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by Toni Umali, Esq. - June 21, 2015
A PUBLIC-SCHOOL teacher asked me recently where should an administrative
case against a public-school teacher be filed?
I said, Based on law and jurisprudencethe Department of Education
[DepEd], the Civil Service Commission [CSC] and the Professional Regulation
Commission [PRC] have concurrent jurisdiction over administrative cases
involving public-school teachers. I then quickly added, However, there are
other cases that affirmed that the Office of the Ombudsman also has
concurrent jurisdiction over the same.
For our readers, especially our public-school teachers facing an
administrative case, I strongly suggest that you read the following decided
cases to fully understand this question of jurisdiction of administrative cases
for our public-school teachers: Rene Puse v. Ligaya Puse, G.R. No. 183678,
March 15, 2010; Office of the Ombudsman v. Estandarte and the Court of
Appeals, G.R. No. 168670, April 13, 2007; Melecio Alcala vs. Jovencio Villar,
G.R. No. 156063, November 18, 2003; Martin Emin v. CSC Chairman Corazon
Alma G. de Leon, G.R. No. 139794, February 27, 2002; and Armand Fabella
vs. Court of Appeals, G.R. No. 110379, November 28, 1997 (a must read for
all our teachers).
The landmark case of Fabella arose sometime on September 17, 1990, when
then-Department of Education, Culture and Sports (DECS) Secretary Isidro
Cario issued a return-to-work order to all public-school teachers who had
participated in walkouts and strikes on various dates during the period
September 26, 1990, to October 18, 1990.
The mass action had been staged to demand payment of 13th-month
differentials, clothing allowances and passage of a debt-cap bill in Congress,
among other things. On October 18, 1990, Secretary Cario filed
administrative cases against several public-school teachers of the
Mandaluyong High School. The charge sheets required our public-school
teachers to explain in writing why they should not be punished for having
taken part in the mass action in violation of the following civil-service laws
and regulations: grave misconduct, gross neglect of duty, gross violation of
Civil-Service Law and rules on reasonable office regulations, refusal to
perform official duty, conduct prejudicial to the best interest of the service
and absence without leave (AWOL). At the same time, Secretary Cario
ordered all of them to be placed under preventive suspension.
As the central personnel agency of the government, the CSC has jurisdiction
to supervise and discipline all government employees, including those
employed in government-owned or -controlled corporations with original
charters. Consequently, if civil-service rules and regulations are violated,
complaints for said violations may be filed with the CSC.
However, where concurrent jurisdiction exists in several tribunals, the body
or agency that first takes cognizance of the complaint shall exercise
jurisdiction over the case and which had the authority to proceed and decide
the case, to the exclusion of the others. Thus, if an administrative case is
filed with the DepEd against a public-school teacher first (or initially with
another agency, like Ombudsman the CSC but was immediately referred to
the Deped without the former hearing the case and the latter actively
investigating the case in accordance with the DepEd rules on administrative
proceedings), then the DepEd acquired jurisdiction over the administrative
case and it has the sole authority to proceed and decide the case to the
exclusion of the Ombudsman and the CSC.
This column should not be taken as a legal advice applicable to any case, as
each case is unique and should be construed in light of the attending
circumstances surrounding such particular case.
Lawyer Toni Umali is the current assistant secretary for Legal and
Legislative Affairs of the Department of Education (DepEd). He is licensed to
practice law not only in the Philippines, but also in the state of California and
some federal courts in the US after passing the California State Bar
Examinations in 2004. He has served as a legal consultant to several
legislators and local chief executives. As education assistant secretary, he
was instrumental in the passage of the K to 12 law and the issuance of its
implementing rules and regulations. He is also the alternate spokesman of
the DepEd.