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)

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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 (2 nd 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;

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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;

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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.

1V. 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

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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: palawan@deped.gov.ph

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.

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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
SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
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.

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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. 2006 2 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

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph
 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

SDO-LU
PEO Road, Barangay Bancao-Bancao, Puerto Princesa City
Tel. # (048) 433-6392 Fax # No. (048) 433-9935
Email add: palawan@deped.gov.ph