Basically, however, the DECS Rules observe the following requirements and procedures:

1. A complaint in writing and under oath is filed against a teacher. Anonymous complaints, under certain
conditions, may be allowed. For example, the complaint is supported by documentary evidences upon
which the truth can be ascertained, even without the presence of a complainant. If the complaint is filed
with the DepEd Central Office or with its Regional Offices, the complaint is indorsed to the respective
Division Office under which the teacher serves.

2. The complaint must contain a certification against non-forum shopping.

3. A fact-finding or preliminary investigation is conducted to determine whether the complaint is

meritorious or not. The investigating officer or committee of the Division submits its Investigation Report
to the Regional Office. The report may either recommend the filing of a formal charge against the teacher
by the disciplining authority, OR the dismissal of the complaint.

If the complaint is dismissed, the complainant can file a Petition for Review with the Secretary of the
DepEd.

4. The formal charge will require the respondent-teacher to submit within a maximum of five days from
receipt of the charge to file his answer. In the answer, the teacher must state whether he chooses to
exercise his right to a formal investigation.

5. The Division Office concerned creates its investigation committee. The composition of the committee
can be challenged under the DECS Rules (or under the Magna Carta for Teachers).

The respondent may be placed under preventive suspension for a maximum of ninety days.

The formal investigation is conducted just like a courtroom trial, and both complainant and respondent
are entitled to the services of lawyers. Testimonies of witnesses are under oath, and subject to cross-
examination. Documentary evidences are marked and later on formally offered.

After the proceedings, the committee submits to the Regional Office its Formal Investigation Report with
its recommendations for either a finding of guilt or innocence. The Regional Office will then hand down
its decision on the case. (Please take note that the Supreme Court has ruled that the Formal Investigation
Report is an internal document of the DepEd, and there is no denial of due process if the complainant or
respondents is not provided with a copy of the said report.)

6. If the teacher-respondent is found guilty, his successive modes of appeal are as follows: (a) motion for
reconsideration filed with the Regional Office; (2) appeal to the Secretary of DepEd; and (3) petition for
judicial review with the Court of Appeals.

If the teacher-respondent is acquitted, however, the complainant must file a Petition for Review with the
Civil Service Commission.