ADMINISTRATIVE DISCIPLINE short version 2.ppt -...

Administrative
Administrative
Discipline of Public
Discipline of Public
School Teachers
School Teachers
Ulpiano “Ulan” P.
Sarmiento III
By:
Consultant

Topics:
Topics:

Part I

Administrative Discipline

Part II

Disciplinary Jurisdiction

Part III

Grounds for Disciplinary Action
 Part IV
 DECS Rules of Procedure

Part I: Administrative
Part I: Administrative
Discipline
Discipline
A. Administrative Discipline: Basic Principle
B. Constitutional and Legal Basis for Administrative Discipline
C. Due Process; Principle; Basis
Of

A. Administrative Discipline: Basic Principle
A. Administrative Discipline: Basic Principle
 Mechanism by which public servants are
made answerable for acts or omissions
committed in the service, provided--
 Due process is observed
 Security of tenure protected

B.
B.
Constitutional and Legal Basis for
Constitutional and Legal Basis for
Administrative Discipline
Administrative Discipline
 1987 Constitution
 No disciplinary action except for cause provided by
law

Article IX, B, Sec. 2
 Public office - Public trust
 Article XI, Sec. 1
 Public servants accountable to people

B. Constitutional and Legal Basis for Administrative
B. Constitutional and Legal Basis for Administrative
Discipline
Discipline
 Public servants - must serve with utmost Responsibility, Integrity, Loyalty, &
Efficiency
–
must act with patriotism and justice and lead modest lives

C. Due Process; Principle; Basis Of
C. Due Process; Principle; Basis Of
 Principle of Due Process means that before a
party may be held bound by administrative
proceedings, he must--
(a) been impleaded (notified)
(b) given an opportunity to defend his rights (answer)
 Two (2) aspects of due process
 Substantive
 Procedural

C. Due Process; Principle; Basis Of
C. Due Process; Principle; Basis Of
 Basis of--
 1987 Constitution (Article III, Sec. 1)
“No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the
laws.”

Part II: Disciplinary
Part II: Disciplinary
Jurisdiction
Jurisdiction
A. Disciplining Authority; Department of Education
B. Delegation of Authority to Investigation
C. Constitution of Investigating Committee

A. Disciplining Authority; Department of
A. Disciplining Authority; Department of
Education
Education
 Secretary of Education
 Regional Directors in their regions
 School Division Superintendents are Disciplining Authority for Non-Academic Personnel
(RA 9155)

B. Delegation of Authority to Investigate
B. Delegation of Authority to Investigate
 Secretary is duly authorized to discipline Presidential appointee, subject to
President confirmation

Investigation Committee (per R.A. 4670) shall be constituted to conduct the formal
investigation and thereafter report and recommend to disciplining authority
 It shall deliberate COLLECTIVELY; NOT INDIVIDUALLY

C. Constitution of Investigating Committee
C. Constitution of Investigating Committee
 Respondent is elementary/secondary,