# How to File an Administrative Complaint in DepEd

File a sworn complaint with the Regional Director (teachers, principals) or the superintendent (non-teaching staff): contents, anonymous complaints, withdrawal.

This is the Markdown copy of [How to File an Administrative Complaint in DepEd](https://nash.com.ph/blog/deped-administrative-complaint-filing), an article on the NASH Reviewer Blog by Mark Anthony Llego, published Oct 31, 2026, updated Nov 4, 2026. Topics: School leadership, Aspiring school heads. NASH Reviewer is an independent practice platform not affiliated with DepEd, BHROD, or NEAP.

To file an administrative complaint against a DepEd public school teacher or principal, put it in writing, swear to it, and file it with the Regional Director of the region where the teacher works. A complaint against non-teaching personnel in a division goes to the Schools Division Superintendent ([DepEd Order No. 49, s. 2006](https://www.deped.gov.ph/2006/12/12/do-49-s-2006-revised-rules-of-procedure-of-the-department-of-education-in-administrative-cases-amended-by/), Secs. 4 and 6). The complaint must name both parties, narrate the facts, attach the evidence and carry a certification on non-forum shopping (DO 49, Sec. 5; [2025 Rules on Administrative Cases in the Civil Service](https://csc.gov.ph/phocadownload/userupload/paio/2025_ORAOHRA_AND_RACCS/2025_RACCS_19_September.pdf), Sec. 11). A school head who receives a complaint against a teacher forwards it and does not decide it, because DO 49 does not make school heads disciplining authorities (Sec. 1).

Two texts govern filing as of October 31, 2026: DO 49, s. 2006, DepEd's rules of procedure, and the 2025 RACCS, CSC Resolution No. 2500357, in force since August 4, 2025. DepEd's 2026 orders still cite both; DO 007, s. 2026 (the media management guidelines) says both "also apply" to cases involving the use of social media.

This post covers the complaint itself. Who decides the case is explained in [Who Disciplines DepEd Teachers and School Heads?](https://nash.com.ph/blog/deped-disciplining-authority-teachers-school-heads), and what happens after filing in [DepEd Preliminary Investigation, Formal Charge and Answer](https://nash.com.ph/blog/deped-preliminary-investigation-formal-charge).

## Key findings

- **A complaint must be written, sworn and complete.** DO 49 requires one "under oath" (Sec. 4), and the 2025 RACCS gives none due course unless "subscribed and sworn to by the complainant" (Sec. 11). Both list the same five contents (DO 49, Sec. 5; 2025 RACCS, Sec. 11); under the RACCS, a missing item means dismissal "without prejudice to its refiling upon compliance".
- **The Regional Director receives complaints against teachers, and a school head is a teacher** (DO 49, Sec. 6; RA 4670, Sec. 2). The school head decides none, but complaints of harm to a learner, or of gender-based sexual harassment, may be made at the school and are forwarded within 48 hours (DO 40, s. 2012, Sec. 16(A); RA 11313 IRR, Sec. 25(1)(a)).
- **Anonymous complaints face two tests:** adoption by the disciplining authority (DO 49, Sec. 8(d)), and acts that are of public knowledge, verifiable, or shown by evidence sufficient to establish reasonable ground to believe the person committed the offense (2025 RACCS, Sec. 12). DepEd's 2026 orders treat both as in force, and no rule or decision says which prevails.
- **Withdrawal does not end the case** (DO 49, Sec. 7; 2025 RACCS, Sec. 14). In *Office of the Ombudsman v. Medrano* (2008), the Supreme Court said an affidavit of desistance is "viewed with suspicion and reservation".
- **The CSC and the Ombudsman also take complaints** (2025 RACCS, Sec. 13; A.O. No. 1, s. 2026, Rule I, Sec. 3). Filing the same complaint in two places risks dismissal for forum shopping (2025 RACCS, Sec. 11).

## Short answer: the steps to file a complaint against a teacher or principal

| Step | What to do | Rule |
|---|---|---|
| 1 | Check that you are charging an offense, not raising a grievance (see "Complaints that belong somewhere else") | DO 49, Sec. 2, last paragraph; [DO 35, s. 2004](https://www.deped.gov.ph/2004/06/03/do-35-s-2004-revision-of-the-grievance-machineries-of-the-department-of-education/), Part V |
| 2 | Identify the person complained of, with position and office, and the office that receives the complaint | DO 49, Secs. 5(b) and 6 |
| 3 | Write the complaint in clear, simple language, with the facts in date order | DO 49, Secs. 4–5; 2025 RACCS, Sec. 11 |
| 4 | Attach certified true copies of your documents and the sworn statements (affidavits) of your witnesses, if any | DO 49, Sec. 5(d); 2025 RACCS, Sec. 11(d) |
| 5 | Add a certification or statement on non-forum shopping | DO 49, Sec. 5(e); 2025 RACCS, Sec. 11(e) |
| 6 | Sign the complaint and swear to it | DO 49, Sec. 4; 2025 RACCS, Sec. 11 |
| 7 | File it with the Regional Director (teachers and school heads) or the superintendent (non-teaching personnel), and keep a received copy. Complaints of harm to a learner, or of gender-based sexual harassment, may also be made at the school | DO 49, Sec. 6 (no rule requires the received copy); DO 40, s. 2012, Sec. 16; RA 11313 IRR, Sec. 25(1) |
| 8 | The disciplining authority either dismisses it or orders an investigation | DO 49, Sec. 8; 2025 RACCS, Sec. 15 |

Neither DO 49 nor the RACCS sets a filing deadline: complaints "may be filed at any time" (DO 49, Sec. 6) or "anytime", "except when otherwise provided by law" (RACCS, Sec. 13). The sexual harassment laws set prescriptive periods for "any action arising from" a violation: three years under [RA 7877](https://lawphil.net/statutes/repacts/ra1995/ra_7877_1995.html) (Sec. 7); under [RA 11313](https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html), five years for workplace and school harassment, other periods for other offenses, and none for online harassment, which is imprescriptible (Sec. 36). Neither DO 49 nor the RACCS says how these periods apply to an administrative complaint; see [Sexual Harassment and Child Abuse Complaints in DepEd](https://nash.com.ph/blog/deped-sexual-harassment-child-abuse-complaints). The Ombudsman's one-year rule is below.

## Who may file a complaint, and where to file it

### Who may file

Almost anyone may file. DO 49 allows a "sworn written complaint of any other persons" (Sec. 3), and the RACCS a "written complaint of any other person" (Sec. 10); the Administrative Code requires such a complaint to be "sworn" ([EO 292](https://lawphil.net/executive/execord/eo1987/eo_292_1987.html), Book V, Sec. 48(1)). The complainant may be a parent, a learner, a co-teacher, a principal or a member of the public.

A sexual harassment complaint "may be initiated by the victim", or by the legal guardian of a minor or incapacitated victim (2025 RACCS, Sec. 19). The disciplining authority may also start a case itself (see "When DepEd starts a case on its own").

### Where to file, by the person complained of

A school head belongs in the first row of DO 49's list, because RA 4670 defines "teacher" to include "all other persons performing supervisory and/or administrative functions" in public schools ([RA 4670](https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html), Sec. 2).

| Person complained of | File with (DO 49, Sec. 6) | Who decides (DO 49, Sec. 1) |
|---|---|---|
| A teacher, including a principal, head teacher or other school head | The Regional Director | The Regional Director, or the Secretary |
| Regional office personnel | The Regional Director | The Regional Director, or the Secretary |
| Non-teaching personnel in a division, such as a school's administrative officer or an SDO employee | The Schools Division Superintendent | The superintendent, who is "also" a disciplining authority for them, alongside the Regional Director and the Secretary (Secs. 1 and 3); the Secretary may take cognizance of any complaint (Sec. 6) |
| Central Office employees and presidential appointees, from assistant superintendents to undersecretaries | "the Legal Division of the Central Office", now the Legal Service | The Secretary, who has "original and exclusive jurisdiction"; the President confirms, disapproves or modifies decisions on presidential appointees |

DO 49's "Legal Division of the Central Office" is now the Legal Service ([DO 52, s. 2015](https://www.deped.gov.ph/2015/10/30/do-52-s-2015-new-organizational-structures-of-the-central-regional-and-schools-division-offices-of-the-department-of-education/), changes to the Central Office). "The Secretary of Education can take cognizance of any complaint or administrative case filed before any office of the Department of Education" (DO 49, Sec. 6), but DO 49 does not say what an office that receives a misfiled complaint must do. The safe course is to route it to the right office and tell the complainant.

### What each office does with a complaint

| Office | Its role on a complaint | Rule |
|---|---|---|
| School head | Receives and forwards complaints, including those of harm to a learner and, through a designated officer, of gender-based sexual harassment (see below); does not decide, dismiss or settle them | DO 49, Secs. 1 and 6; [DO 40, s. 2012](https://www.deped.gov.ph/2012/05/14/do-40-s-2012-deped-child-protection-policy/), Sec. 16; RA 11313 IRR, Sec. 25(1) |
| School Grievance Committee | None. "A Grievance Committee is not allowed to hear and decide administrative disciplinary cases." | DO 49, Sec. 2, last paragraph |
| Schools Division Superintendent | Disciplining authority for non-teaching personnel in the division, and "only" for them under the RA 9155 rules | DO 49, Sec. 1; [DO 1, s. 2003](https://www.deped.gov.ph/2003/01/06/do-1-s-2003-promulgating-the-implementing-rules-and-regulations-irr-of-republic-act-no-9155-otherwise-known-as-the-governance-of-basic-education-act-of-2001/) (RA 9155 IRR), Sec. 4.3 |
| Regional Director | Disciplining authority for teachers, school heads included, and for regional office personnel | DO 49, Secs. 1 and 6; RA 9155 IRR, Sec. 4.3 |
| Committee on Decorum and Investigation (CODI) | Receives and investigates sexual harassment complaints | 2025 RACCS, Sec. 16 |
| Civil Service Commission and its regional offices | Share jurisdiction with DepEd and accept complaints directly | 2025 RACCS, Secs. 9 and 13 |
| Office of the Ombudsman | Shares jurisdiction and may refer a complaint to DepEd | [RA 6770](https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html), Sec. 23(2) |

Why the superintendent does not decide a teacher's case, the regional and division legal units, and who acts for the Secretary in Central Office cases are explained in [Who Disciplines DepEd Teachers and School Heads?](https://nash.com.ph/blog/deped-disciplining-authority-teachers-school-heads)

### The principal receives and forwards, but does not decide

Parents often bring complaints to the school first, and for some complaints that is where the rules expect them. But the school head is not among DO 49's disciplining authorities (Sec. 1), and DO 49 gives the power to dismiss a complaint to "the disciplining authority concerned" (Sec. 8(a)).

For complaints of child abuse, exploitation, violence or discrimination, the rule is express (DO 40, s. 2012, Sec. 16): "The School Head or the Schools Division Superintendent, upon receipt of the Complaint, shall forward the same, within forty-eight (48) hours, to the Disciplining Authority" (Sec. 16(A)). If such a complaint is not in proper form, the school head "shall immediately inform the complainant of the requirements of a formal complaint" (Sec. 16(B)). Schools must also keep "a clear, accessible, and confidential reporting system" for incidents involving learners ([DO 006, s. 2026](https://www.deped.gov.ph/2026/03/24/march-24-2026-do-006-s-2026-guidelines-on-ensuring-a-safe-and-motivating-learning-environment-esmle/), Sec. VII.A.2). A complaint of gender-based sexual harassment goes to the school's designated officer, who forwards it to the CODI "within forty-eight (48) hours from receipt therefrom" ([IRR of RA 11313](https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96805), Sec. 25(1)(a)).

For other complaints, no rule sets a period, and the safe course is the same: forward the complaint promptly to the office named in DO 49, Sec. 6, and tell the complainant in writing, which also answers RA 6713's duty to reply to letters within 15 working days ([RA 6713](https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html), Sec. 5(a)). The full set of deadlines a school head faces is in [What a School Head Does When a Complaint Arrives](https://nash.com.ph/blog/school-head-complaint-steps-deped).

## What an administrative complaint must contain (checklist)

DO 49 and the 2025 RACCS list the same five items. The RACCS adds detail, and adds that a complaint dismissed for a missing item may be refiled. Neither text prescribes a form, and neither requires the complainant to name the offense; the facts must show the acts or omissions. The grounds themselves are listed in DO 49, Sec. 2, and explained in [DepEd Administrative Offenses and Penalties in 2026](https://nash.com.ph/blog/deped-administrative-offenses-penalties).

| Item | DO 49, s. 2006 (Secs. 4–5) | 2025 RACCS (Sec. 11) | One way to meet both |
|---|---|---|---|
| Oath | "A complaint shall be under oath" (Sec. 4) | "in writing, subscribed and sworn to by the complainant" | Sign the written complaint and swear to it |
| Language | "clear, simple, and concise language so as to inform the person complained of, about the nature and cause of accusation against him" (Sec. 4) | "clear, simple and concise language and in a systematic manner" | Short numbered paragraphs, one event each |
| (a) Complainant | "Full name and address of the complainant" | "full name and address of the complainant" | Your full name and address |
| (b) Person complained of | "Full name and address of the person complained as well as his position and office in the Department of Education" | "full name and address of the person complained of as well as his/her position and office" | Full name, address, position and school or office |
| (c) Facts | "A narration of the relevant and material facts which should show the acts or omissions as allegedly committed by the person" | "a chronological narrative of the relevant and material facts which shows the acts or omissions allegedly committed" | Tell what happened in date order, with dates and places |
| (d) Evidence | "Certified true copies of documentary evidence and affidavits of his witnesses if any" | "clearly legible duplicate original or certified true copies of documentary evidence and affidavits of the complainant's witnesses, if any" | Attach certified true copies, which both texts accept, and your witnesses' affidavits |
| (e) Forum shopping | "Certification or statement on non-forum shopping" | "certification or statement of non-forum shopping" | A signed statement on whether you have filed the same complaint elsewhere |
| More than one person complained of | Not addressed | "the complainant must specify the actions/omissions committed by each, unless they are deemed to have acted in conspiracy"; extra copies may be required | Say what each person did, in separate paragraphs |
| If an item is missing | The disciplining authority "shall also dismiss the complaint" for defects in form or content (Sec. 8(b)) | "The absence of any of the aforementioned requirements shall cause the dismissal of the complaint without prejudice to its refiling upon compliance with the same." | Check every item before filing |

The two lists differ in places. DepEd's 2026 orders treat both as in force, and no rule or decision says which prevails. If the case reaches the CSC on appeal, the CSC applies the 2025 RACCS. Each act in the last column satisfies both texts.

**What "non-forum shopping" means.** Forum shopping is filing complaints on "essentially the same facts" against the same person with two or more bodies that share jurisdiction (2025 RACCS, Sec. 4(r)); the certification tells the office whether you have done that. The consequence is under "Choose one forum" below.

**A suggested layout,** following the required items (neither text gives a form; the example is fictional):

1. The title "Complaint", and your full name and address.
2. The person complained of, for example "Teacher A, Teacher III, Sample Central Elementary School", with address.
3. The facts in numbered paragraphs, in date order: what was done, when, where and who saw it.
4. The attachments, marked as annexes, each a certified true copy, plus the witnesses' affidavits.
5. The certification on non-forum shopping, your signature, and the oath.

## Anonymous complaints: the two tests

**DO 49, Sec. 8(d):** "No action shall be taken on an anonymous complaint, unless the Disciplining Authority decides to adopt the same and file it *motu proprio*."

**2025 RACCS, Sec. 12:** "No anonymous complaint shall be entertained unless the alleged act/s or omission/s complained of is/are: a. of public knowledge; b. verifiable; c. shown by documentary or direct evidence sufficient to establish reasonable ground to believe that the person complained of committed the offense; or d. reported anonymously and investigated by an agency and is referred to the Commission or any CSC ROs."

DepEd's 2026 orders treat both as in force, and no rule or decision says which prevails. If the case reaches the CSC on appeal, the CSC applies the 2025 RACCS.

One course meets both. The disciplining authority adopts an anonymous complaint, as DO 49 allows, only when the acts are of public knowledge, verifiable, or supported by evidence sufficient to establish reasonable ground to believe the person committed the offense, as the RACCS requires. Under the RACCS, a case that the disciplining authority starts itself begins with a show-cause order (Sec. 22). For anyone writing anonymously, the point is the same under both texts: specific facts, dates and copies of documents are what make action possible.

Three other bodies have their own rules:

- **At the CSC,** anonymous complaints that fail Sec. 12 may be dismissed on technical grounds, without prejudice to refiling (2025 RACCS, Sec. 59(c)).
- **At the Ombudsman,** an anonymous complaint "will be acted upon only if it merits appropriate consideration or contains sufficient leads or particulars to enable the taking of further action", and the complainant "shall not be notified of the action on the complaint" ([A.O. No. 1, s. 2026](https://www.ombudsman.gov.ph/wp-content/uploads/2026/03/ADMINISTRATIVE-ORDER-NO.-1-SERIES-OF-2026-Redacted-1.pdf), Rule I, Sec. 3).
- **In sexual harassment cases,** the CODI may initiate a formal complaint after its own investigation of a report "whether filed anonymously or otherwise, but with the consent of the injured party" (2025 RACCS, Sec. 19).

## When DepEd starts a case on its own

A case does not need a private complainant. Under DO 49, "Administrative proceedings may be commenced *motu proprio* by the Secretary of Education, the Regional Director, in case of DepED Officials and teaching and non-teaching personnel, and the Schools Division Superintendents in case of non-teaching personnel within their jurisdiction" (Sec. 3). The 2025 RACCS says proceedings "may be initiated *motu proprio* upon issuance of a show-cause order by the disciplining authority or its authorized representative" (Sec. 10).

The 2025 RACCS thus adds a show-cause order, a written document requiring the person to explain "why no disciplinary action shall be taken against him or her" (Sec. 4(rr)), for cases the disciplining authority starts: "A show-cause order shall be issued when the administrative disciplinary process is initiated by the disciplining authority or its authorized representative" (Sec. 22). DO 49 neither requires nor bars one, so a disciplining authority that issues a show-cause order meets both texts.

The oath rule does not apply to these cases. The Administrative Code says: "Except when initiated by the disciplining authority, no complaint against a civil service official or employee shall be given due course unless the same is in writing and subscribed and sworn to by the complainant" ([Executive Order No. 292](https://lawphil.net/executive/execord/eo1987/eo_292_1987.html), Book V, Sec. 46(c)).

An unsworn letter therefore does not start a case by itself, but the disciplining authority may look into it and start a case of its own ([*Gaoiran v. Alcala*](https://elibrary.judiciary.gov.ph/assets/dtSearch/dtSearch_system_files/dtisapi6.dll?cmd=getdoc&DocId=47142&Index=%2a4aeb4dbdcceeda9b59b85ae3fb22cec0), G.R. No. 150178, November 26, 2004, Second Division; digested in [Preventive Suspension, Appeals and Back Pay for Principals](https://nash.com.ph/blog/principal-preventive-suspension-appeal-back-pay)).

## Can a complaint be withdrawn?

A complainant may withdraw, but withdrawal does not end the case. DO 49 says: "The withdrawal of the complaint does not result in its outright dismissal nor in the discharge of the person complained of from any administrative liability. Where there is obvious truth or merit to the allegations in the complaint or where there is documentary evidence that would tend to prove the guilt of the person complained of, the same should be given due course." (Sec. 7)

The 2025 RACCS repeats the first sentence, nearly word for word (Sec. 14).

In [*Office of the Ombudsman v. Medrano*](https://lawphil.net/judjuris/juri2008/oct2008/gr_177580_2008.html), G.R. No. 177580, October 17, 2008 (Second Division), an affidavit of desistance executed while the case was before the Supreme Court did not make it moot; the Court said such an affidavit "is, as a rule, viewed with suspicion and reservation". The case is digested in [Can the Ombudsman Discipline a Principal?](https://nash.com.ph/blog/ombudsman-deped-jurisdiction-principals)

A settlement is a different thing from a withdrawal. Some light offenses may be settled through mediation, and DepEd's and the CSC's rules differ on which; see [Can a Teacher Be Charged for Unpaid Loans in DepEd?](https://nash.com.ph/blog/teacher-unpaid-loans-just-debts-administrative-case) "Complaints for sexual harassment shall not be subject to mediation and settlement" (2025 RACCS, Sec. 75).

## When a complaint is dismissed outright

A complaint can be dismissed before any investigation on the grounds below.

| Ground | Rule | Can it be filed again? |
|---|---|---|
| "on its face, there is obviously no truth or merit to the allegations therein" | DO 49, Sec. 8(a) | DO 49 does not say |
| Not in the required form, or missing a required item | DO 49, Sec. 8(b); 2025 RACCS, Sec. 11 | Under the RACCS, yes: "without prejudice to its refiling upon compliance with the same" (Sec. 11) |
| Forum shopping | 2025 RACCS, Sec. 11 | As a general rule, no: dismissed "with prejudice", though the CSC or the disciplining authority may take the case or refer it |
| An anonymous complaint that fails the tests | DO 49, Sec. 8(d); 2025 RACCS, Secs. 12 and 59(c) | At the CSC, yes: dismissal "without prejudice to its refiling" (Sec. 59) |

**Dismissal on the face of the complaint.** DO 49 directs the disciplining authority to "dismiss outright a complaint if on its face, there is obviously no truth or merit to the allegations therein" (Sec. 8(a)). The 2025 RACCS has no ground worded that way. It requires a preliminary investigation of a complaint "which is sufficient in form and substance" (Sec. 15), the same condition DO 49 sets before an investigator is appointed (Sec. 8(c)), and it does not say whether a complaint with obviously no merit on its face meets that condition. The Administrative Code, which both texts implement, provides that on a complaint by another person, "If on the basis of such papers a prima facie case is found not to exist, the disciplining authority shall dismiss the case" (EO 292, Book V, Sec. 48(2)), and the RACCS allows a preliminary investigation to be an "*Ex-parte* evaluation of the records" (Sec. 22(c)), after which a complaint without a *prima facie* case "shall be dismissed" (Sec. 25). A complaint whose papers show no case can therefore be dismissed without hearing the person complained of under all three texts: outright under DO 49, or after an *ex parte* evaluation under the RACCS.

A dismissal by the CSC on technical grounds "shall not be subject to motion for reconsideration but is directly appealable to the CSC" (2025 RACCS, Sec. 59). A complaint can also be dismissed after the preliminary investigation for lack of a *prima facie* case; that stage, and whether the dismissal can be appealed, are covered in [DepEd Preliminary Investigation, Formal Charge and Answer](https://nash.com.ph/blog/deped-preliminary-investigation-formal-charge).

## Complaints that belong somewhere else

Not every complaint about a teacher is a DO 49 complaint. In short:

- **Work-related dissatisfaction** with no offense charged goes to the grievance machinery of DO 35, s. 2004 ([DepEd Grievance Machinery: Steps and Time Limits](https://nash.com.ph/blog/deped-grievance-machinery-do-35)). A charge raised in a grievance goes to the disciplining authority: "If a complainant charges the respondent with the commission of administrative offenses, the same shall be disposed of accordingly by the Disciplining Authority" (DO 49, Sec. 2, last paragraph).
- **Sexual harassment** goes to the CODI (2025 RACCS, Sec. 16; [Sexual Harassment and Child Abuse Complaints in DepEd](https://nash.com.ph/blog/deped-sexual-harassment-child-abuse-complaints)).
- **Harm to a learner by school personnel** is forwarded to the disciplining authority within 48 hours (DO 40, s. 2012, Sec. 16(A); [DepEd Child Protection and Anti-Bullying: School Head Duties](https://nash.com.ph/blog/child-protection-anti-bullying-school-heads)).

Appointment protests, union matters and the other routes are in the full routing table in [Grievance or Administrative Case? Where to File](https://nash.com.ph/blog/grievance-or-administrative-case-deped). A crime is a separate criminal complaint: "criminal and administrative cases are distinct from each other" (*Medrano*, quoting an earlier decision), and the Ombudsman's rules cover "criminal, administrative and forfeiture complaints" (A.O. No. 1, s. 2026, Rule I, Sec. 2).

## Filing with the CSC or the Ombudsman instead

**The Civil Service Commission.** "The disciplining authorities of agencies shall have original concurrent jurisdiction with the Commission and CSC ROs over their respective officials and employees" (2025 RACCS, Sec. 9). "An administrative complaint may be filed anytime with the Commission or any of the CSC ROs, or with any agency or department as defined under Rule 1 hereof, except when otherwise provided by law" (Sec. 13). The Commission's original jurisdiction covers "Complaints against officials or employees who are not presidential appointees or elective officials" (Sec. 7(A)(1)(b)), which includes teachers and school heads; CSC regional offices also take such cases (Sec. 8(A)(1)(a)). The same Sec. 11 requirements apply.

Sexual harassment complaints (except in the situations listed in Sec. 18, such as an agency with no CODI or a complaint against the disciplining authority), grievances and cases belonging to other bodies are outside the Commission's original jurisdiction (Sec. 7(A)(1)), and the CSC "may also refer an administrative case or matter to any other agency, as it may deem necessary" (Sec. 6).

**The Office of the Ombudsman.** Complaints "may be in any form, either verbal or in writing", though writing under oath is "preferable" (A.O. No. 1, s. 2026, Rule I, Sec. 3). A docketed administrative case needs "a written complaint under oath accompanied by affidavits of witnesses and other evidence in support of the charge", a "Certificate of Non-Forum Shopping", and "two (2) originals" plus a copy for each respondent (Rule VIII, Sec. 2). Its evaluators may recommend referral to an office with concurrent jurisdiction, such as DepEd (Rule II, Sec. 3(a)(iii); RA 6770, Sec. 23(2)), and it may dismiss a complaint outright if, among other grounds, "the complainant has an adequate remedy in another judicial or quasi-judicial body" or it was filed "after one year from the occurrence of the act or omission complained of" (Rule II, Sec. 4(a) and (e); RA 6770, Sec. 20(5)).

| | DepEd | CSC | Ombudsman |
|---|---|---|---|
| Form | Written, under oath, with a non-forum shopping certification (DO 49, Secs. 4–5) | The same (RACCS, Sec. 11) | "any form"; a docketed case needs a sworn written complaint and a certificate (Rule I, Sec. 3; Rule VIII, Sec. 2) |
| Anonymous | DO 49: only if the disciplining authority adopts it (Sec. 8(d)); see also the RACCS test (Sec. 12) | Only if it meets Sec. 12 | If it "merits appropriate consideration or contains sufficient leads or particulars" (Rule I, Sec. 3) |
| When | "at any time" (DO 49, Sec. 6) | "anytime", "except when otherwise provided by law" (RACCS, Sec. 13) | May be dismissed if filed "after one year" (Rule II, Sec. 4(e)) |

**Which forum hears the case** when more than one could, and what happens when a respondent objects late, are covered in [Can the Ombudsman Discipline a Principal? RA 4670 Cases](https://nash.com.ph/blog/ombudsman-deped-jurisdiction-principals).

**Choose one forum.** Filing the same complaint with DepEd and with the CSC or the Ombudsman is forum shopping (2025 RACCS, Sec. 4(r)). "As a general rule, a complaint filed in violation of the prohibition against forum shopping shall be dismissed with prejudice", though the CSC or the disciplining authority may still take the case or refer it (Sec. 11).

## What happens after you file

Until a formal charge or notice of charge is issued, the teacher is the "person complained of"; after it, the "respondent" (2025 RACCS, Sec. 4(ff) and (oo)). DO 49 and the RACCS set different periods for starting the investigation; [DepEd Preliminary Investigation, Formal Charge and Answer](https://nash.com.ph/blog/deped-preliminary-investigation-formal-charge) compares them and covers the counter-affidavit, the formal charge and the answer.

While a teacher's case is pending, "No publicity shall be given to any disciplinary action being taken against a teacher during the pendency of his case" (RA 4670, Sec. 8, last paragraph; restated in DO 49, Sec. 40); see [Formal Investigation and Decision in DepEd Cases](https://nash.com.ph/blog/deped-formal-investigation-decision).

## What this means for school heads

**When a complaint reaches your office:** record its receipt, forward it as described above, and reply to the complainant in writing with the action taken (RA 6713, Sec. 5(a)). Do not hear, decide or settle a charge, or send it to the School Grievance Committee (DO 49, Sec. 2). Do not open an investigation of a charge on your own. The disciplining authority appoints the investigator (DO 49, Sec. 8(c); 2025 RACCS, Sec. 15), and you investigate only if it designates you. Incidents involving learners follow DO 40 and DO 006 ([Sexual Harassment and Child Abuse Complaints in DepEd](https://nash.com.ph/blog/deped-sexual-harassment-child-abuse-complaints)). The full steps, deadlines and records are in [What a School Head Does When a Complaint Arrives](https://nash.com.ph/blog/school-head-complaint-steps-deped).

**When a parent asks how to file:** explain the checklist and the receiving office, without taking sides. This is PPSSH indicator 5.1.1, skills "in dealing with authorities, colleagues, parents and other stakeholders"; see [PPSSH Domain 5: Building Connections With DepEd Data](https://nash.com.ph/blog/ppssh-domain-5-building-connections).

**When you are the complainant.** A school head may file a sworn complaint against a teacher like any other person (DO 49, Sec. 3), with the Regional Director. Records kept at the time make a complaint verifiable. Knowing these rules is part of indicator 2.4.1, knowledge of "laws, policies, guidelines and issuances on managing school staff"; see [PPSSH Domain 2: Managing School Operations With DepEd Data](https://nash.com.ph/blog/ppssh-domain-2-managing-school-operations) and [Human Resource Management for DepEd School Heads](https://nash.com.ph/blog/school-head-human-resource-management).

**When the complaint is against you,** see [What a School Head Does When a Complaint Arrives](https://nash.com.ph/blog/school-head-complaint-steps-deped). On preventing complaints in the first place, see [RA 6713 for DepEd School Heads: Ethics and Internal Control](https://nash.com.ph/blog/school-head-ethics-internal-control). RA 4670's definition of "teacher" covers a principal serving as officer-in-charge (*Medrano*); see [Principal, Head Teacher or Teacher-in-Charge in DepEd](https://nash.com.ph/blog/principal-head-teacher-teacher-in-charge).

## How the NASH may test this

The two items below are original practice items, scored 3 (Relational), 2 (Multistructural), 1 (Unistructural) or 0 (Prestructural). An option that breaks a rule scores 0.

### Question 1

*Indicator 5.1.1, Management of diverse relationships. Career Stage 1, Situational, Moderate.*

You are the principal of a public elementary school. Parent C hands you a signed letter, not sworn to, saying that Teacher A collected money from pupils for a trip that was never held. Parent C attaches copies of receipts and asks you to "punish" the teacher. What is the most appropriate action?

- **A.** Call Teacher A and Parent C to a meeting in your office, hear both sides, and close the matter once the teacher agrees to return the money to the pupils.
- **B.** Tell Parent C that only the Regional Director decides complaints against teachers, and direct the parent to take the letter and receipts to the regional office.
- **C.** Explain that a complaint must be sworn to and must contain the items DO 49 lists, and that it is filed with the Regional Director, who decides it.
- **D.** Explain the requirements and that the Regional Director decides; record the letter's receipt, forward it with the receipts to the Regional Director, and tell Parent C in writing what you did.

**Answer and explanation**

**Best answer: D.** Points: A = 0, B = 1, C = 2, D = 3.

- **A (0 points, Prestructural).** It has the principal hear and settle a charge against a teacher, a power DO 49 gives only the disciplining authority.
- **B (1 point, Unistructural).** The office is right, but the parent is not told what a valid complaint needs, and the letter already received is neither recorded nor forwarded.
- **C (2 points, Multistructural).** The requirements and the office are right, but the letter already in hand is neither recorded nor forwarded, and nothing is documented.
- **D (3 points, Relational).** It gives the parent the rules, sends the facts to the authority that may act on them even without an oath, and documents and reports the action taken.

**Why.** This aligns with Career Stage 1 expectations because indicator 5.1.1 asks the aspiring school head to deal with parents and authorities in a way that supports learners. Complaints against teachers go to the Regional Director, and only the disciplining authority dismisses or decides them (DO 49, s. 2006, Secs. 1, 6 and 8). An unsworn letter does not start a case by itself, but the disciplining authority may act on it (Administrative Code, Book V, Sec. 46(c); *Gaoiran v. Alcala*, 2004). RA 6713 requires a reply with "the action taken" within 15 working days (Sec. 5(a)).

*Indicator 5.1.1: Demonstrate skills in dealing with authorities, colleagues, parents and other stakeholders to encourage an enabling and supportive environment for learners.*

*Sources: DepEd Order No. 49, s. 2006, Secs. 1, 4, 6 and 8; Administrative Code of 1987, Book V, Sec. 46(c); Gaoiran v. Alcala, G.R. No. 150178, November 26, 2004; RA 6713, Sec. 5(a).*

### Question 2

*Indicator 1.3.1, Policy implementation and review. Career Stage 1, Conceptual, Moderate.*

An anonymous letter, unsigned and with no name, reaches the regional office. It says that the principal of a public high school charged pupils fees the school was not allowed to collect, and it attaches copies of the receipts the school issued. Which statement best describes how DepEd's and the CSC's rules treat this letter?

- **A.** It cannot be acted upon, because DepEd's rules bar any action on an anonymous complaint and the writer must first come forward and swear to it.
- **B.** It may be acted upon if the disciplining authority decides to adopt it and file it on its own motion, which DO 49 leaves to that authority's discretion.
- **C.** It may be acted upon because the acts are verifiable, and the receipts are documentary evidence of the acts, which meets the 2025 RACCS test.
- **D.** The Regional Director may adopt it and start the case on his or her own motion with a show-cause order; the receipts make the acts verifiable, so this meets DO 49 and the 2025 RACCS.

**Answer and explanation**

**Best answer: D.** Points: A = 0, B = 1, C = 2, D = 3.

- **A (0 points, Prestructural).** It misstates the rule: DO 49 allows the disciplining authority to adopt an anonymous complaint, and the RACCS entertains one that meets its Sec. 12 test.
- **B (1 point, Unistructural).** DO 49's adoption rule is right, but the RACCS conditions, which DepEd's 2026 orders also treat as in force, are left out.
- **C (2 points, Multistructural).** The RACCS test is applied correctly, but it does not say who must act or how a self-started case begins.
- **D (3 points, Relational).** It names the principal's disciplining authority, applies both texts' tests together, and states how the case starts under the RACCS.

**Why.** This aligns with Career Stage 1 expectations because indicator 1.3.1 asks the aspiring school head to understand how policies are implemented consistently with laws and issuances. DO 49 takes no action on an anonymous complaint "unless the Disciplining Authority decides to adopt the same and file it *motu proprio*" (Sec. 8(d)); the 2025 RACCS entertains one only if the acts are of public knowledge, verifiable, or shown by evidence sufficient to establish reasonable ground to believe the person committed the offense (Sec. 12), and a self-started case begins with a show-cause order (Secs. 10 and 22). The Regional Director is the disciplining authority for a principal (DO 49, Sec. 1; RA 4670, Sec. 2).

*Indicator 1.3.1: Demonstrate knowledge and understanding of policy implementation and review to ensure that school operations are consistent with national and local laws, regulations and issuances.*

*Sources: DepEd Order No. 49, s. 2006, Secs. 1 and 8(d); 2025 RACCS (CSC Resolution No. 2500357), Secs. 10, 12 and 22; RA 4670, Sec. 2.*

Nothing in this guide reproduces or predicts examination content.

## Frequently asked questions

### Where do I file a complaint against a public school teacher or principal?

With the Regional Director of the region where the teacher works; a principal counts as a teacher (DO 49, s. 2006, Sec. 6; RA 4670, Sec. 2). You may also file with the Civil Service Commission (2025 RACCS, Sec. 13) or the Ombudsman. A school head forwards a complaint but does not decide it (DO 49, Sec. 1).

### Does an administrative complaint have to be sworn?

Yes: "under oath" (DO 49, Sec. 4) and "subscribed and sworn to by the complainant" (2025 RACCS, Sec. 11). Under the 2025 RACCS, a complaint missing a required item is dismissed without prejudice to refiling (Sec. 11); DO 49 says only that it is dismissed (Sec. 8(b)). The oath rule does not apply when the disciplining authority starts the case itself (Administrative Code, Book V, Sec. 46(c)).

### Will DepEd act on an anonymous complaint?

Only in limited cases. DO 49 takes no action unless the disciplining authority adopts the complaint and files it *motu proprio* (Sec. 8(d)), and the 2025 RACCS entertains one only if the acts are of public knowledge, verifiable, or shown by evidence sufficient to establish reasonable ground to believe the person committed the offense (Sec. 12). DepEd's 2026 orders treat both as in force, and no rule or decision says which prevails; specific facts and documents help under both.

### If the complainant withdraws, is the case over?

No. "The withdrawal of the complaint does not result in its outright dismissal" (DO 49, Sec. 7; 2025 RACCS, Sec. 14). Under DO 49, a complaint with obvious merit or supporting documents "should be given due course" anyway. In *Office of the Ombudsman v. Medrano* (2008), an affidavit of desistance did not end the case.

### Is there a deadline for filing an administrative complaint?

Neither DO 49 nor the 2025 RACCS sets one: "at any time" (DO 49, Sec. 6); "anytime", "except when otherwise provided by law" (2025 RACCS, Sec. 13). The sexual harassment laws set prescriptive periods (RA 7877, Sec. 7; RA 11313, Sec. 36), and the rules do not say how they apply to an administrative complaint. The Ombudsman may, but need not, dismiss a complaint filed after one year (A.O. No. 1, s. 2026, Rule II, Sec. 4(e)).

## Sources

**DepEd issuances**

- [DepEd Order No. 49, s. 2006](https://www.deped.gov.ph/2006/12/12/do-49-s-2006-revised-rules-of-procedure-of-the-department-of-education-in-administrative-cases-amended-by/), Revised Rules of Procedure of the Department of Education in Administrative Cases, December 12, 2006 (rules dated December 4, 2006), Secs. 1–8 and 40.
- [DepEd Order No. 35, s. 2004](https://www.deped.gov.ph/2004/06/03/do-35-s-2004-revision-of-the-grievance-machineries-of-the-department-of-education/), Revision of the Grievance Machinery of the Department of Education, June 3, 2004, Part V.
- [DepEd Order No. 1, s. 2003](https://www.deped.gov.ph/2003/01/06/do-1-s-2003-promulgating-the-implementing-rules-and-regulations-irr-of-republic-act-no-9155-otherwise-known-as-the-governance-of-basic-education-act-of-2001/), Implementing Rules and Regulations of RA 9155, January 6, 2003, Sec. 4.3.
- [DepEd Order No. 40, s. 2012](https://www.deped.gov.ph/2012/05/14/do-40-s-2012-deped-child-protection-policy/), DepEd Child Protection Policy, May 14, 2012, Sec. 16(A)–(B).
- [DepEd Order No. 52, s. 2015](https://www.deped.gov.ph/2015/10/30/do-52-s-2015-new-organizational-structures-of-the-central-regional-and-schools-division-offices-of-the-department-of-education/), New Organizational Structures of the Central, Regional, and Schools Division Offices of the Department of Education, October 30, 2015 (changes to the Central Office).
- [DepEd Order No. 006, s. 2026](https://www.deped.gov.ph/2026/03/24/march-24-2026-do-006-s-2026-guidelines-on-ensuring-a-safe-and-motivating-learning-environment-esmle/), Guidelines on Ensuring a Safe and Motivating Learning Environment, March 24, 2026, Sec. VII.A.2.
- [DepEd Order No. 007, s. 2026](https://www.deped.gov.ph/2026/03/25/march-25-2026-do-007-s-2026-media-management-guidelines/), Media Management Guidelines, March 25, 2026, Sec. VI.2.

**Civil Service Commission rules and laws**

- [2025 Rules on Administrative Cases in the Civil Service](https://csc.gov.ph/phocadownload/userupload/paio/2025_ORAOHRA_AND_RACCS/2025_RACCS_19_September.pdf), CSC Resolution No. 2500357, promulgated April 30, 2025, in force August 4, 2025, Secs. 4(r), (ff), (oo) and (rr), 6–16, 18, 19, 22, 25, 59 and 75.
- [Executive Order No. 292, Administrative Code of 1987](https://lawphil.net/executive/execord/eo1987/eo_292_1987.html), Book V, Title I, Subtitle A, Secs. 46(c) and 48(1)–(2).
- [Republic Act No. 4670](https://lawphil.net/statutes/repacts/ra1966/ra_4670_1966.html), Magna Carta for Public School Teachers, Secs. 2 and 8.
- [Republic Act No. 6713](https://lawphil.net/statutes/repacts/ra1989/ra_6713_1989.html), Code of Conduct and Ethical Standards for Public Officials and Employees, Sec. 5(a).
- [Republic Act No. 6770](https://lawphil.net/statutes/repacts/ra1989/ra_6770_1989.html), The Ombudsman Act of 1989, Secs. 20(5) and 23(2).
- [Republic Act No. 7877](https://lawphil.net/statutes/repacts/ra1995/ra_7877_1995.html), Anti-Sexual Harassment Act of 1995, February 14, 1995, Sec. 7.
- [Republic Act No. 11313](https://lawphil.net/statutes/repacts/ra2019/ra_11313_2019.html), Safe Spaces Act, approved April 17, 2019, Sec. 36.
- [Implementing Rules and Regulations of RA 11313](https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96805), October 28, 2019, Sec. 25(1).
- Office of the Ombudsman, [Administrative Order No. 1, s. 2026](https://www.ombudsman.gov.ph/wp-content/uploads/2026/03/ADMINISTRATIVE-ORDER-NO.-1-SERIES-OF-2026-Redacted-1.pdf), Revised Rules of Procedure of the Office of the Ombudsman, signed January 19, 2026, Rule I, Secs. 2–3; Rule II, Secs. 3(a) and 4; Rule VIII, Sec. 2.

**Supreme Court decisions**

- [*Gaoiran v. Alcala*](https://elibrary.judiciary.gov.ph/assets/dtSearch/dtSearch_system_files/dtisapi6.dll?cmd=getdoc&DocId=47142&Index=%2a4aeb4dbdcceeda9b59b85ae3fb22cec0), G.R. No. 150178, November 26, 2004 (Second Division).
- [*Office of the Ombudsman v. Medrano*](https://lawphil.net/judjuris/juri2008/oct2008/gr_177580_2008.html), G.R. No. 177580, October 17, 2008 (Second Division).

*This guide explains DepEd and Civil Service Commission rules for study and professional awareness. It is not legal advice; for a specific case, consult a lawyer or your Schools Division Office's legal unit.*

## The administrative cases and grievances series

- [DepEd Administrative Cases and Grievances: DO 49 and DO 35](https://nash.com.ph/blog/deped-administrative-cases-grievances-guide)
- [Who Disciplines DepEd Teachers and School Heads?](https://nash.com.ph/blog/deped-disciplining-authority-teachers-school-heads)
- How to File an Administrative Complaint in DepEd (this post)
- [DepEd Preliminary Investigation, Formal Charge and Answer](https://nash.com.ph/blog/deped-preliminary-investigation-formal-charge)
- [Formal Investigation and Decision in DepEd Cases](https://nash.com.ph/blog/deped-formal-investigation-decision)
- [DepEd Administrative Offenses and Penalties in 2026](https://nash.com.ph/blog/deped-administrative-offenses-penalties)
- [Can a Teacher Be Charged for Unpaid Loans in DepEd?](https://nash.com.ph/blog/teacher-unpaid-loans-just-debts-administrative-case)
- [DepEd Grievance Machinery: Steps and Time Limits](https://nash.com.ph/blog/deped-grievance-machinery-do-35)
- [Grievance or Administrative Case? Where to File](https://nash.com.ph/blog/grievance-or-administrative-case-deped)
- [Sexual Harassment and Child Abuse Complaints in DepEd](https://nash.com.ph/blog/deped-sexual-harassment-child-abuse-complaints)
- [What a School Head Does When a Complaint Arrives](https://nash.com.ph/blog/school-head-complaint-steps-deped)

*Written by Mark Anthony Llego for NASH Reviewer. Sources: DepEd Orders No. 49, s. 2006, No. 40, s. 2012 and No. 006, s. 2026; 2025 RACCS; Administrative Code of 1987, Book V; RA 4670; RA 6713; RA 6770; RA 7877; RA 11313 and its IRR; Ombudsman A.O. No. 1, s. 2026; Supreme Court decisions.*

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