswhere children learn. Schools shall have a single aim of providing thebest possible basic education for all learners.

Governance of basic education shall begin at the national level. It is atthe regions, divisions, schools and learning centers herein referred


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to as the field offices where the policy and principle for thegovernance of basic education shall be translated into programs,projects and services developed, adapted and offered to fit localneeds.

The State shall encourage local initiatives for improving the quality ofbasic education. The State shall ensure that the values, needs andaspirations of a school community are reflected in the program ofeducation for the children, out-of-school youth and adult learners.Schools and learning centers shall be empowered to make decisionson what is best for the learners they serve.

SECTION 3. Purposes and Objectives. The purposes andobjectives of this Act are:

(a) To provide the framework for the governance of basiceducation which shall set the general directions foreducational policies and standards and establish authority,accountability and responsibility for achieving higherlearning outcomes;

(b) To define the roles and responsibilities of, and provideresources to, the field offices which shall implementeducational programs, projects and services in

communities they serve;

(c) To make schools and learning centers the most importantvehicle for the teaching and learning of national values andfor developing in the Filipino learners love of country andpride in its rich heritage;

(d) To ensure that schools and learning centers receive thekind of focused attention they deserve and that educational

programs, projects and services take into account theinterests of all members of the community;

(e) To enable the schools and learning centers to reflect thevalues of the community by allowing teachers/learningfacilitators and other staff to have the flexibility to serve theneeds of all learners;


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(f) To encourage local initiatives for the improvement of

schools and learning centers and to provide the means bywhich these improvements may be achieved and sustained;and

(g) To establish schools and learning centers as facilities whereschoolchildren are able to learn a range of corecompetencies prescribed for elementary and high schooleducation programs or where the out-of-school youth andadult learners are provided alternative learning programsand receive accreditation for at least the equivalent of ahigh school education.

SECTION 4. Definition of Terms. For purposes of this Act, theterms or phrases used shall mean or be understood as follows:

(a) Alternative Learning System is a parallel learning systemto provide a viable alternative to the existing formaleducation instruction. It encompasses both the non-formaland informal sources of knowledge and skills;

(b) Basic Education is the education intended to meet basiclearning needs which lays the foundation on which

subsequent learning can be based. It encompasses earlychildhood, elementary and high school education as well asalternative learning systems for out-of-school youth andadult learners and includes education for those with specialneeds;

(c) Cluster of Schools is a group of schools which aregeographically contiguous and brought together to improvethe learning outcomes;

(d) Formal Education is the systematic and deliberateprocess of hierarchically structured and sequential learningcorresponding to the general concept of elementary andsecondary level of schooling. At the end of each level, thelearner needs a certification in order to enter or advance tothe next level;


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(e) Informal Education is a lifelong process of learning by

which every person acquires and accumulates knowledge,skills, attitudes and insights from daily experiences athome, at work, at play and from life itself;

(f) Integrated Schools is a school that offers a completebasic education in one school site and has unifiedinstructional programs;

(g) Learner is any individual seeking basic literacy skills andfunctional life skills or support services for theimprovement of the quality of his/her life:

(h) Learning Center is a physical space to house learningresources and facilities of a learning program for out-of-school youth and adults. It is a venue for face-to-facelearning activities and other learning opportunities forcommunity development and improvement of the people'squality of life;

(i) Learning Facilitator is the key-learning support personwho is responsible for supervising/facilitating the learningprocess and activities of the learner;

(j) Non-Formal Education is any organized, systematiceducational activity carried outside the framework of theformal system to provide selected types of learning to asegment of the population:

(k) Quality Education is the appropriateness, relevance andexcellence of the education given to meet the needs andaspirations of an individual and society;

(l) School is an educational institution, private and public,undertaking educational operation with a specific age-group of pupils or students pursuing defined studies atdefined levels, receiving instruction from teachers, usuallylocated in a building or a group of buildings in a particularphysical or cyber site; and


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(m) School Head is a person responsible for the

administrative and instructional supervision of the schoolor cluster of schools.

CHAPTER 1Governance of Basic Education

SECTION 5. Principles of Shared Governance. (a) Sharedgovernance is a principle which recognizes that every unit in the

education bureaucracy has a particular role, task and responsibilityinherent in the office and for which it is principally accountable foroutcomes;

(b) The process of democratic consultation shall be observed in thedecision-making process at appropriate levels. Feedback mechanismsshall be established to ensure coordination and open communicationof the central office with the regional, division and school levels;

(c) The principles of accountability and transparency shall be

operationalized in the performance of functions and responsibilitiesat all levels; and

(d) The communication channels of field offices shall bestrengthened to facilitate flow of information and expand linkages

with other government agencies, local government units andnongovernmental organizations for effective governance; SADECI

SECTION 6. Governance. The Department of Education,

Culture and Sports shall henceforth be called the Department ofEducation. It shall be vested with authority, accountability andresponsibility for ensuring access to, promoting equity in, andimproving the quality of basic education. Arts, culture and sportsshall be as provided for in Sections 8 and 9 hereof.


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SECTION 7. Powers, Duties and Functions. The Secretary ofthe Department of Education shall exercise overall authority andsupervision over the operations of the Department.

A. National Level

In addition to his/her powers under existing laws, the Secretary ofEducation shall have authority, accountability and responsibility forthe following:

(1) Formulating national educational policies:

(2) Formulating a national basic education plan;

(3) Promulgating national educational standards;

(4) Monitoring and assessing national learning outcomes;

(5) Undertaking national educational research and studies;

(6) Enhancing the employment status, professional

competence, welfare and working conditions of allpersonnel of the Department; and

(7) Enhancing the total development of learners through localand national programs and/or projects.

The Secretary of Education shall be assisted by not more than four (4)undersecretaries and not more than four (4) assistant secretaries

whose assignments, duties and responsibilities shall be governed by

law. There shall be at least one undersecretary and one assistantsecretary who shall be career executive service officers chosen fromamong the staff of the Department.

B. Regional Level


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There shall be as many regional offices as may be provided by law.Each regional office shall have a director, an assistant director and anoffice staff for program promotion and support, planning,administrative and fiscal services.

Consistent with the national educational policies, plans andstandards, the regional director shall have authority, accountabilityand responsibility for the following:

(1) Defining a regional educational policy framework whichreflects the values, needs and expectations of thecommunities they serve;

(2) Developing a regional basic education plan;

(3) Developing regional educational standards with a viewtowards benchmarking for international competitiveness;

(4) Monitoring, evaluating and assessing regional learningoutcomes;

(5) Undertaking research projects and developing andmanaging regionwide projects which may be fundedthrough official development assistance and/or other

funding agencies;

(6) Ensuring strict compliance with prescribed national criteriafor the recruitment, selection and training of all staff in theregion and divisions;

(7) Formulating, in coordination with the regionaldevelopment council, the budget to support the regionaleducational plan which shall take into account the

educational plans of the divisions and districts;

(8) Determining the organization component of the divisionsand districts and approving the proposed staffing pattern ofall employees in the divisions and districts:


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(9) Hiring, placing and evaluating all employees in the regionaloffice, except for the position of assistant director;

(10) Evaluating all schools division superintendents andassistant division superintendents in the region;

(11) Planning and managing the effective and efficient use of allpersonnel, physical and fiscal resources of the regionaloffice, including professional staff development;

(12) Managing the database and management informationsystem of the region;

(13) Approving the establishment of public and private

elementary and high schools and learning centers; and

(14) Performing such other functions as may be assigned byproper authorities.

C. Division Level

A division shall consist of a province or a city which shall have aschools division superintendent, at least one assistant schoolsdivision superintendent and an office staff for programs promotion,

planning, administrative, fiscal, legal, ancillary and other supportservices.

Consistent with the national educational policies, plans andstandards, the schools division superintendents shall have authority,accountability and responsibility for the following:

(1) Developing and implementing division educationdevelopment plans;

(2) Planning and managing the effective and efficient use of allpersonnel, physical and fiscal resources of the division,including professional staff development;

(3) Hiring, placing and evaluating all division supervisors andschools district supervisors as well as all employees in the


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division, both teaching and non-teaching personnel,including school heads, except for the assistant divisionsuperintendent;

(4) Monitoring the utilization of funds provided by the nationalgovernment and the local government units to the schoolsand learning centers;

(5) Ensuring compliance of quality standards for basiceducation programs and for this purpose strengthening therole of division supervisors as subject area specialists:

(6) Promoting awareness of and adherence by all schools andlearning centers to accreditation standards prescribed by

the Secretary of Education;

(7) Supervising the operations of all public and privateelementary, secondary and integrated schools, and learningcenters; and


D. Schools District Level

Upon the recommendation of the schools division superintendents,the regional director may establish additional schools district within aschools division. Schools districts already existing at the time of thepassage of this law shall be maintained. A schools district shall have aschools district supervisor and an office staff for program promotion.

The schools district supervisor shall be responsible for:

(1) Providing professional and instructional advice andsupport to the school heads and teachers/facilitators ofschools and learning centers in the district or clusterthereof:

(2) Curricula supervision; and


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E. School Level

There shall be a school head for all public elementary schools andpublic high schools or a cluster thereof. The establishment ofintegrated schools from existing public elementary and public highschools shall be encouraged.

The school head, who may be assisted by an assistant school head,shall be both an instructional leader and administrative manager. Theschool head shall form a team with the school teachers/learningfacilitators for delivery of quality educational programs, projects and

services. A core of non-teaching staff shall handle the school'sadministrative, fiscal and auxiliary services.

Consistent with the national educational policies, plans andstandards, the school heads shall have authority, accountability andresponsibility for the following:

(1) Setting the mission, vision, goals and objectives of theschool;

(2) Creating an environment within the school that isconducive to teaching and learning;

(3) Implementing the school curriculum and being accountablefor higher learning outcomes;

(4) Developing the school education program and schoolimprovement plan;

(5) Offering educational programs, projects and services whichprovide equitable opportunities for all learners in thecommunity;

(6) Introducing new and innovative modes of instruction toachieve higher learning outcomes;


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CHAPTER 2

Transfer of Cultural Agencies

SECTION 8. Cultural Agencies. The Komisyon ng WikangPilipino, National Historical Institute, Records Management and

Archives Office and the National Library shall now beadministratively attached to the National Commission for Culture andthe Arts (NCCA) and no longer with the Department of Education.The program for school arts and culture shall remain part of theschool curriculum.

CHAPTER 3Abolition of the Bureau of Physical Education and School

Sports

SECTION 9. Abolition of BPESS. All functions, programs andactivities of the Department of Education related to sportscompetition shall be transferred to the Philippine Sports Commission(PSC). The program for school sports and physical fitness shallremain part of the basic education curriculum.

The Bureau of Physical Education and School Sports (BPESS) ishereby abolished. The personnel of the BPESS, presently detailed

with the PSC, are hereby transferred to the PSC without loss of rank,including the plantilla positions they occupy. All other BPESSpersonnel shall be retained by the Department.

CHAPTER 4Support and Assistance of Other Government Agencies

SECTION 10. The Secretary of Education and the Secretary ofBudget and Management shall, within ninety (90) days from the

approval of this Act, jointly promulgate the guidelines on theallocation, distribution and utilization of resources provided by thenational government for the field offices, taking into considerationthe uniqueness of the working conditions of the teaching service.

The Secretary of the Department of Education shall ensure thatresources appropriated for the field offices are adequate and that


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resources for school personnel, school desks and textbooks and otherinstructional materials intended are allocated directly and releasedimmediately by the Department of Budget and Management to saidoffices.

SECTION 11. The Secretary of the Department of Education,subject to civil service laws and regulations, shall issue appropriatepersonnel policy rules and regulations that will best meet therequirements of the teaching profession taking into consideration theuniqueness of the working conditions of the teaching service.

SECTION 12. The Commission on Audit, in the issuance of auditrules and regulations that will govern the utilization of all resourcesas well as the liquidation, recording and reporting thereof, shall take

into account the different characteristics and distinct features of thedepartment's field offices, its organizational set-up as well as thenature of the operations of schools and learning centers.

CHAPTER 5Final Provisions

SECTION 13. Governance in the ARMM. The RegionalEducation Secretary for the Autonomous Region in MuslimMindanao (ARMM) shall exercise similar governance authority over

the divisions, districts, schools and learning centers in the region asmay be provided in the Organic Act without prejudice to theprovisions of Republic Act No. 9054, entitled "An Act to Strengthenand Expand the Organic Act for the Autonomous Region in MuslimMindanao. Amending for the Purpose Republic Act No. 6734, entitled'An Act Providing for the Autonomous Region in Muslim Mindanao,as amended."'

SECTION 14. Rules and Regulations. The Secretary of

Education shall promulgate the implementing rules and regulationswithin ninety (90) days after the approval of this Act: Provided, That,the Secretary of Education shall fully implement the principle ofshared governance within two (2) years after the approval of this Act.

SECTION 15. Separability Clause. If for any reason, any portionor provision of this Act shall be declared unconstitutional, other parts


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or provisions hereof which are not affected thereby shall continue tobe in full force and effect.

SECTION 16. Repealing Clause. All laws, decrees, executiveorders, rules and regulations, part or parts thereof, inconsistent withthe provisions of this Act, are hereby repealed or modifiedaccordingly.

SECTION 17. Effectivity Clause. This Act shall take effect fifteen(15) days following its publication in at least two (2) newspapers ofgeneral circulation.


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RULES AND REGULATIONS OF REPUBLICACT NO. 9155 (GOVERNANCE OF BASICEDUCATION ACT OF 2001)

November 29, 2002

Pursuant to Section 14 of Republic Act No. 9155, otherwise known as"Governance of Basic Education Act of 2001", hereinafter referred toas the "Act", the following Rules and Regulations are herebypromulgated:

RULE I.The Department of Education (DepEd)

SECTION 1.1. Mandate. The Department of Education shall

protect and promote the right of all citizens to quality basic educationand shall take appropriate steps to make such education accessible toall.

The Department of Education shall establish, maintain, and support acomplete, adequate, and integrated system of basic educationrelevant to the needs of the people and society. It shall establish andmaintain a system of free and compulsory public education in theelementary level and free public education in high school level.

All educational institutions shall inculcate patriotism andnationalism, foster love of humanity, respect for human rights,appreciation of the role of national heroes in the historicaldevelopment of the country, teach the rights and duties of citizenship,strengthen ethical and spiritual values, develop moral character andpersonal discipline, encourage critical and creative thinking, broaden


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scientific and technological knowledge, and promote vocationalefficiency.

The Department of Education shall take into account regional andsectoral needs and conditions and shall encourage local planning inthe development of educational policies and programs.

SECTION 1.2. Principles. Implementation of the Act and theapplication of these Rules shall be guided by the following principles:

i) The Department of Education must serve the students andthe teachers, its primary constituents;

ii) The principals, school administrators and teachers-in-

charge (hereinafter collectively referred to as school heads)must exercise instructional leadership and soundadministrative management of the school;

iii) The school is the heart of the formal education system andthe seat of learning;

iv) The parents and the community shall be encouraged foractive involvement in the education of the child. Theparticipation, coordination between and among the

schools, the local school boards, the Parent TeachersAssociations (PTAs) must be maximized;

v) Volunteerism from among all sectors shall be emphasizedand encouraged to ensure sustainable growth anddevelopment in education.

SECTION 1.3. Purposes and Objectives. The purposes andobjectives of the Act and these Rules are:

i) To provide the framework for the governance of basiceducation which shall set the general directions foreducational policies and standards and establish authority,accountability and responsibility for achieving higherlearning outcomes;


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ii) To define the roles and responsibilities of, and to provideresources to the regions, schools division and schools whichshall implement educational programs, projects andservices in communities they serve;

iii) To make schools and learning centers the most importantvehicle for the teaching and learning of national values andfor developing Filipino learners, love of country and pridein its rich heritage;

iv) To ensure that schools and learning centers receive thekind of focused attention they deserve and the kind ofeducational programs, projects and services they needtaking into account the interests of all the members of the

community;

v) To enable the schools and learning centers to reflect thevalues of the community by allowing teachers and otherstaff the flexibility to serve the needs of all learners;

vi) To encourage local initiatives for the improvement ofschools and learning centers and to provide the means by

which these standards may be achieved and sustained; and

vii) To establish schools and learning centers, and other schoolfacilities where schoolchildren are able to learn a range ofcore competencies prescribed for elementary and highschool programs or where the out-of-school youth andadult learners are provided alternative learning programsand receive accreditation for at least the equivalent of anelementary or a high school education.

SECTION 1.4. Definition of Terms. For purposes of this Act, the

terms and phrases used shall mean or be understood as follows:

a) Quality Education is the appropriateness, relevance andexcellence of the education given to meet the needs andaspirations of an individual and society.


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b) Basic Education is the education intended to meet basiclearning needs which lays the foundation on whichsubsequent learning can be based. It encompasses earlychildhood, elementary and high school education as well asalternative learning systems for out-of-school youth andadult learners and includes education for those with specialneeds.

c) Early Childhood refers to the level of education thatintends to prepare 5-6 year old children (one year beforeGrade One) for formal schooling and at the same timenarrow down adjustment and learning gaps. This levelfocuses on the physical, social, moral and intellectualdevelopment through socialization and communication

processes.

d) Elementary Education shall refer to the first stage of freeand compulsory, formal education primarily concerned

with providing basic education and usually correspondingto six or seven grades. Elementary education can likewise

be attained through alternative learning system.

e) Secondary Education shall refer to the stage of freeformal education following the elementary level concerned

primarily with continuing basic education usuallycorresponding to four years of high school. Secondaryeducation can likewise be attained through alternativelearning system.

f) Special Needs Education shall refer to the education ofchildren and youth with special needs corresponding toelementary and secondary education that requiremodifications of school practices, curricula, programs,

special services and facilities. These include children andyouth who are gifted/talented, fast learners and those withdisabilities.

g) Formal Education is the systematic and deliberateprocess of hierarchically structured and sequential learningcorresponding to the general concept of elementary and


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secondary level of schooling including education for thosewith special needs. At the end of each level, the learnerneeds a certification in order to enter or advance to the nextgrade/year level.

h) Non-Formal Education is any organized, systematiceducational activity carried outside the framework of theformal system to provide selected types of learning to asegment of the population.

i) Informal Education is a lifelong process of learning bywhich every person acquires and accumulates knowledge,skills, attitudes and insights from daily experiences athome, at work, at play and from life itself.

j) Alternative Learning System is a parallel learning systemto provide a viable alternative to the existing formaleducational instruction. It encompasses both the non-formal and informal sources of knowledge and skills.

k) Teacher refers to a person engaged in teaching in theelementary and secondary levels, whether on full-time orpart-time basis including industrial arts and vocationalteachers and all other persons performing supervisory,

managerial and/or administrative functions in all schoolsand education offices at the district, division, regional andcentral levels and qualified to practice teaching under RA7836 and/or those performing functions in support ofeducation such as standards setting, policy and programsformulation, research and sector monitoring andevaluation.

l) Learning Facilitator This term is being used in the

existing Alternative and Equivalency Program (A & E)program. For purposes of consistency and proper referencethere is a need to include the definition of a teacher in theformal system since being a learning facilitator is only oneof their roles.


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m) Learner is any individual seeking basic literacy skills andfunctional life skills or support services for theimprovement of the quality of his/her life.

n) Adult Learners are learners aged 25 years and above whoare illiterates or neoliterates who either have had no accessto formal education and have reverted to illiteracy.

o) Out-of-School Youth are school age children who areunable to avail of the educational opportunities of theformal school system or who have dropped out of formalelementary or secondary education.

p) School Heads are persons responsible for the

administrative and instructional supervision of the schoolor cluster of schools.

q) Non-Teaching Personnel refers to employees who are notactually involved in classroom teaching but indirectly andindispensably assisting in the delivery of services toeducational constituencies and clientele, such as but notlimited to the Administrative Officers, Accountant,Personnel Officers, Supply Officers, Records Officers, andother support staff of the central, regional, division, and

school levels.

r) Operating Officers refers to the Department of Educationkey officials in the central, region and/or schools divisionoffices including school heads and administrators who aredirectly involved in the implementation, evaluation andmonitoring of plans, programs and projects of theDepartment.

s) School is an educational institution, private and publicundertaking educational operation with a specific age-group of pupils or students pursuing defined studies atdefined levels, receiving instruction from teachers, usuallylocated in a building or a group of buildings in a particularphysical or cyber site.


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t) Cluster of Schools is a group of schools which aregeographically contiguous and brought together to improvethe learning outcomes.

u) Integrated Schools is a school that offers a completebasic education in one school site has unified instructionalprograms and under one (1) school head.

v) Field Offices refer to the regional, division, school levelsand learning centers.

w) School Sports any sporting school activity which involvesthe students and school teachers/personnel as part of theschool curriculum, focusing on physical fitness and sports

development programs such as the training of schoolathletes, teachers coaches and officiating officials, and areengaged in intra-mural and extra-mural activities.

SECTION 1.5. Shared Governance. i) Shared governance as aprinciple recognizes that every unit in the education bureaucracy hasa particular role, task, and responsibility inherent in the office and for

which it is principally accountable for outcomes.

ii) Democratic consultation shall be observed in the decision-

making process involving shared goals at appropriate levels.Whenever and wherever appropriate and feasible, the students, as theobject and subject of instruction, shall be consulted on matters thataffect their welfare and instructional needs. Operations shall be theresponsibility of the operating officer concerned. Feedbackmechanisms shall be established to ensure coordination and opencommunication, among the central office, the regional, divisionoffices and school campuses.

iii) The principle of accountability and transparency shall beoperationalized in the performance of functions and responsibilitiesat all levels.

iv) The communication channels of field offices shall strengthenand facilitate flow of information and expand linkages with other


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government agencies, local government units (LGUs) and non-government organizations (NGOs) for effective governance.

RULE II.The Secretary

SECTION 2.1. Powers, Duties and Functions. The Secretary ofthe Department of Education shall exercise overall authority andsupervision over the operations of the Department.

In addition to his/her powers, the Secretary of the Department ofEducation, hereinafter referred to as the "Secretary", shall have theauthority, accountability and responsibility for the following:

1) Formulating national educational policies;

2) Formulating a national basic education plan;

3) Promulgating standards;

4) Monitoring and assessing national learning outcomes;

5) Undertaking national researches and studies;

6) Enhancing the employment status, professionalcompetence, welfare, working conditions of all personneland executing provisions on legal services of theDepartment;

7) Enhancing the total development of learners through localand national programs and/or projects; and

8) Exercising disciplinary authority subject to civil service

laws, rules and regulations and procedure.

The Secretary of Education shall be assisted by not more than four (4)undersecretaries and not more than four (4) assistant secretaries anddirectors of bureaus, services, centers whose assignments, duties andresponsibilities shall be governed by law. There shall be at least oneundersecretary and one assistant secretary who shall be career


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executive service officers chosen from among the staff of theDepartment. The powers, duties and functions of the undersecretaryand the assistant secretary as provided under Chapter 2, Book IV ofthe Administrative Code of 1987 are herein restated and adapted, forproviding services to the Department.

RULE III.Regional Director

SECTION 3.1. The Regional Director. There shall be as manyregional offices as may be provided by law. Each regional office shall

have a director, an assistant director and office staff for programspromotion and support, planning, administrative, legal and fiscalservices.

SECTION 3.2. Authority, Accountability and Responsibility of theRegional Director. Consistent with the national educationalpolicies, plans and standards, the regional director shall haveauthority, accountability and responsibility for the following:

1) Defining a regional educational policy framework which

reflects the values, needs and expectations of thecommunities they serve;

2) Developing a regional basic education plan;

3) Developing regional educational standards with a viewtowards benchmarking for international competitiveness;

4) Monitoring, evaluating and assessing regional learning

outcomes;

5) Undertaking research projects and developing andmanaging regionwide projects which may be fundedthrough official development assistance and/or fundingagencies;


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6) Ensuring strict compliance with prescribed national criteriafor the recruitment, selection and training of all staff in theregion and divisions;

7) Formulating in coordination with the regional developmentcouncil, the budget, including utilization of fiscal resources,

based on the identified priorities in the implementation ofthe regional educational plan which shall take into accountthe educational plans of the divisions and districts/schools;

8) Determining the organizational structure of the divisionsand districts and approving the proposed staffing pattern ofall employees in the divisions and districts;

9) Hiring, placing and evaluating all employees in the regionaloffice, except for the position of assistant director;

10) Evaluating all schools superintendents and assistantsuperintendents in the region;

11) Planning and managing the effective and efficient use of allpersonnel, physical and fiscal resources of the regionaloffice, development and establishment of procedures inmonitoring and supervision of divisions/schools physical

and fiscal resources, including professional staffdevelopment;

12) Managing the database and management informationsystem of the region;

13) Approving the establishment of public and privateelementary and secondary schools and learning centers,subject to the set of standards and guidelines formulated by

the Secretary of Education for this purpose;

14) Performing oversight functions in the implementation oflaws, policies, programs, rules and regulations within theresponsibility of the Department of Education in theregion; and


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15) Performing such other functions as may be assigned by theSecretary.

SECTION 3.3. Appointing and Disciplinary Authority of theRegional Directors. The regional director shall exercise appointingauthority over all the employees in the regional office, except theassistant. regional director subject to the civil service laws, rules andregulations, and the policies and guidelines to be issued by theSecretary of Education on the matter.

The regional director likewise shall have disciplinary authority overthe aforesaid personnel.

Such exercise of disciplinary authority shall be subject to the civil

service laws, rules and regulations, and procedure, and guidelines tobe issued by the Secretary of Education.

RULE IVThe Schools Division Superintendent

SECTION 4.1. The Schools Division Superintendent. A divisionshall consist of a province or city which shall have a schools divisionsuperintendent. There shall be at least one assistant schools divisionsuperintendent and office staff for programs promotion, planning,

administrative, fiscal, legal, ancillary and other support services.

SECTION 4.2. Authority, Accountability and Responsibility of theSchools Division Superintendent. Consistent with the nationaleducational policies, plans and standards, the schools divisionsuperintendents shall have authority, accountability andresponsibility for the following:

1) Developing and implementing division education

development plans;

2) Planning and managing the effective and efficientperformance of all personnel, physical and fiscal resourcesof the division, including professional staff development;


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3) Hiring, placing and evaluating all division supervisors andschools district supervisors as well as all employees in thedivision, both teaching and non-teaching personnel,including school heads, except for the assistant divisionsuperintendents;

4) Monitoring the utilization of funds provided by the nationalgovernment and the local government units to the schoolsand learning centers;

5) Ensuring compliance of quality standards for basiceducation programs and for this purpose strengthening therole of division supervisors as subject area specialists;

6) Promoting awareness of and adherence by all schools andlearning centers to accreditation standards prescribed bythe Secretary of Education;

7) Supervising the operations of all public and privateelementary, secondary and integrated schools, and learningcenters; and

8) Performing such other functions as may be assigned by theSecretary and/or Regional Director.

SECTION 4.3. Appointing and Disciplinary Authority of theSchools Division Superintendent. The schools divisionsuperintendent shall appoint the division supervisors and schooldistrict supervisors as well as all employees in the division, bothteaching and non-teaching personnel, including school heads, exceptfor the assistant schools division superintendent, subject to the civilservice laws, rules and regulations, and the policies and guidelines to

be issued by the Secretary of Education for the purpose.

The schools division superintendent shall have disciplinary authorityonly over the non-teaching personnel under his jurisdiction.

Such exercise of disciplinary authority by the schools divisionsuperintendent over the non-teaching personnel shall be subject tothe civil service laws, rules and regulations, and procedures and


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guidelines to be issued by the Secretary of Education relative to thismatter.

The Regional Director shall continue exercising disciplinary authorityover the teaching personnel insofar as the latter are covered byspecific and exclusive disciplinary provisions under the Magna Cartafor Public School Teachers (R.A. No. 4670).

RULE VThe Schools District Supervisor

SECTION 5.1. The Schools District Supervisor. A school district

shall have a school district supervisor and office staff for programpromotion.

The schools district supervisor shall primarily perform staff functionsand shall not exercise administrative supervision over schoolprincipals, unless specifically authorized by the proper authorities.The main focus of his/her functions shall be instructional andcurricula supervision aimed at raising academic standards at theschool level.

The schools district supervisor shall be specifically responsible for:

1) Providing professional and instructional advice and supportto the school heads and teachers/facilitators of schools andlearning centers in the district or cluster thereof;

2) Curricula supervision; and

3) Performing such other functions as may be assigned by the

Secretary, Regional Directors and Schools DivisionSuperintendents where they belong.

The schools district supervisor being mentioned in this section shallrefer to a public schools district supervisor.


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SECTION 5.2. The School District. A school district alreadyexisting at the time of the passage of this Act shall be maintained.However, an additional school district may be established by theregional director based on criteria set by the Secretary and on therecommendation of the schools division superintendent. For thispurpose, the Secretary of Education shall set standards and formulatecriteria as basis of the Regional Director in the establishment of anadditional school district.

RULE VI.The School Head

SECTION 6.1. The School Head. There shall be a school head forall public elementary schools and public high schools or a clusterthereof. The establishment of integrated schools from existing publicelementary and public high school shall be encouraged, subject to theguidelines that will be issued for the purpose by the Secretary ofEducation.

The school head, who may be assisted by an assistant school head,shall be both an instructional leader and administrative manager. Theschool head shall form a team with the school teachers/learning

facilitators for delivery of quality educational programs, projects andservices. A core of non-teaching staff shall handle the school'sadministrative, fiscal and auxiliary services.

SECTION 6.2. Authority, Accountability and Responsibility of theSchool Head. Consistent with the law, national educationalpolicies, plans and standards, the school heads shall have authority,accountability and responsibility for the following:

(1) Setting the mission, vision, goals and objectives of theschool;

(2) Creating an environment within the school that isconducive to teaching and learning;


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(3) Implementing, monitoring and assessing the schoolcurriculum and being accountable for higher learningoutcomes;

(4) Developing the school education program and schoolimprovement plan;

(5) Offering educational programs, projects and services whichprovide equitable opportunities for all learners in thecommunity;

(6) Introducing new and innovative modes of instruction toachieve higher learning outcomes;

(7) Administering and managing all personnel, physical andfiscal resources of the school;

(8) Recommending the staffing complement of the schoolbased on its needs;

(9) Encouraging and enhancing staff development;

(10) Establishing school and community networks andencouraging the active participation of teacher

organizations, non-academic personnel of public schools,and parents-teachers-community associations;

(11) Accepting donations, gifts, bequests and grants inaccordance with existing laws and policy of the Departmentfor the purpose of upgrading teachers/learning facilitators'competencies, improving and expanding school facilitiesand providing instructional materials and equipment. Suchdonations or grants must be reported to the division

superintendents; and

(12) Performing such other functions as may be assigned by theSecretary, Regional Director and Schools DivisionSuperintendents where they belong.

RULE VII.


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Organizational Support

SECTION 7.1. Organizational Structure and Staffing Pattern. The existing organizational structure or set-up of the Department ofEducation for programs promotion and support, planning,administrative, fiscal, legal, ancillary and other support services shall

be maintained at the national, regional, division and school level.

However, in order to ensure their consistency with the mandate of theDepartment of Education pursuant to this Act, the national educationpolicies, plans and standards, the Secretary of Education shall directthe conduct of review and evaluation of the present organizationalstructure and staffing pattern at all levels.

The result of the evaluation and findings may be the basis of theSecretary of Education to recommend changes and modifications inthe present organizational structure and staffing pattern with theappropriate authorities, subject to pertinent provisions of laws, rulesand regulations on the matter.

SECTION 7.2. Review and Rationalization of the OrganizationalStructure and Staffing Pattern. For an efficient and effectivemanagement of the school in the region, the Secretary shall task theRegional Director to:

a) Review and rationalize the existing organizational structureand staffing pattern of the different organizational units inthe regional office, division office, district office and schoolfor recommendation on their possible modification orchange to the Secretary of Education and the Department ofBudget and Management (DBM) within a reasonable periodof time which must be not later than sixty (60) days from theeffectivity of this implementing rules and regulations;

b) Study on the specific delineation of roles and responsibilitiesbetween and among district/division/regional supervisors.The result of said study shall be submitted within areasonable period of time to the Department of Budget andManagement as the basis for a possible change in theirposition titles, classification and salary grades.


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RULE VIII.

Equitable, Direct and Immediate Release of Resources tothe Field Offices

SECTION 8.1. Equitable, Direct and Immediate Release ofResources to the Field Offices. In line with the decentralization offiscal management to the level of field offices, the Secretary ofEducation is tasked to:

a. Rationalize the allocation and distribution of the resourcesprovided by the national government for the field offices. Inthis regard, the Secretary of Education shall formulate anallocation system, using among other factors, the uniqueness

of the working conditions of the teaching service in thelocality, to equitably distribute resources to the field offices.

b. Establish and develop a procedure to directly andimmediately release to the regional and field offices(elementary school, secondary school and schools division)all appropriations and resources intended for them by thenational government which may include but are not limitedto personnel services, maintenance and other operatingexpenses (MOOE), desks, textbooks and repair and

maintenance of school buildings.

c. Establish and develop a reporting system on the utilization offunds by the aforesaid field offices to the Department ofEducation, Central Office and the Department of Budget andManagement.

For this purpose, the Secretary of Education shall create a task forceto work and coordinate closely with the Department of Budget and

Management for the promulgation of joint guidelines on theallocation, distribution and utilization of such resources.

The task force shall be given sixty (60) days upon the effectivity ofthis implementing rules and regulations to submit the final draft ofthe joint guidelines to the Secretaries of Education and Department ofBudget and Management for their approval.


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The Secretary of Education shall recommend to the Commission on

Audit (COA) the necessary audit rules and regulations that willgovern the utilization of all available resources taking into account thefollowing:

a. Different characteristic and distinct features of the fieldoffices.

b. Organizational set-up in the field office.

c. Nature of the operations of the schools and learning centers.

RULE XI.

Recruitment, Selection and Appointment

SECTION 11.1. Recruitment, Selection and Appointment ofOfficials and Employees in the Department of Education. Selectionof the officials and employees for appointment in the Department ofEducation shall be anchored on the principles of merit, competence,fitness and equality and shall be open to all qualifiedcandidates/applicants regardless of gender, civil status, religion,ethnicity or political affiliation. Likewise, in no case shalldiscrimination be made against applicants who are differently-abled

persons.

The approved Merit Selection Plan shall be used as one of the basisfor the approval of appointments.

SECTION 11.2. Selection and Promotions Board for Third LevelPositions. The Secretary of Education shall create a selection andpromotions board for the third level positions, which shall formulateand implement a system of promotion for regional directors, assistant

regional directors, bureau/center/service direc