DepEd Order No. 49, s. 2006
Revised Rules of Procedure of the Department of Education in Administrative Cases
Clear answers to common questions—rights-first, step-by-step, and practical.
This FAQs post serves as a clear, employee-friendly guide to DepEd Order No. 49, s. 2006, which outlines the Revised Rules of Procedure of the Department of Education in Administrative Cases. It answers common questions in plain language—what happens when a complaint is filed, what your rights and responsibilities are, and how due process is observed—so DepEd employees can stay informed, respond appropriately, and navigate administrative processes with confidence and professionalism.
Before the FAQs: the one message to remember
A complaint is not a finding of guilt.
The Order exists to ensure fairness and due process—so actions are evidence-based, consistent, and legally defensible.
It is DepEd’s procedural rulebook for administrative cases. It explains how complaints are received, evaluated, investigated, heard (when required), decided, and reviewed through remedies like reconsideration or appeal.
Generally, DepEd personnel—teaching and non-teaching—within DepEd’s administrative jurisdiction. The procedure may vary depending on position level and the disciplining authority with jurisdiction.
An administrative case addresses workplace accountability and public service standards (employment-related liability and penalties). A criminal case is filed in court under penal laws and may result in criminal penalties. One act can potentially trigger both, but they follow different processes and standards.
Usually yes—any person with personal knowledge or supported information may file a complaint, subject to sufficiency requirements (written complaint, clear factual allegations, and supporting evidence/affidavits where applicable).
As a practical standard, the complaint must be written, clearly state who is complained against, describe the acts/omissions with dates/places/material details, and attach supporting evidence (documents and witness statements/affidavits if available). Defective or clearly baseless complaints may be dismissed early.
Workplace reality: “Complete + specific + supported” complaints are the ones that typically progress.
No. A complaint triggers evaluation and due process. Findings are based on evidence and proper procedure—not rumors, pressure, or assumptions.
Typically: (1) initial screening for form and basic merit; (2) fact-finding/preliminary investigation may be conducted; and (3) the respondent may be directed to submit a counter-affidavit or explanation. If there is no basis, the complaint can be dismissed early.
A counter-affidavit is your sworn, evidence-based response to allegations. It is important because it may determine whether the case proceeds to a formal charge. Your strongest defense is usually: clear facts + documents + consistent timeline.
- Answer allegations item-by-item.
- Attach records (DTRs, memos, emails, logs, reports, screenshots).
- Use sworn witness statements when relevant.
A formal charge is the official notice that the case is being pursued formally. It states the accusations (often linked to specific administrative offenses) and orders the respondent to submit an answer within the required period.
Not always. Some cases may be resolved based on submitted affidavits and documents, depending on the rules applied and the circumstances. If a formal investigation/hearing is conducted, it usually includes pre-hearing conference and scheduled proceedings.
Preventive suspension is generally a temporary measure used to protect the investigation (e.g., to prevent evidence tampering, witness intimidation, or undue influence). It is typically not considered a final penalty by itself.
Important: If you receive a preventive suspension order, treat it as time-sensitive and seek proper guidance through official/legal channels.
Administrative offenses usually fall into broad groupings (often described as grave, less grave, and light). Commonly encountered allegations include misconduct, neglect of duty, dishonesty, absenteeism/tardiness issues, insubordination, and similar violations of civil service standards and DepEd rules.
Always verify the exact offense classification and penalty ranges in the official rules and applicable civil service regulations.
- Record the date/time of receipt and keep proof (this controls deadlines).
- Read the directive: what document is required (counter-affidavit/answer) and when it is due.
- Gather documents that directly answer the allegations.
- Respond factually (item-by-item). Avoid emotional statements or attacks.
- Coordinate through proper channels (HR/legal/authorized representative).
Do not: ignore the notice, rely on hearsay, post on social media, or confront parties aggressively.
Failure to answer within the required period can be treated as waiver of the opportunity to explain, and the proceedings may continue based on available evidence. Practically, non-response increases risk—because your side is missing from the record.
Administrative proceedings generally allow assistance by counsel/representative, subject to procedural rules. In practice, many employees coordinate with HR/legal units or authorized representatives when preparing sworn submissions and organizing evidence.
An MR is a formal request asking the deciding authority to reconsider its decision—typically on grounds like clear errors of fact or law, or newly discovered evidence (where allowed). Use MR only when there is a legitimate, evidence-based basis.
- It is usually time-bound from receipt of the decision.
- It is typically limited (often only one MR is allowed).
- Weak or repetitive MRs often fail and may delay strategic remedies.
An appeal elevates the case to a higher authority for review, following rules on where to file, deadlines, and required documents. MR is directed to the same authority that issued the decision; appeal goes to the proper reviewing authority.
This is case- and policy-dependent. Some rules recognize that mere pendency is not automatically disqualifying, but practical outcomes vary depending on the nature of the case, stage, and applicable civil service and DepEd guidelines. Always verify with HRMO and official policy.
As a best practice: no. Keep discussions limited to official channels and authorized persons. Public discussion increases risks of misinformation, workplace conflict, and potential violations of confidentiality expectations.
Deadlines + documents + professionalism.
Meet every deadline, support every statement with records, and keep all communications respectful and official.
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