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    Amended Irr of Ra 8190

    Uploaded by

    Norman Correa
    This document outlines the amended implementing rules and regulations for Republic Act No. 8190, which grants priority to residents of the local area for teaching positions in public schools. Key points include: defining terms like teacher, applicant, and resident; specifying the recruitment and selection process; establishing procedures for filing protests; and outlining sanctions for violations. The goal is to prioritize hiring qualified local residents as public school teachers while maintaining transparency and accountability.

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    Amended Irr of Ra 8190

    Uploaded by

    Norman Correa
    141 views6 pages
    This document outlines the amended implementing rules and regulations for Republic Act No. 8190, which grants priority to residents of the local area for teaching positions in public schools. Key points include: defining terms like teacher, applicant, and resident; specifying the recruitment and selection process; establishing procedures for filing protests; and outlining sanctions for violations. The goal is to prioritize hiring qualified local residents as public school teachers while maintaining transparency and accountability.

    Original Title

    AMENDED IRR OF RA 8190

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    This document outlines the amended implementing rules and regulations for Republic Act No. 8190, which grants priority to residents of the local area for teaching positions in public schools. Key points include: defining terms like teacher, applicant, and resident; specifying the recruitment and selection process; establishing procedures for filing protests; and outlining sanctions for violations. The goal is to prioritize hiring qualified local residents as public school teachers while maintaining transparency and accountability.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    141 views6 pages

    Amended Irr of Ra 8190

    Uploaded by

    Norman Correa
    This document outlines the amended implementing rules and regulations for Republic Act No. 8190, which grants priority to residents of the local area for teaching positions in public schools. Key points include: defining terms like teacher, applicant, and resident; specifying the recruitment and selection process; establishing procedures for filing protests; and outlining sanctions for violations. The goal is to prioritize hiring qualified local residents as public school teachers while maintaining transparency and accountability.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 6

    AMENDED IMPLEMENTING RULES AND

    REGULATIONS OF R.A. NO. 8190


    “An Act Granting Priority to Residents of the Barangay, Municipality, or City
    Where the School is Located, in the Appointment or Assignment of
    Classroom Public School Teachers”

    Pursuant to Section 3 of Republic Act No. 8190 otherwise known as “An Act
    Granting Priority To Resident? of the Barangay, Municipality or City Where The
    School Is Located, in the Appointment Or Assignment Of Classroom Public
    School Teachers“, the following amended rules and regulations are hereby
    prescribed:

    Section 1. Definition of Terms


    As used herein, the following terms shall be understood to mean:

    (a) Teacher refers to a person who meets the minimum requirements for the


    position as required by law and the standards set by the Department who
    does actual teaching in classrooms and other learning centers.

    (b) Applicant refers to a person who holds a valid certificate of


    registration/professional license as a teacher from the Professional Regulation
    Commission (PRC) seeking to be appointed to a Teacher I Position.

    (c) Qualified applicant refers to a person who meets the evaluation and


    selection criteria as prescribed by the Department of Education (DepEd), and who
    is in the registry of the Schools Division and is a bona fide resident.

    (d) Bona fide resident refers to a qualified applicant who is, prior to


    appointment, resident for a period of at least six (6) months of a particular
    barangay, municipality, city or province where the school is located, as evidenced
    by legal documents to be identified by the Department.
    (e) Secretary refers to the Department of Education Secretary

    (f) Regional Director refers to the Department of Education Regional Director

    (g) Protest refers to the administrative complaint filed by an aggrieved applicant


    (complainant) regarding an appointment or assignment to a Teacher I made by
    an appointing or assigning authority (respondent).

    (h) Appointment refers to the issuance of original appointment of teachers.

    (i) Assignment refers to the posting of a teacher in a public school or other


    learning center.

    (j) Registry refers to the official list of qualified applicants in the Schools Division.

    Section 2. Coverage
    These rules and regulations shall apply to appointment or assignment of teachers
    in all public schools and other learning centers under the Department of
    Education.

    Section 3. Filling Up of Vacant Positions


    In the appointment or assignment of teachers to public schools and other
    learning centers with vacant teaching positions, priority shall be given to bona-
    fide residents of the barangay, municipality, city or province where the school is
    located, in no particular order.

    Provided, that the teacher possesses all the qualifications for the position as
    required by law and DepEd Orders.

    Provided, further, that among the bona-fide residents of the barangay,


    municipality, city or province where the school or learning center is located, the
    most qualified shall be given priority.
    Section 4. Recruitment and Selection Process
    Upon approval of these rules and regulations, applicants who are interested in
    being appointed or assigned to public elementary or secondary schools and
    other learning centers located in the place where they are bona fide residents
    may send their written applications together with the necessary documents, to
    the school head concerned who shall verify and certify as to the correctness and
    authenticity of the documents submitted including the proof of place of
    residence. The school head in turn shall forward the applications to the Office of
    the schools division superintendent. The Division Office shall maintain a registry
    which shall be valid for a period of one (1) school year. The Superintendent shall
    appoint or assign a teacher.

    The Secretary of Education shall issue guidelines on the hiring of teachers that
    shall be consistent with RA 8190 and these implementing rules and regulations.

    Section 5. Protest Procedures for Violations of


    RA 8190
    Aggrieved applicants in the registry of the Schools Division may file a protest. The
    protest, which shall be subscribed and sworn to in the form of a letter-complaint
    in three (3) copies, shall be filed at the Regional Office within ninety (90) days
    from the issuance of the appointment.

    The Regional Director shall, within seventy-two (72) hours upon receipt of the
    protest, require the Schools Division Superintendent (SDS) to answer the
    allegations in the protest within fifteen (15) days, furnishing the protestant a copy
    thereof.

    The Regional Director’s decision may be appealed to the DepEd Secretary within
    fifteen (15) days upon receipt thereof. Any appeal on the decision of the
    Secretary shall be filed with the Civil Service Commission.
    A protest shall not render an appointment ineffective nor bar the approval
    thereof by the appointing authority, but the approval shall be subject to the final
    outcome of the protest.

    Section 6. Sanctions
    Any person found guilty of violating any of the provisions of RA 8190 and these
    implementing rules and regulations or any part hereof shall be charged
    administratively pursuant to RA 6713 otherwise known as the Code of Conduct
    and Ethical Standards for Public Officials and Employees and other relevant laws,
    rules and regulations. Administrative sanctions for any willful violations of RA
    8190 and its implementing rules and regulations shall be imposed as follows:

    (a) First violation – suspension of one month without pay

    (b) Second violation – suspension of two months without pay; and

    (c) Third violation and subsequent violation – suspension of six months without
    pay

    Section 7. Separability Clause


    Should any provision of this IRR be subsequently declared invalid or
    unconstitutional, the same shall not affect the validity and effectivity of the other
    provisions.

    Section 8. Repealing Clause


    Rules, regulations and issuances which are inconsistent with these rules are
    hereby repealed, rescinded or amended accordingly.

    Section 9. Effectivity
    These rules and regulations shall take effect fifteen (15) days after its publication
    in the Official Gazette or in at least one (1) newspaper of general circulation.

    Approved December 20, 2012

    REPUBLIC ACT NO. 8190


    AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY,
    MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE
    APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC
    SCHOOLTEACHERS.

    Section 1. In the appointment or assignment of teachers to public elementary or


    secondary schools, priority shall be given to bona fide residents of the barangay,
    municipality, city or province where the school is located: Provided, That the
    teacher possesses all the minimum qualifications for the position as required by
    law.

    Protests regarding the appointment or assignment of classroom public school


    teachers shall prescribe in three (3) months upon the issuance of such
    appointments or assignment.

    Sec. 2. In the exercise of its disciplinary authority, the Secretary of Education,
    Culture and Sports shall impose the following administrative sanctions for any
    willful violation of this Act: (1) first violation — suspension of one (1) month
    without pay; (2) second violation — suspension of two (2) months without pay;
    and (3) third violation and subsequent violations hereof — suspension of six (6)
    months without pay.

    Sec. 3. The Department of Education, Culture and Sports (DECS) shall prescribe
    the rules and regulations necessary to implement this Act. The DECS shall provide
    the senate and the House of Representatives a copy of the rules and regulations
    within ninety (90) days after approval of this Act.
    Sec. 4. All laws, decrees, executive orders, rules and regulations, or parts thereof
    inconsistent with this Act are hereby repealed or modified accordingly.

    Sec. 5. This Act shall take effect fifteen (15) days after its complete publication in
    the Official Gazette or in at least two (2) newspapers of general circulation.

    Approved: June 11, 1996

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