Disciplining Authority Of Non Teaching Personal
Reporter: Glemar S. Monsales
Basic Guideline for Public School Administrators to Understanding the Application of the DepEd Rules of Procedure
Disciplining Authority of Non-teaching Personnel (Sec 6)
School Superintendents (provision by virtue of RA 9155)
Grounds for Disciplinary Action Sec. 2 of the Rules
Content of the Complaint (Sec. 5)
a. ) full name(s) and address(es) of the complainant
b. ) full name(s) and address(es) of the person complained of as well as position and office of employment
c. ) narration of the relevant and material facts which shows the acts or omissions allegedly committed;
d. ) certified true copies of documentary evidence and affidavits of witnesses
e.) a statement that no other administrative action or complaint against the same party involving the same acts or omissions and issues has been filed before another agency or administrative tribunal
Withdrawal of Complaint (Sec. 7) The withdrawal of the complaint does not result in its outright dismissal nor the discharge of the person complained of from any administrative liability. Where there is obvious truth or merit to the allegations in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course.
Actions on the Complaint (Sec. 8)
The disciplining authority concerned shall dismiss outright a complaint if on its face, there is obviously no truth or merit to the allegations therein;
The disciplining authority shall also dismiss the complaint if the same is not in accordance with the required form and/or if it does not comply with the required content of a complaint
No action shall be taken on anonymous complaint unless the DA decides to adopt the same and file it motu proprio
Fact-Finding Investigation or Preliminary Investigation Procedure
(old rule)
Fact-Finding Investigation – involve merely the ex parte examination of records and documents submitted by the complainant
Basic Guideline for Public School Administrators to Understanding the Application of the DepEd Rules of Procedure
Disciplining Authority of Non-teaching Personnel (Sec 6)
School Superintendents (provision by virtue of RA 9155)
Grounds for Disciplinary Action Sec. 2 of the Rules
Content of the Complaint (Sec. 5)
a. ) full name(s) and address(es) of the complainant
b. ) full name(s) and address(es) of the person complained of as well as position and office of employment
c. ) narration of the relevant and material facts which shows the acts or omissions allegedly committed;
d. ) certified true copies of documentary evidence and affidavits of witnesses
e.) a statement that no other administrative action or complaint against the same party involving the same acts or omissions and issues has been filed before another agency or administrative tribunal
Withdrawal of Complaint (Sec. 7) The withdrawal of the complaint does not result in its outright dismissal nor the discharge of the person complained of from any administrative liability. Where there is obvious truth or merit to the allegations in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course.
Actions on the Complaint (Sec. 8)
The disciplining authority concerned shall dismiss outright a complaint if on its face, there is obviously no truth or merit to the allegations therein;
The disciplining authority shall also dismiss the complaint if the same is not in accordance with the required form and/or if it does not comply with the required content of a complaint
No action shall be taken on anonymous complaint unless the DA decides to adopt the same and file it motu proprio
Fact-Finding Investigation or Preliminary Investigation Procedure
(old rule)
Fact-Finding Investigation – involve merely the ex parte examination of records and documents submitted by the complainant