Administrative Proceedings

 
I. ADMINISTRATIVE PROCEEDINGS:
 
1.    What is an Administrative complaint?
An administrative complaint is an accusation against any DepEd personnel
for having committed any offense with a request for an investigation to be
done to safeguard public interest.
 
2.    What is the DepEd Rule/Regulation governing Administrative
Cases?
The rule governing administrative proceedings in DepEd is DepEd Order No.
49, s. 2006.
 
3.    Is an Administrative complaint the same as a Grievance issue?
An administrative complaint is not the same as a Grievance issue.
Administrative complaints usually has the elements of malice or bad faith
which is not present in grievance issues. Grievance issues on the other
hand are plainly work related discontentment or dissatisfaction. Grievances
are acted pursuant to DepEd Order No. 35, s. 2004, while Administrative
Cases are governed by DepEd Order No 49, s. 2006.
 
4.    How can an Administrative proceeding be initiated?
An administrative proceeding can be initiated by filing a complaint which is
sufficient in form and substance.
 
5.    What is the prescribed form for complaints?
A complaint must be under oath and written in a clear, simple and concise
language so as to inform the person complained of , about the cause and
nature of the accusation against him  to enable him to intelligently prepare
for his defense or answer.
 
6.     What is the contents of a complaint?
A complaint must contain the following:
 
a. Full name and address of the complainant;
b. Full name, address, position and Office of the person being complained
of;
c. A narration of the relevant and material facts which should show the
violations/offenses of the person complained of;
d. Certified true copies of the documentary evidences and affidavits of
witnesses;
e. Verification and Certification of Non-Forum Shopping.
 
Non-observance of the formalities prescribed by the Rule may be a ground
for the dismissal of the complaint.
 
7.    Can a query be considered as a complaint?
Generally a query, such as “tama po ba and action?” is not considered as a
complaint.
 
8.     What is the difference between a case and a complaint?
There is a case only when a Formal Charge has been issued. Without said
Formal Charge, there is only a complaint. Hence, DepEd personnel could
still be issued with Certifications of No Pending Administrative Case, unless
a Formal Charge has been issued against him/her
 
9.     What is a Verification?
A verification is a declaration of a person under oath, attesting to the fact
that he has caused the preparation of a pleading/document, that he/she
read and understood the same and its contents are true and based on
his/her personal knowledge and based on authentic records.
 
10.    Is a Certificate of Non-Forum Shopping required in an
administrative case?
A Certificate of Non-Forum Shopping is a certification from a party attesting
that he/she has not commenced any action of proceeding involving the
same issue in the Supreme Court, the Court of Appeals or any other
tribunal or agency; that to the best of his/her knowledge, no such action or
proceeding is pending in the Supreme Court, the Court of Appeals or any
tribunal or agency, and that, if he/she should learn thereafter that a similar
action or proceeding has been filed or is pending before these courts of
tribunal or agency, he/she undertakes to report that the fact to the
Court/Tribunal within five (5) days therefrom.
 
11.   Where should I go to file administrative complaints?
The determination of venue depends on the person being complained of.
 
If the person being complained of is a presidential appointee or a personnel
of the DepEd Central Office, the complaint must be filed before the Legal
Division of the Central Office.
 
If the person being complained of is a teacher, school head/principal,
supervisor or any employee of the Regional Office, the complaint must be
filed before the Regional Office.
 
If the person being complained of is a Division Office non-teaching
personnel, the complaint must be filed before the Schools Division Office.
 
Nonetheless, the Secretary of Education can take cognizance of any
complaint against any DepEd personnel filed before any DepEd Office.
 
12.    Does the Department of Education entertain anonymous
complaints?
As a general rule, anonymous complaints are not entertained.
 
An exception to this rule is when the disciplining authority adopts the same
and files it motu proprio. This happens if there is obvious truth or merit in
the allegations of the  anonymous complaint or when there are evidences
supporting the allegations.
 
13.   Can administrative complaints be subject to
mediation/settlement?
Only light offenses can be the subject of mediation in DepEd, provided that
there is no damage caused to the government. Light offenses are not subject
 to automatic mediation or amicable settlement, but needs the prior
authorization of the disciplining authority.
 
14.    What are the complaints that cannot be the subject of
mediation/settlement?
The following complaints can neveqr be the subject of settlement:
1. Child Abuse complaints;
2. Union-related concerns;
3. Sexual Harassment complaints;
4. Complaints concerning graft and corruption;
5. Other gross offenses.
 
15.   Who is the disciplining authority for Teachers, School Heads/
Principals and Supervisors?
It is the Regional Directors that has disciplining authority over public
School Teachers, Principal and Supervisors.
 
16.   Who are covered by the administrative disciplinary authority of
the Office of the DepEd Schools Division Superintendents?
Schools Division Superintendents only has disciplinary jurisdiction over
Division Office Non-Teaching personnel.
 
17.    Does School Heads/Principals have disciplinary powers over
teachers and students?
Principals are without any power to discipline teachers, since such power
belongs to the Regional Director. However, Principals has disciplinary power
to impose appropriate penalties to public school students, after due
proceedings.
 
18.    What are the grounds for Disciplinary Actions in DepEd?
 
GROUNDS
a. Dishonesty
b. Oppression
c. Neglect of duty
d. Misconduct
e. Disgraceful and immoral conduct
f. Being notoriously undesirable
g. Discourtesy in the course of official duties
h. Inefficiency and incompetence in the performance of official duties
i. Receiving for personal use of a fee , gift or other valuable thing in the course of
official duties or in connection  therewith when such fee, gift or other valuable
thing is given by any person in the hope or expectation of receiving a favor or
better treatment than that accorded other persons or committing acts punishable
under the anti-graft laws
j. Conviction of a crime involving moral turpitude
k. Improper or unauthorized solicitation of contributions from subordinate
employees and by teachers or school officials from school children
l. Violation of existing Civil Service  Law and Rules or reasonable office ,
regulations
m. Falsification of  official documents
n. Frequent unauthorized absences or tardiness in reporting for duty, loafing or
frequent unauthorized absences from duty during regular office hours
o. Habitual drunkenness
p. Gambling prohibited by law
q. Refusal to perform official duty or render overtime service
r. Disgraceful, immoral or dishonest conduct prior to entering the service
s. Physical or incapacity or disability due to immoral  vicious habits
t. Borrowing money by superior officers from subordinates or lending by
subordinates to superior officers
u. Lending money at usurious rates of interest
v. Willful failure to pay just debts or willful failure to pay taxes due the
government
w. Contracting loans of money or other property from persons with whom the
office of the employees concerned has business relations
x. Pursuit of private-business, vocation or profession without the permission
required by the Civil Service rules and regulations
y. Insubordination
z. Engaging directly or indirectly in partisan political activities by one holding a
non-political office.
aa. Conduct prejudicial to the best interest of the service
bb. Lobbying for personal interest or gain in legislative halls or offices without
authority
cc. Promoting the sale of tickets in behalf of private enterprises that are not
intended for charitable or public welfare purposes and even in the letter cases if
there is no prior authority
dd. Nepotism as defined in Section 59, Chapter 8, Subtitle A, Title l, Book V of
E.O. No.292
ee. Sexual Harassment as defined and penalized under CSC Resolution No. 01-
0940.
 
19.   How is an administrative complaint acted upon?

Pursuant to Section 8 of DO 49 S. 2006, the actions on the Complaint shall

be as follows:
 
a. The disciplining authority concerned shall dismiss outright a complaint
if on its face, there is obviously no truth or merit to the allegations therein.
b. The disciplining authority shall also dismiss the complaint if the same is
not in accordance with the required form and/or it does not comply with the
required content of a complaint.
c. If the complaint is sufficient in form and substance, the disciplining
authority shall give due courseto the complaint by appointing within ten
(10) days from receipt of the complaint an investigator(s) who shall conduct
fact-finding investigation or preliminary investigation.
d. No action shall be taken on an anonymous complaint, unless the
disciplining authority decides to adopt the same and file it motu proprio.
 
20.   What is the effect of the withdrawal of the Private Complainant?
In accordance with the Rules, “the withdrawal of the Private
Complainant does not result in its outright dismissal nor in 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.”
 
21.   What rules apply in the investigation of Administrative
complaints?
DO 49 S. 2006, otherwise known as the Revised Rules of Procedure of the
Department of Education in Administrative Cases.
 
22.   How is administrative adjudication conducted in DepEd?
Investigations in DepEd are non-litigous in nature. Subject to  the
requirements of due process in administrative cases, the technicalities of
law, procedure and evidence shall not strictly apply thereto
 
23.    What is preliminary or fact finding investigation?
It is a proceeding conducted upon the order of the disciplining authority in
order to determine the existence of a prima facie case. A prima facie
case shall mean that there is a reasonable ground to believe that the
respondent is probably guilty of the charge/s against him, and should be
investigated accordingly.
 
24.   Who may conduct preliminary investigation of Administrative
cases?
An investigator duly designated by the disciplining authority shall conduct
the preliminary investigation.
 
25.  What is the extent of authority of the Office of Regional Director
in the conduct of administrative investigations?
The Office of the Regional Director shall have the authority to conduct
administrative investigations on: (1) teaching personnel in their respective
regions and (2) non-teaching personnel in their respective offices except for
cases against presidential appointees.
 
Presidential appointees shall include Assistant Superintendent,
Superintendents, Assistant Regional Directors, Regional Directors, Assistant
Secretaries and Undersecretary. The Secretary shall have original and
exclusive jurisdiction to Presidential appointees and shall be subject to
confirmation, disapproval or modification by the President of the
Philippines.
 

26.    What shall happen after the Preliminary/Fact Finding

Investigation?
Pursuant to Section 9 (f) of DO 49. 2006, “(w)ithin five (5) days from the
termination of the preliminary investigation or fact-finding investigation, the
investigator(s) shall submit the complete records of the case to the Disciplining
Authority with his/their investigation report which should contain his/their
findings and recommendations.”
 
27.   What is a Formal Charge?
Formal Charge “shall contain a specification of charge(s), a brief statement of
material or relevant facts accompanied by certified true copies of
documentary evidence, if any, sworn statements covering the testimony of
witness, if any, a directive to answer under oath the charge(s) in writing in
not less than seventy-two (72& hours from receipt therepf, an advice for the
respondent to indicate in his answer whether or not he elects a formal
investigation of the charge(s) and a notice that he is entitled to be assisted by
a counsel of his choice.”
 
28.    What is a Preventive Suspension?
A Preventive Suspension is issued when a Respondent has been charged to
take the Respondent out from the scene of the offense to prevent him/her
from tampering with evidences and from influencing witnesses.
 
29.   Is Preventive Suspension a penalty?
No, it is not a penalty. It is only a process, the sole intention is to take the
Respondent from the scene of the offense to avoid the Respondent from
possibly tampering with evidences and/or to influence witnesses.
 
30.   What are the remedies if a Respondent is placed under Preventive
Suspension?
The Respondent may file a Motion for Reconsideration before the
Disciplining Authority or Appeal the same with the Civil Service
Commission.
 
A Respondent may request that he/she be detailed to another Office during
the period of his/her preventive suspension.
 
31.   What is the maximum period for Preventive Suspension?
A Respondent preventively suspended shall not be allowed to enter his/her
station for a period not exceeding 90 days.
 
32.   When and Where must a Respondent file his Answer to the Formal
Charge?
A Respondent must file his Answer within 5 days from receipt of the Formal
Charge before the proper Disciplining Authority.
 
33.   What happens if the Respondent fails to file his Answer?
For failure to file the required Answer, it may be considered as a waiver to
file the same and the Formal Investigation shall ensue.
 
34.   What is a Formal Investigation?
A formal investigation is where the merits of the case shall be fully evaluated
by a Formal Investigation Committee.
 

35.   Who must conduct a Formal Investigation in DepEd?

 
If Respondent is a teacher, as defined under the Magna Carta for Public
School Teachers, the Formal Investigation must be conducted by a
committee composed of the following:
Chairman: Schools Division Superintendent or his/her representative who
must have at least the rank of a Division Supervisor.
Member: A Supervisor of the Division;
Member: A representative of a local, or in its absence, any existing
provincial or national teacher’s organization.
 
When the Respondent is a Non-Teaching Division/Regional Personnel, the
Disciplining shall have full discretion as to who he/she shall appoint as
members of the Formal Investigation Committee.
 
36.   Is there a need for a trial type proceedings during the Formal
Investigation?
There is no need for a trial type proceedings as technical rules of procedures
are not utilized in administrative proceedings.
 
The Respondent may opt to submit the case for Resolution based on
Position Papers.
 
37.   Is there a need for a Counsel during Formal Investigation?
There is no requirement that parties must be represented by their counsel
during the Formal Investigation. Nonetheless, the presence of a counsel
representing a party shall be honored during the Formal Investigation.
 
38.   Are there prohibited pleadings in the administrative proceedings
in DepEd?
Yes, any dilatory motions such as Motion for Bill of Particulars, requests for
clarifications, suspension of proceedings and the like shall not be
entertained.
 
39.   What would be the effect if prohibited pleadings are filed in the
administrative proceedings?
Any of these pleadings shall be considered as an Answer and shall be
evaluated as such.
 
40.   What are the penalties that may be imposed by the Disciplining
Authority?
1st 2ND 3RD
TITLE OF OFFENSES
OFFENSE OFFENSE OFFENSE
  1. Dishonesty Dismissal    
  2. Gross Neglect of Duty Dismissal    
  3. Grave Misconduct Dismissal    
  4. Being Notoriously
Dismissal    
Undesirable
  5. Conviction of a crime
Dismissal    
involving moral turpitude
  6. Falsification of official
Dismissal    
document
  7. Physical or mental
incapacity or disability due to Dismissal    
immoral or vicious habits 
  8. Engaging directly or
indirectly in partisan political
Dismissal    
activities by one holding non-
political office
  9. Receiving for personal use of
a fee, gift or other valuable
thing in the course of official
duties or in connection
therewith when such fee, gift or
other valuable thing is given by
Dismissal    
any person in the hope or
expectation of receiving a favor
or better treatment than that
accorded to other persons, or
committing acts punishable
under the anti-graft laws
  10. Contracting loans of
money or other property from
persons with whom the office of      
the employee has business
relations
  11. Soliciting or accepting      
directly or indirectly , any gift ,
gratuity , favor, entertainment ,
loan or anything of monetary
value which in the course of his
official duties or in connection
with any operation being
regulated by, or any transaction
which may be affected by the
functions of his office. The
propriety or impropriety of the
foregoing shall be determined by
its value, kinship, or
relationship between giver and
receiver and the motivation. A
thing of monetary value is one
which is evidently or manifestly
excessive by its very nature
  12. Nepotism      
  13. Disloyalty to the Republic
of the Philippines and to the      
Filipino people
Suspension
(6 mons. 1
  14. Oppression    
day to 1
year)
Suspension
for six(6)
  15. Disgraceful and immoral months and
   
conduct one  (1) day
to one (1)
year;
Suspension
for six (6)
  16. Inefficiency and
months and
incompetence in the    
one (1) day
performance of official duties
to one (1)
year
  17. Frequent an authorized Suspension
absences, or tardiness in for six (6)
reporting for duty , loafing or months and
   
frequent unauthorized absences one (1) day
from  duty during regular office to one (1)
hours year
Suspension
for six (6)
  18. Refusal to perform official months and
   
duty one (1) day
to one (1)
year
Suspension
for six (6)
months and
  19. Gross insubordination    
one (1) day
to one (1)
year
  20. Conduct prejudicial to the Suspension    
best interest of the service for six (6)
months and
one (1) day
to one (1)
 year
  21. Directly or indirectly
Suspension
having financial and material
for six (6)
interest in any transaction
months and  
requiring the approval of his  
one (1) day  
office. Financial and material
to one (1)
interest is defined as pecuniary
year
or proprietary interest
  22. Owning, controlling,
managing or accepting
Suspension
employment as officer,
for six (6)
employee, consultant, counsel,
months and
broker, agent, trustee, or    
one (1) day
nominee in any private
to one (1)
enterprise regulated, supervised
year
or licensed by his office, unless
expressly- allowed by law
  23. Disclosing or misusing
confidential or classified
Suspension
information officially known to
for six (6)
him by reason of his office and
months and
not made available to the    
one (1) day
public, to further his private
to one (1)
interests or give undue
year
advantage to anyone, or to
prejudice the public interest
  24. Obtaining or using any
statement filled under the Code
of Conduct and Ethical
Suspension
Standards for Public Officials
for six (6)
and Employees for any purpose
months and
contrary to morals or public    
one (1) day
policy or any commercial
to one (1)
purpose other than by news and
year
communications media for
dissemination to the general
public
  25. Recommending any person
to any position in a private
enterprise which has a regular
Suspension
or pending official transaction
for six (6)
with his office , unless such
months and
recommendation or referral is    
one (1) day
mandated by (1) law, or  (2)
to one (1)
international agreements ,
year
commitment and obligation , or
as part of the function of his
office 
  26. Simple Neglect of Duty Suspension    
 for one (1)
month and
(1) day to six
(6) months
Suspension
for one (1)
  27. Simple Misconduct month and    
(1) day to six
(6) months
Suspension
for one (1)
  28. Gross Discourtesy in the  
month and  
course official duties  
(1) day to six
(6) months
Suspension
  29. Violation of existing Civil for one (1)
Service Law and rules of serious month and    
nature (1) day to six
(6) months
Suspension
for one (1)
  30. Insubordination month and    
(1) day to six
(6) months
Suspension
for one (1)
Habitual Drunkenness month and    
(1) day to six
(6) months
Suspension
Unfair discrimination in for one (1)
rendering public service due to month and    
party affiliation or preference (1) day to six
(6) months
Failure to file sworn statements
of assets liabilities and net
worth, and disclosure of Suspension
business interest and financial for one (1)
 
connections including those of month and  
 
their spouses and unmarried (1) day to six
children under eighteen (18) (6) months
years of age living in their
households
Failure to resign from his Suspension    
position in the private business for one (1)
enterprise within thirty (30) month and
days from assumption of public (1) day to six
office  when conflict of interest (6) months
arises, and/or failure to divest
himself of his shareholdings or
interest in private business
enterprise within sixty (60) days
assumption of public office
when conflict of interest arises;
Provided, however that for those
who are already in the service
and conflict of interest arises,
the official or employee must
either resign or divest himself of
said interest within the periods
hereinabove; provided, reckoned
from the date when the conflict
of the interest had arisen
Suspension
Discourtesy in the course of for one (1) to
   
official duties thirty (30)
days
Improper or unauthorized
Suspension
solicitation of contributors from
for one (1) to
subordinate employees and by    
thirty (30)
teachers or school officials from
days
school children
Suspension
Violation of reasonable office for one (1) to
Reprimand  
rules and regulations thirty (30)
days
Suspension
Frequent unauthorized for one (1) to
   
tardiness (Habitual Tardiness) thirty (30)
days
Suspension
for one (1) to
Gambling prohibited by law Reprimand  
thirty (30)
days
Suspension
Refusal to render overtime for one (1) to
   
service thirty (30)
days
Suspension
Disgraceful , immoral or
for one (1) to
dishonest conduct prior to    
thirty (30)
entering the service
days
Suspension
Borrowing money by superior for one (1) to
   
officers from subordinates thirty (30)
days
 Suspension
Lending money at usurious for one (1) to
Reprimand  
rates of interest thirty (30)
days
Willful failure to pay just debts
or willful failure to pay taxes
due to the government 
The term “just debts” shall Suspension
apply to: for one (1) to
   
Claims adjudicated by a court of thirty (30)
flaw, or days
Claims the existence and
justness of which are admitted
by the debtor
Suspension
Lobbying for personal interest
for one (1) to
or gain in legislative halls and    
thirty (30)
offices without authority
days
Promoting the sale of tickets in
behalf of private enterprises
Suspension
that are not intended for
for one (1) to
charitable or public welfare Reprimand  
thirty (30)
purposes and even in the latter
days
cases, if there is no prior
authority
Failure to act promptly on 
letters and request within
fifteen (15) days from receipt, Suspension
except as otherwise provided in for one (1) to
   
the rules implementing the thirty (30)
Code of Conduct and Ethical days
Standards for Public Officials
and Employees
Failure to process documents
and complete action on
documents and papers within a
reasonable time from Suspension
preparation thereof, except as for one (1) to
   
otherwise provided in the rules thirty (30)
implementing the Code of days
Conduct and Ethical Standards
for Public Officials and
Employees
Failure to attend to anyone who
Suspension
wants to avail himself of the
for one (1) to
services of the office, or act    
thirty (30)
promptly and expeditiously on
days
public transaction
Engaging in private practice of   Suspension  
his profession unless authorized
by the Constitution, law or for one (1) to
regulation, provided that such thirty (30)
practice will not conflict with days
his official functions
Pursuit of private business, Suspension
vocation or profession without for one (1) to
   
the permission required by Civil thirty (30)
Service rules and regulations days
 
 

What are the duration and effects of administrative penalties?

 
The following rules shall govern in the imposition of administrative
penalties:
 
The penalty of dismissal shall result in the permanent separation of the
respondent from the service, with or without prejudice to criminal or civil
liability.
 
The penalty of transfer shall carry with it the sanction that failure on the
part of the respondent to seek transfer to another office within a period of
not less than ninety (90) days, he shall be considered resigned. The penalty
of transfer may be imposed with a condition that the respondent shall be
barred from holding a position involving property or money responsibility.
 
The penalty of demotion shall include reduction in rank, or salary, or both.
 
The penalty of suspension shall result in the temporary cessation of work
for a period not exceeding one (1) year.
 
Suspension of one day or more shall considered a gap in the continuity of
service. During the period of suspension, respondent shall not be entitled to
all money benefits including leave credits.
 
The penalty of fine shall be in an amount not exceeding six (6) month salary
of respondent when the decision becomes final and executory.
 
The penalty of reprimand or censure shall not carry with it any accessory
penalty nor result in the temporary cessation of work.
 
Preventive suspension, which is not considered a penalty, shall not be
considered as a gap in the continuity of the service if the respondent is later
exonerated of the charge/s against him.
 
Who shall be served with a copy of the resolution of a case?
The parties shall be served with a copy of the resolution/decision of the
case.
 
Who must sign a Decision/Resolution terminating a DepEd Personnel
from the service?
The Decision/Resolution terminating a DepEd Personnel from the service
shall be signed by the appropriate Disciplining Authority exercising
jurisdiction over the concerned personnel with the concurrence of the
Secretary of the Department of Education.
 
When does a Decision/Resolution on an administrative case become
final and executory?
Decisions/Resolutions become final and executory when the period for filing
a Motion for Reconsideration or an Appeal lapsed and no such
Motion/Appeal was filed.
 
When a Motion for Reconsideration has been filed and was denied, the
Decision/Resolution becomes final and executory upon receipt of the Order
of denial.
 
What is the remedy on the Decision or Resolution in Administrative
Cases rendered by the Schools Division Superintendents or Regional
Directors?
The immediate remedy to stop the Decision/Resolution from becoming final
and executory is to file a Motion for Reconsideration.
 
Does the Disciplining Authority entertain a Motion for
Reconsideration/ Reinvestigation of the decision or order of an
administrative case?
Yes, provided that the said Motion is filed within 15 days from receipt of the
decision/resolution and that the same is filed before the proper
Office/Forum.
 
What is a motion for reconsideration?
It is a motion from an aggrieved party requesting that the Disciplining
Authority review the case due to errors and other circumstances which may
be set forth in said motion.
 
When and Where must Motions for Reconsideration/Reinvestigation be
filed?
A Motion for Reconsideration must be filed within 15 days from receipt of
the decision/resolution. It must be filed before the Office of the Disciplining
Authority.
 
What is the effect of filing Motions for
Reconsideration/Reinvestigation not on time and not with the proper
Office?
It is as if no Motion for Reconsideration/Reinvestigation was filed.
 
What are the grounds for filing a Motion for Reconsideration/
Reinvestigation of the Decision or Resolution of a case?
Reconsideration/Investigation may be taken on the following grounds: a.
New evidence has been discovered which materially affects the decision
rendered, or b. The decision is not supported by the evidence on record c.
Errors of law or irregularities have been committed prejudicial to the
interest of the movant.
 
How are Decisions/Resolutions in administrative cases executed?
When a Decision/Resolution becomes final, it is ripe for execution. It is
executed through the issuance of an Order of Execution issued by the
Disciplining Authority imposing the penalty contained in the
Decision/Resolution and the recording thereof in the Respondent’s 201 file.
What is the remedy on the decision denying the Motion for
Reconsideration rendered by the Schools Division Superintendents or
Regional Directors?
The remedy is to file an Appeal.
 
What are appealable cases?
Any decision imposing a penalty of more than 30 days suspension or fine
equivalent to more than 30 days salary may be Appealed.
 
When can an aggrieved party file an Appeal?
Appeals in DepEd can only be filed within 15 days from receipt of the
decision of the disciplining authority, upon the lapse of the 15-day period,
the Decision/Resolution becomes final and executory.
 
Where and how is an Appeal filed? 
Appeals must be filed before the Disciplining Authority who denied the
Motion for Reconsideration accompanied by:
Notice of Appeal stating the date of the decision appealed from and the date
of receipt thereof;
3 copies of Appeal Memorandum stating the grounds of appeal with certified
copies of the Decision/Resolution/Order appealed from and certified copies
of the documents or evidences;
Proof of service to the Disciplining Authority;
Proof of payment of appeal fee;
A Certificate of Non-Forum Shopping.
 
Failure to comply with these requirements shall be construed as a failure to
perfect an appeal.
 
How much is an Appeal Fee?
Php 300.00
 
What is the effect of filing an Appeal?
The pendency of the Appeal shall not stop the decision from being
executory.
 
What is the remedy if the Appeal has been denied by the Office of the
Secretary?
An aggrieved party may elevate the decision with the Civil Service
Commission
 
What is the remedy if the Civil Service Commission denied the
Appeal/Petition?
File a Petition for Review with the Court of Appeals.
 
What is the remedy if the Court of Appeal denied the Petition?
The remedy now it to file a Petition with the Supreme Court.