SDO San Juan City Spearheads Administrative Justice and RA 9184 and the Revised Implementing Rules a


Being cognizant with the commitment of the Government of the Philippines and adherence to the Department of Education’s thrust of transparent, ethical and accountable governance, the Schools Division Office (SDO) organized a Division Seminar-Workshop on Administrative Matters and Government Procurement Law (RA9184) and Revised Implementing Rules and Regulations (IRR). The Seminar-Workshop aims to provide the Division and School HOPEs and BAC members’ latest information on the modernization, standardization and regulation of the procurement activities of the Government and of other purposes and to disseminate legal matters pertaining to a Transparent, Ethical, and Accountable governance.

Two speakers were invited to spearhead the salient points on administrative Justice/Law and procurement law. This was held on July 7, 2016 from 8:00 AM to 5:00 PM at the SDO Conference Hall which was participated and attended by the OIC Superintendent, School Heads, Master Teachers, Disbursing Officer/ School Custodian, Department Head in case of the Secondary level, Education Program Supervisors, SGOD Staff, Division BAC Secretariat and members, Cashier, Accountant, Unit Heads and other SDO Personnel.

The OIC Superintendent, Dr. Joel T. Torrecampo, gave the program rationale to the participants. He pointed out that the said Seminar-Workshop will serve as a torch of every school personnel for it will be a guiding light for everyone to be able to govern each school transparently, ethically, and accountably.

Legal Officer IV, DepEd NCR Atty. Ariz Delson Acay D. Cawilan facilitated the first topic on Administrative Justice/Law. He directed the participants that complaints indicate:

  • That people trust the administration

  • That it’s time for a change That the people are aware of their rights and privileges

  • That people respect, the legal processes/ rules and regulations

  • That one has to be open minded and ready to listen

  • That leadership promotes transparent, ethical, and accountable governance

  • That one is ready to protect its people

He also stressed among the participants that based on his current position as a Legal Officer of DepEd NCR the following are the common complaints his office receives:

Dishonesty-deceitfulness

  • Stealing government property

  • Cheating in Principal’s test

  • Fraudulent reimbursement (RER issue)

  • False information on application for promotion

  • Certificate of completion of unfinished contract

  • False entry on PDS

Neglect of duty

  • Death or injury suffered by pupil

  • Loss or destruction of government property

  • Non Preparation of LP/lesson log

  • Unjustifiable delay

Willful refusal to pay just debts

  • Adjucated by a court

  • Admitted by debtor

Disgraceful and immoral conduct

Discourtesy

Insubordination

Gross misconduct

Sexual harassment

Child abuse

School Canteen Mismanagement

Illegal collection

Upon presenting all these common complaints received by his office, he urged everyone present to observe and promote good working environment through:

  1. Strengthen the grievance machinery

  2. Observe TEA governance

  3. Adopt reason over passion

  4. Respect the rule of law

Moreover, Atty. Cawilan reiterated the following tips to avoid being complained:

  1. Observe laws and regulations- “ Dura Led Sed Lex”

  2. Always remind oneself that “we are here to serve and not to be served”

  3. Respect begets respect, it is not demanded it is earned.

In the afternoon, School Governance and Operations Division Chief, Mr. Virgilio A. Santos facilitated the Integration of learning on the legal matters that were discussed by Atty. Cawilan as follow:

  1. Imposing a year end clearance /permit system for the pupils/students to pay.

  2. Forcing the pupils to buy on trays for the teacher to be able to consume what was given by the canteen.

  3. Forcing any company or products to the students to patronize.

  4. Collecting any PTA fees even it was imposed by the PTA organization. Let the PTA do their thing of collecting fees.

  5. Requiring all the students to join educational field trip.

  6. Allowing school personnel to settle child abuse case.

  7. Heavy financial interest when purchasing an item.

The SGOD Chief also stressed that the following are highly discouraged:

  1. Requiring teachers in the conduct of trainings during Saturdays, Sundays and Holidays.

  2. Organizing seminar or SLAC sessions that require registration fees.

  3. Organizing extravagant trainings and parties.

The discussion on Procurement Law (RA 9184) and Revised Implementing Rules and Regulations (IRR) followed through Mr. Adonis Barraquias, Chief Administrative Officer Contract Management Division DepEd- Central Office. He shared his expertise on procurement of goods and services. According to him, it is very important to follow the principles as stipulated under section 3 of Article 1 on the General provisions of Republic Act 9184 such as:

  1. Transparency in the procurement process and in the implementation of procurement contracts.

  2. Competitiveness by extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding.

  3. Streamlined procurement process that will uniformly apply to all government procurement. The procurement process shall be simple and made adaptable to advances in modern technology in order to ensure an effective and efficient method.

  4. System of accountability where both the public officials directly or indirectly involved in the procurement process as well as in the implementation of procurement contracts and the private parties that deal with government are, when warranted by circumstances, investigated and held liable for their actions relative thereto.

  5. Public monitoring of the procurement process and implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded pursuant to the provisions and its implementing rules and regulations and that all these contracts are performed strictly according to specifications.

He provided the group with templates, forms and manuals for an easy access. He also encouraged the HOPEs to register and participate in the PhilGEPS Training.

The day ended with the enlightenment of the participants as to the correctness of their actions towards their colleagues in the school as well as their dealings with the learners for them to avoid legal matters. Also, they were properly guided on the steps they will undertake in the procurement of goods and supplies for them to be able to reach out the needs of the learners, teachers and the school as a whole.

Article written by:

Joseph E. Villegas (Education Program Specialist II - SGOD)

#RA9184

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