REPUBLIC OF THE PHILIPPINES) Municipality of Alabat Province of Quezon

) SS.

AMENDED COMPLAINT-AFFIDAVIT
I, RENATO B. TAC-AN SR. Filipino, of legal age, residing at Brgy 3, Municipality of Alabat Province of Quezon REGION IV CALABARZON. Father of Renato C. Tac-an Jr, 13 years old and a present 2nd year student of ALABAT ISLAND NATIONAL HIGH SCHOOL Division Of Quezon District of Alabat, after having sworn to in accordance with the law do hereby depose and state that: I am complaining against Mrs. ROSITA CAGUICLA, teacher and class adviser of my child from Alabat Island National High School, residing at Brgy 2 Alabat Quezon and against Mrs. FELIZA B. QUEVADA Principal of Alabat Island National High School for the following: 1.That in the day of First Periodical Examination , dated August 11, 2011, my child, Renato C. Tac-an Jr. was sent out from the school and prevented/restrained from taking the 1st Periodical Examination by his Classs adviser Mrs. ROSITA CAGUICLA due to not having an EXAMINATION PERMIT and for NON-PAYMENT of the Fees enumerated below:

Parents who has an enrolled student/s in Alabat Island National High School shall pay the ff. a. Membership Fee: (for 1st year and trasferee)----------------------b. Annual Dues: (2nd , 3rd and 4th year)--------------------------------c. Sports Development -------------------------------------------------d. School Organization-------------------------------------------------e. Academic Competition----------------------------------------------f. Science Aid------------------------------------------------------------g. Damayan--------------------------------------------------------------h. School Maintenance Fee--------------------------------------------Sub Total: Amount 50.00 Pesos 20.00 Pesos 45.00 Pesos 30.00 Pesos 50.00 Pesos 30.00 Pesos 50.00 Pesos 200.00 Pesos ___________ 475.00 Pesos

PER STUDENTS: a. Handbook------------------------------------------------------------b. School Publication-------------------------------------------------c. Test Paper-----------------------------------------------------------d. Red Cross-----------------------------------------------------------e. Anti TB--------------------------------------------------------------f. BSP/GSP------------------------------------------------------------g. BSP/GSP Registration Fee---------------------------------------h. Supreme Student Government-----------------------------------i. Step Skills Computer----------------------------------------------j. Grass Cutting--------------------------------------------------------h. Computer Class [ ssc only] ---------------------------------------k. Home Room PTA -------------------------------------------------Sub Total:

Amount 30.00 Pesos 75.00 Pesos 35.00 Pesos 35.00 Pesos 5.00 Pesos 20.00 Pesos 50.00 Pesos 50.00 Pesos 25.00 Pesos 10.00 Pesos 450.00 Pesos 230.00 Pesos ___________ 1015.00 Pesos

Grand Total: 1490.00 Pesos

2. That before the Alabat Island National High School Administrator give an examination

permit, the student, including my child, should pay all the exorbitant amount enumerated above as MANDATORY PAYMENTS. Non payment of such enumerated therein shall be the BASIS FOR NOT GIVING the periodical examination and nonissuance of clearance. UNLESS, the student submitted a promissory note to pay such fees therein. Non-submission of promissory note shall likewise not allow taking the examination. Furthermore, if the student unable to comply for what he/she had promise to pay until the end of the school year, it shall be the basis for non- issuance of Progress report card, clearance for the students and sometimes, non admission and promotion of the child. 3. The moment I learned the things happened to my child, I immediately proceed to the principals office to clarify such things regarding to what was happen, but the principal, Mrs. FELIZA B. QUEVADA contends that mandating the students to pay such contributions mandatorily are orders from the Department of Education which gave them authority to do so. 4. That on the following days of classes, my child, RENATO C. TAC-AN JR was oppressed and humiliated by his class adviser Mrs. ROSITA CAGUICLA using foul words due to the reason of not paying such fees enumerated above which resulted to my child in the condition of being traumatized and having a hard time for me to send my child in school. 5. That my child, RENATO B. TAC-AN JR. was taken the examination not on the prescribed schedule of examination but only after the respondents learned that I had filed a complaint in the office of the Division Superintendent of Quezon. In view of this, I have seen that the acts and omission of these persons I complained for violated the DepEd Order No. 41 S 2011 and DepEd Order no. 54 s. 2009. I. In paragraph 1 of my complaint, Mrs. ROSITA CAGUICLA as a teacher and Mrs. FELIZA B. QUEVADA as a principal violated DepEd Order No. 54 Art. IX no.1 Paragraph (a) and Deped Order 41 s. 2011 [no.2 paragraph (b)(c-ii)] DepEd Order No. 54 Art. IX no.1 Paragraph (a) read as follow; IX. Prohibited Activities and Sanctions 1. PTAs are prohibited from: a. Interfering in the academic and administrative management and operations of the school, and of the DepEd, in general; Periodical Examination is a part of Academic matters, which, my child is restrained/prevented from taking so due to non-payment of PTA and other fees which they mandatorily required to pay thereto. That instead of preventing the interference of the PTA in the Academic operation of the Alabat Island National High School, these respondents is then personally administered these non- compliance of administrative orders.

Deped Order 41 s. 2011 [no.2 paragraph (b)(c-ii)] read as follow;

2. Accordingly, the implementing policies on the collection of voluntary school contributions(VSCs) shall be strictly observed. b. No fees shall be collected from Grade 5 pupils to Fourth Year high school students from June to July 2011. However, starting August 2011 until the end of this SY, the contributions shown in the table

below may be collected only on a voluntary basis.

Membership Fee

Amount

Reference DM No. 513, s. 2009 DM No. 235, s. 2009 DO No. 31, s. 2001 DO No. 54, s.2009 DO No. 19, s. 2008

Boy Scouts of the Philippines PhP 50.00 per learner (BSP) Girl Scouts Of the Philippines PhP 50.00 per learner (GSP) Anti-TB Fund Drive PhP 5.00 per learner Parents-Teachers Associations To be determined by the (PTAs) Board of Directors School Publication PhP 60.00 for every elementary pupil PhP 90.00 for every high school student existing school

Membership in pupil/student Based on organization. policies

DO No. 48, s. 2009

Respondents Teacher and Principal collected such fees enumerated in 1st paragraph of my complaint which are not allowed even in voluntary basis. The table above listed and enumerated all fees which may be collected only in voluntary basis, thus, fees and dues which the school are mandating to pay are not included in the enumeration and therefore not allowed to be collected even in the spirit of voluntarism and how much more as a mandatory payments.

c.

The Parents-Teachers Association (PTA) may collect contributions starting August only after presenting to their members and to the school head/principal a report on the Utilization of the Previous School Years Collections and the SY 2001-2012 Proposed Budget with Program Activities taking into account the following:

1. The PTAs are enjoined to refrain from setting exorbitant amounts for voluntary school contributions. In consideration of many expenses that parents incur in sending their children to school, PTAs are encouraged to minimize the amounts of contributions for graduation ceremonies and extracurricular activities as well as minimize requests in kind contributions. The amount mandated by the Alabat Island National High School Administrator to pay for are considered as exorbitant amount. It is well known to the parents like me that the intentions and purposes of this several DepEd Orders are to eliminate obstacles in sending their Childs in schools due to financial hardships. II. In tha 2nd paragraph of my complaint, the respondents violated the no.2 paragraph (h)(i) of the DepEd Order no.41 s. 2011. no.2 paragraph (h)(i)of the DepEd Order no.41 s. 2011. reads as follow: h. It is stressed that in no case shall non-payment of voluntary school contributions be made as basis for non-admission, non-promotion or non-issuance of clearance to a student by the school concerned.

i. Non-compliance of the provisions on the collection of voluntary school Contributions shall be a ground for cancellation of the PTAs recognition and/or filing of appropriate charges as the case may be. Respondent teachers are used this voluntary contributions as a basis for non-issuance of clearance of students which resulted for non-issuance of progress report card. In purview of my complaint revealed that the respondents do not comply from the above cited provisions, for the PTA in Alabat Island National High School are still recognized and not yet cancelled. III. In the 4th paragraph of my complaint, the acts committed by the respondent teacher Mrs. ROSITA CAGUICLA constitute oppression which is a ground for disciplinary actions against her. Under the DepEd Order No. 49 s. 2006 or the Revised Rules Of Procedure of the Department of Education in Administrative Case Section 2 paragraph 2 which read: Section 2. Grounds for Disciplinary Actions- An administrative complaint may be filed for any of the grounds for disciplinary actions: 1.xxx 2. Oppression 3.xxx

Classified as a GRAVE OFFENSE with the corresponding penalty under section 58 paragraph (n) on the same rules of procedure which read as follow: Section 58. Classification of Offenses- Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service. The following are grave offenses with their corresponding penalties. xxx n. Oppression : 1st offense- Suspension(6 mos. 1 day to 1 nd year); 2 offense- Dismissal.xxx

IV. That these acts and violations of the teacher and principal complained for are very rampant practice here in Alabat Island National High School.

V. As a whole, these acts of the person complained for under Revised Rules Of Procedure of the Department of Education in Administrative Case constitute Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children. Under Section 2. no. 11. Section 2. no. 11 read as follows: Section 2. Grounds for Disciplinary Actionsadministrative complaint may be filed for any of the grounds for disciplinary actions: An

xxx 11. Improper or unauthorized solicitation of contributions from subordinate employees and by teachers or school officials from school children. xxx

With the corresponding penalty under Section 58. paragraph (ii) which read as follow:

Section 58. Classification of Offenses- Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service. The following are Light Offenses with corresponding penalties. ii. 1st offense- Reprimand: 2nd Offense- Suspension for (1) to thirty (30) days: 3rd Offense- Dismissal

VI. I herein attest to the truthfulness of the foregoing facts. PRAYER

WHEREFORE, premises considered, it is most respectfully prayed that, a judgment be rendered: 1. Imposing disciplinary actions on the respondents

2.

Order the respondents to restrain from unauthorized collection of money.

3.

Moral and exemplary damages

Other reliefs, just and equitable, are likewise prayed for.

RENATO B. TAC-AN SR. Complainant

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING I, RENATO B. TAC-AN SR, of legal age, after having been duly sworn in accordance with law, depose and state that: 1. I am a plaintiff in the above-stated case; 2. I caused the preparation of the foregoing complaint; 3. I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession; 4. I have not commenced any other action or proceeding involving the same issues in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 5. To the best of my knowledge and belief, no such action or proceeding is pending in the Supreme Court, the Court of Appeals, or any other tribunal or agency; 6. If I should thereafter learn that a similar action or proceeding has been filed or is pending before the Supreme Court, the Court of Appeals, or any other tribunal or agency, I undertake to report that fact within five (5) days therefrom to this Honorable Court.

RENATO B. TAC-AN SR Affiant