Republic of the Philippines - DepEd Palawan

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PEO Road, Barangay Bancao-Bancao, Puerto Princesa City Tel. # (048) 433-6392 Fax # No. (048) 433-9935 Email add: [email protected]

Republic of the Philippines

Department of Education

Region IV-B MIMAROPA

DIVISION OF PALAWAN

DIVISION MEMORANDUM

No. 073 , s. 2020

TO : Assistant Schools Division Superintendents

Chiefs, Education Supervisors

Education Program Supervisors/Coordinators

Public Schools District Supervisors

School Heads

All teaching and Non-Teaching Personnel

FROM : NATIVIDAD P. BAYUBAY, CESO VI Schools Division Superintendent

Office of the Schools Division Superintendent

SUBJECT : Establishment of Division Mediation Unit and Guidelines for the

Division Alternative Dispute Resolution (ADR) System

DATE : March 26, 2020

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1. Pursuant to DepEd Order No. 15, s. 2012, and, in compliance with Executive Order No.

523 dated April 7, 2006, which instituted the use of “Alternative Dispute Resolution (ADR) Act

of 2004,”, the Department of Education (DepEd), Division of Palawan (Division) shall promote

the use of alternative resolution (ADR) for a speedy resolution of disputes in the Division. To this

end, the Division recognizes the importance of resolving disputes through the use of alternative

dispute resolution processes, particularly mediation-conciliation.

2. To implement this program, a Mediation Unit is hereby established in compliance with

Section 6, DepEd Order No. 15, s. 2012, to be constituted by the following:

1. Chair – Schools Division Superintendent (Natividad P. Bayubay, CESO VI).

2. Co-Chairs – Assistant Schools Division Superintendents (ASDS Loida P. Olavario,

Ph.D. & OIC-ASDS Felix Famaran)

3. Member - Administrative Officer (Isabelita Sampayan, Administrative Officer V)

4. Member – Legal Officer (Atty. Ryan Acosta, Attorney III)

mailto:[email protected]

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5. Secretariat – Legal Assistant (Colyne Usodan)

The Mediation Unit shall manage disputes at their respective levels, which includes

monitoring and evaluation of the implementation of the mediation program and the performance

of the mediators. The Unit shall maintain a roster of trained mediators (2nd par. Of Sec. 6, D.O.

No. 15, s. 2012).

In the absence of the Chairman, any of the Vice-chairpersons may preside over the

Mediation Unit. Majority of all the members shall constitute a quorum for the Mediation Unit to

conduct business.

3. Pursuant to DepEd Order No. 15, s. 2012, below are the Roster of Mediators in the Division:

1. Eddie Eleazar (PSDS Araceli).

2. Joselito Balmonte (PSDS Agutaya).

3. Federico Gacasa, Jr. (PSDS Quezon South).

4. Nelson Mediadero, Jr. (PSDS Aborlan South).

Additional list of mediators shall be furnished from time to time whenever Division employees

were able to complete the required training and internship on mediation by the Conflict Resolution

(CoRe) Group.

4. Complaints/Disputes Subject to Mediation. Not all complaints/disputes are subject to the

DepEd’s Alternative Dispute Resolution mechanism. Only the following can undergo the

mediation/ADR process:

1. Complaints/Grievances/Disputes concerning acts or omissions alleged to be unreasonable,

unfair, oppressive, discriminatory, illegal, unjust, improper or inefficient involving DepED

officials and employees and those under the Department's jurisdiction which maybe the

subject of mediation and which fall under light offenses where the corresponding

penalty is reprimand pursuant to Section 58 of DepEd Order No. 49, s. 2006, otherwise

known as the Revised Rules of Procedure of the Department of Education in

Administrative Cases, such as:

a. Discourtesy in the course of official duties;

b. Improper or unauthorized solicitation of contributions from

subordinate employees and by teachers or school officials from schoolchildren;

c. Violation of reasonable office rules and regulations;

c. Frequent unauthorized tardiness (habitual tardiness):

d. Gambling prohibited by law;

e. Refusal to render overtime service;


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f. Disgraceful, immoral or dishonest conduct prior to entering the service;

g. Borrowing money by superior officers from subordinate employees;

h. Lending money at usurious rates of interest;

i. Willful failure to pay just debts or willful failure to pay taxes due to

the government;

k. Lobbying for personal interest or gain in legislative halls and offices

without authority;

l. Promoting the sale of tickets in behalf of private enterprises that are intended for

charitable or public welfare purposes and even in the latter cases, if there is no prior

authority;

m. Failure to act promptly on letters and requests within fifteen (15) days from

receipt, except as otherwise provided in the rules implementing the Code of

Conduct and Ethical Standards for Public Officials and Employees;

n. Failure to process documents and complete action on documents and papers

within a reasonable period of time from preparation thereof, except as otherwise

provided in the rules implementing the Code of Conduct and Ethical Standards for

Public Officials and Employees;

O. Failure to attend to anyone who wants to avail himself of the services of the

office, or act promptly and expeditiously on public transactions;

p. Engaging in the private practice of his profession unless authorized by the

Constitution, law or regulation, provided that such practice will not conflict with

his official functions; and

q. Pursuit of private business, vocation or profession without the permission

required by Civil Service rules and regulations.

2. Other similar offenses which parties agreed to settle through mediation, except those that which cannot be subject to mediation, such as but not limited to

the following:

a. Sexual harassment cases as provided for in Republic Act No. 7877;

b. Child abuse cases as provided for in Republic Act No. 7610;

c. Cases involving Violence Against Women and Children as provided for in

Republic Act No. 9262;


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d. Disciplinary cases not provided under No. 1 above which shall be resolved pursuant to DepEd Order No. 49, s. 2006;

e. Issues and problems related to the Performance Evaluation System which shall be handled by the Performance Evaluation Review Committee (PERC);

f. Motu propio cases; and

g. Anonymous complaints.

Grievances under DepED ORDER No. 35, S. 2004 or the Department’s Grievance

Machinery1 shall not be subject to the Division ADR system herein established.

5. Procedure before the Division Mediation Unit. Mediation before the Division

Mediation Unit shall be based on the guiding principle of providing a fast, fair, and non-adversarial

process for managing disputes, which includes managing disputes at the lowest possible level.

Below is the procedure to be observed in handling issues that can be subjected to mediation:

1. Submission of Complaint; Form of Complaint; Where to Submit. The

complaint/grievance/or request for assistance may be submitted in any form (oral,

written or via electronic means, such as text or email), provided that the complainant

should indicate his/her complete address and contact number as well as those of the

person(s) complained of. The Division Mediation Unit shall not entertain

Anonymous Complaints.

1 V. Application of Grievance Machinery - a grievance refers to a work-related issue that causes

employee dissatisfaction or discontentment. The following instances shall be acted upon through the grievance

machinery:

a. Non-implementation of policies, practices and procedures on economic and financial issues and other

terms and conditions of employment fixed by law including salaries, incentives, working hours, leave

benefits such as delay in the processing of overtime pay, unreasonable withholding of salaries and inaction on application for leave;

b. Non-implementation of policies, practices and procedures which affect employees from recruitment to

promotion, detail, transfer, retirement, termination, lay-offs, and other related issues that affect them such as failure to observe selection process in appointment and undue delay in the processing of retirement

papers;

c. Inadequate physical working conditions such as lack of proper ventilation in the workplace, and insufficient facilities and equipment necessary for the safety and protection of employees whose nature

and place of work are classified as high risk or hazardous;

d. A Poor interpersonal relationships and linkages;

e. Protest on appointments; and

f. All other matters giving rise to employee dissatisfaction and discontentment outside of those cases

enumerated above


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Complaints/grievances/or requests for assistance may be submitted to the Head of

Office where the person complained of is employed, to wit:

a. School Head – for complaints against teaching personnel and non-teaching

personnel in schools.

b. Public School District Supervisor (PSDS)– for complaints against School Heads

in schools within the jurisdiction of the PSDS concerned.

c. Schools Division Superintendent – for complaints against a PSDS or Division

personnel.

2. Forwarding the Complaint to the Division Mediation Unit. All

complaints/grievances/or requests for assistance submitted to the above heads of offices

shall then be forwarded to the Division Mediation Unit.

To aid the Division Mediation Unit in performing its function of receiving complaints,

School Heads and Public School District Supervisors are hereby enjoined to immediately

forward copies of the complaints against their subordinates through the following channels:

a. Mail:

Division Mediation Unit

C/O Legal Unit

DepEd Division of Palawan

PEO Compound,

Brgy.Bancao-Bancao

Puerto Princesa City

b. E-mail: [email protected]

c. Facebook: DepEd Tayo – Palawan / DepEd Palawan

3. Evaluation of the Division Mediation Unit. Upon receipt of the

complaint/grievance/or request, the Division Mediation Unit shall evaluate the complaint

and determine the following:

a. Whether or not it the complaint/grievance/or request for assistance can be

subject to mediation as per Section 4 of DepEd Order No. 15, s. 2012.

b. Whether or not it is practical for the disputants to attend the mediation

proceedings.

c. Whether or not there is a need for emergency relief which makes referral to

mediation impracticable.


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In case the act or omission complained of is not an offense subject to mediation,

the complainant shall be notified of the reason(s) for the same and the appropriate action

he/she should take to seek redress.

4. If Mediation is Proper; Notification to the Parties & Selection of Mediator;

Acceptance / Non-acceptance of Mediator. In the event that the Division Mediation Unit

deems it proper to subject the complaint/grievance/or request for assistance to mediation,

the same shall be docketed with a specific reference code number.

The Division Mediation Unit shall notify the Complainant and the Person

Complained of the same and provide them with the Roster of Mediators from which they

shall select their choices. If the parties cannot agree on one common choice of Mediator,

the Division Mediation Unit shall make the selection by raffle.

The chosen Mediator shall also be notified that he/she was selected to mediate the

issue. The Mediator shall then convey his acceptance to the Division Mediation Unit within

five (5) days from receipt of the notice. The Mediator may refuse acceptance due to a

justifiable ground, which refusal he shall also convey to the Division Mediation Unit within

the same period as above. The Mediation Unit shall then select by raffle another Mediator

who shall be notified of his selection.

Notification to the Complainant and Person Complained of may be sent in writing,

text, email or whatever means deemed expedient by the Division Mediation Unit. The

acceptance of the Mediator, however, should be in writing, and duly signed by the

Mediator, and may be hand-carried to the Division Mediation Unit or sent via mail. The

scanned copy or picture of the written acceptance may also be sent to the Division Unit

through electronic means (email or Facebook).

5. Refusal of the Disputants to Undergo Mediation. The Complainant and/or the

Person Complained of may decline participation in the Mediation Proceedings due to any

justifiable reasons, including:

i. Distance of the residence of the complainant and/or the person complained of to

the venue of mediation proceedings;

ii. Unavailability of the person complained of due to work-related or personal issue;

iii. Financial constraints on the part of the complainant and/or person complained

of; or

iv. Other factors analogous to the above.

6. Initial Conference / Failure to Attend; Commencement of Mediation; Venue of

Mediation.

After the Division Mediation Unit will receive the acceptance of the Mediator, the parties

concerned shall be notified of the said acceptance and the initial conference with the Mediator


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shall be conducted within fifteen (15) calendar days from the date of acceptance by the selected

mediator. The initial conference and subsequent conferences shall be presided by the Mediator.

The venue of the initial conference and subsequent conferences shall be at the DepEd

Division of Palawan at PEO Compound, Brgy.Bancao-Bancao, Puerto Princesa City.

The disputants may agree on the schedule of the subsequent conferences, if needed. During

the initial conference, the disputants shall sign an agreement to mediate and agree to abide by the

DepEd ADR policy guidelines.

The mediator will not start with the mediation process unless such an agreement is

executed.

However, if any of the disputants fail to appear during the initial conference despite due

notice, the mediator shall schedule another conference. Failure of one of the disputants to attend

two (2) sessions without prior notice and/or justifiable cause shall warrant the termination of the

mediation and the case shall be referred to the proper office for appropriate action or disposition.

(Section 7 (3) of DepEd Order No. 15, s. 2012)

7. Period for Settlement of/Extension. If no settlement agreement is reached within thirty

(30) calendar days from the date of the initial conference, the mediator may close and terminate

the mediation proceedings, unless there is a written request from all disputants to extend the

process. In no case shall the extension exceed thirty (30) days. If no settlement is reached, the case

will be returned to the Mediation Unit for appropriate action. (Section 7 (4) of DepEd Order No.

15, s. 2012)

8. Termination of Mediation Proceedings. The mediation proceedings can be terminated

due to the following:

1. Withdrawal of Parties. Any of the parties may withdraw in writing from the

mediation at any time during the mediation process.

2. Grounds for Termination. The process shall be terminated when:

a. A party withdraws from the mediation process;

b. A written settlement agreement is executed and duly signed by the parties;

c. No settlement agreement is reached; and

d. There are circumstances which exist as described in sub-paragraphs c and

d of Section 10.4 of DepEd Order No. 15, s. 2012.

3. Motions for Re-Opening. As a rule, only one motion or request from both parties

for the re-opening of mediation proceedings shall be entertained subject to the approval of

the Mediation Unit.


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9. Execution and Enforcement of Settlement Agreement. When the disputants reach a

settlement, an agreement shall be prepared and signed by the disputants with the assistance of their

respective counsels, if there are any, and by the mediator.

The disputants and their respective counsels shall endeavor to make the terms and

conditions of the settlement agreement complete and shall stipulate adequate provisions for the

contingency of breach and the possibility of conflicting interpretations of its provisions.

10. Failure to Settle; Action of the Mediator; Action of the Division Mediation Unit.

Within thirty (30) calendar days from the date of the initial conference, the Mediator may

close and terminate the mediation proceedings if the disputants have not agreed on a settlement.

The Mediator may also immediately terminate the mediation during the initial conference if any

of the disputants withdraws from the proceedings or refuses to enter into a settlement.

In case of failure of the parties to settle their disputes, the Mediator shall notify the Division

Mediation Unit for determination of the proper action to address the dispute, which may involve

indorsement to the Schools Division Superintendent or the Regional Director, as the case may be.

Before indorsing the dispute to the Division Mediation Unit, the Mediator should advise

the Complainant to prepare a written Complaint in accordance with the requirements in filing an

administrative case under Sections 4 and 5 of DepEd Order No. 49, s. 20062 so that the said

Complaint may be forwarded to the Division Mediation Unit immediately in the indorsement by

the Mediator.

6. Confidentiality of Proceedings.

a. All mediation proceedings shall be kept strictly confidential. No transcript or any

audio visual recording shall be taken during the mediation process.

2 Section 4. Form of Complaint – A complaint shall be under oath and shall be written in a clear,

simple, and concise language so as to inform the person complained of, about the nature and cause of

accusation against him to enable him to intelligently prepare his defense or answer.

Section 5. Content of Complaint – A complaint shall contain the following:

a. Full name and address of the complainant;

b. Full name and address of the person complained as well as his position and office in the

Department of Education;

c. A narration of the relevant and material facts which should show the acts or omissions as

allegedly committed by the person;

d. Certified true copies of documentary evidence and affidavits of his witnesses if any; and

e. Certification or statement on non-forum shopping


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b. All notes and admissions of the parties involved in the dispute shall not be

admitted in any judicial or quasi-judicial proceedings.

c. The mediator may take down personal notes which shall not form part of the

records of the mediation process. These personal notes shall be destroyed immediately

upon termination of the mediation process. (Section 10 of DepEd Order No. 15, s. 2012).

For your reference, strict compliance, and immediate dissemination.

“It is easier to build strong children than to repair broken men”

- Frederick Douglass


Republic of the Philippines Department of Education Region IV-B MIMAROPA DIVISION OF PALAWAN

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FORWARDING THE COMPLAINT TO THE

DIVISION MEDIATION UNIT

IF MEDIATION IS NOT PROPER

Division Alternative Dispute Resolution (ADR) System : ADR FLOW CHART

COMPLAINTS/GRIEVANCES/DISPUTES WHICH MAYBE THE SUBJECT OF MEDIATION

AND WHICH FALL UNDER LIGHT OFFENSES WHERE THE CORRESPONDING

PENALTY IS REPRIMAND PURSUANT TO SECTION 58 OF DEPED ORDER NO. 49, S.

2006

FILLING OF THE COMPLAINT TO THE HEAD OF OFFICE

WHERE THE PERSON COMPLAINED OF IS EMPLOYED

IF MEDIATION IS PROPER EVALUATION OF THE DIVISION MEDIATION UNIT

THE COMPLAINANT SHALL BE NOTIFIED OF THE

REASON(S) FOR THE SAME AND THE APPROPRIATE

ACTION HE/SHE SHOULD TAKE TO SEEK REDRESS

COMPLAINT / GRIEVANCE / ORREQUEST FOR

ASSISTANCE TO MEDIATION SAME SHALL BE DOCKETED

WITH A SPECIFIC REFERENCE CODE NUMBER

SHOULD THE MEDIATOR ACCEPTED

THE SELECTION, THE PARTIES

CONCERNED SHALL BE NOTIFIED

INITIAL CONFERENCE

NOTIFICATION TO THE SELECTED MEDIATOR AND

ACCEPTANCE OF THE LATTER

SHOULD THE MEDIATOR REFUSED TO

ACCEPT DUE TO A JUSTIFIABLE GROUND,

SUCH REFUSAL WAS CONVEYED TO THE

DIVISION MEDIATION UNIT WITHIN THE

SAME PRESCRIBED PERIOD. THE

MEDIATION UNIT SHALL THEN SELECT BY

RAFFLE ANOTHER MEDIATOR WHO

SHALL BE NOTIFIED OF HIS SELECTION

NOTIFICATION TO THE PARTIES. PARTIES WILL BE

PROVIDED WITH THE ROSTER OF MEDIATORS

FROM WHICH THEY SHALL SELECT THEIR CHOICES

THE COMPLAINANT AND/OR THE

PERSON COMPLAINED OF MAY

DECLINE PARTICIPATION IN THE

MEDIATION PROCEEDINGS DUE

TO ANY JUSTIFIABLE REASONS

SIGNING OF AN AGREEMENT TO MEDIATE AND TO

AGREE TO ABIDE BY THE DEPED ADR POLICY GUIDELINES

SETTLEMENT

PROCEEDINGS

TERMINATION OF MEDIATION

PROCEEDINGS

IF PARTIES ARRIVED TO A

SETTLEMENT AGREEMENT,

EXECUTION AND ENFORCEMENT OF

SETTLEMENT AGREEMENT

IF THERE IS FAILURE IN THE SETTLEMENT, THE DISPUTE IN WRITING WILL

BE INDORSED TO THE DIVISION MEDIATION UNIT FOR THE

DETERMINATION OF THE PROPER ACTION TO ADDRESS THE DISPUTE


Republic of the Philippines - DepEd Palawan

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