16 - Public Schools District Supervisors Association Vs Hon. Edilberto de Jesus

Title Public Schools District v. Hon. Edilberto De Jesus, Gr. No.
157286
Ponente CALLEJO J.
Doctrine It must be stressed that the power of administrative officials to
promulgate rules in the implementation of a statute is necessarily limited
to what is provided for in the legislative enactment. The implementing
rules and regulations of a law cannot extend the law or expand its
coverage, as the power to amend or repeal a statute is vested in the
legislature. It bears stressing, however, that administrative bodies are
allowed under their power of subordinate legislation to implement the
broad policies laid down in a statute by “filling in” the details. All that is
required is that the regulation be germane to the objectives and
purposes of the law; that the regulation does not contradict but
conforms with the standards prescribed by law. Moreover, this Court
accords great respect to the decisions and/or actions of
administrative authorities because of the doctrine of separation of
powers and also for their presumed knowledgeability and expertise in
the enforcement of laws and regulations entrusted to their jurisdiction.
Facts  Then Senator Tessie Aquino-Oreta, the Chairman of the
Committee on Education, authored Senate Bill No. 2191, the
thrust of which was to change the existing management style
and focus on the schools where the teaching-learning process
occurs. The bill was intended to highlight shared governance in
the different levels in the DECS hierarchy and establish authority,
accountability, and responsibility for achieving higher learning
outcomes
 RA 9155 (Governance of Basic Education Act 2001) became a law
stating that each regional office shall have a director, assistant
director, and an office staff for program promotion and support,
planning, administrative and fiscal services. This law abolished
the position of District Supervisors.
 The schools district supervisors have no administrative,
management, control or supervisory functions over the schools
and learning centers within their respective districts.
 Under Section 14 of the law, the DepEd Secretary is mandated to

“promulgate the implementing rules and regulations within ninety
(90) days after the approval of the Act, provided that the
principle of shared governance shall be fully implemented within
two (2) years” after such approval.
 Before the DepEd could issue the appropriate implementing rules
and regulations, Public Schools District Supervisors Association
(PSDSA) sought the Integrated Bar of the Philippines (IBP) to
make representations for the resolution of administrative issues
and one of the issues is the restoration of the functions, duties,
responsibilities, benefits and position level of Public District
Supervisors. The IBP sent a letter to (former) DEPED Secretary
Roco stating that it found PSDSA’s position valid and legal and
that the abolition of the position of District Supervisors is no
longer valid.
 (new) DEPED Secretary De Jesus later issued DECS Office Order
No. 1 which constitutes the IRR of RA No. 9155.
 PSDSA filed the petition for prohibition and mandamus against
DEPED Secretary De Jesus
Contentions Petitioner [PSDSA] Respondent [Hon. De Jesus
The act of the DEPED in removing
PSDSA’s administrative supervision
over elementary schools and its
principals within his/her district
and converting his/her
administrative function to that of
performing staff function for the
division office is a violation of RA
9155.
The IRR expanded the law and

included provisions which are
inconsistent to the letter and spirit
of RA 9155, hence invalid.
RA 9155 should be read in

harmony with other existing
educational laws.
Lower Courts N/A
Appellate Court N/A
Issue W/N the IRR issued by DEPED Secretary De Jesus is invalid for
expanding the provisions of RA 9155?
SC Ruling NO, the IRR did not expand the provisions of the law. The Court had
reviewed the IRR and find that Section 4.3 of Rule IV, and Sections 5.1
and 5.2 of Rule V are valid. The provisions merely reiterate and
implement the related provisions of R.A. No. 9155. Under the law,
a division superintendent has the authority and responsibility to hire,
place, and evaluate all division supervisors and district supervisors as
well as all employees in the division, both teaching and non-teaching
personnel, including school heads.
A plain reading of RA 9155 will show that the schools district supervisors
have no administrative supervision over the school heads; their
responsibility is limited only in:
- Providing professional and instructional advice and support to the
school heads and teachers/facilitators of schools and learning
centers in the district or cluster thereof;
- Curricula supervision; and
- Performing such other functions as may be assigned by proper
authorities.
Thus, under RA 9155, administrative supervision over school heads is

not one of those responsibilities conferred on district supervisors.
Senate deliberations showed the intent to divest from the district

supervisor any administrative supervision. One to head the curriculum
and the one which to supervise the school per se,
RA 9155 enacted to change the governance of DepEd due to the evolution of learning process
Enacted to improve the management of DepEd.
retained the position of the petitioners as district supervisors with limited responsibilities:
 providing professional and instructional advice and support to the school heads and
teachers/facilitators of schools and learning centers in the district or cluster thereof;
 curricula supervision; and
 performing such other functions as may be assigned by proper authorities.
PSDSA
originally has the admin supervision over the elem and public high schools over their jurisdiction
(with respect to both affairs/admin of the schools and curriculum)
contend that the IRR implemented by DepEd expanded and modified the provisions of RA 9155,
particularly:
1. limiting the admin supervision of the district supervisors (petitioners); and
2. the donations, gifts (sec 6.2(11) of IRR) was a modification of RA 9155 as such report must
be reported to them as district supervisors and not only to division superintendent (rulling is the
last part of the digest)

16 - Public Schools District Supervisors Association Vs Hon. Edilberto de Jesus

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16 - Public Schools District Supervisors Association Vs Hon. Edilberto de Jesus

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Title Public Schools District v. Hon. Edilberto De Jesus, Gr. No.

 Under Section 14 of the law, the DepEd Secretary is mandated to

The IRR expanded the law and

RA 9155 should be read in

Thus, under RA 9155, administrative supervision over school heads is

Senate deliberations showed the intent to divest from the district

1. limiting the admin supervision of the district supervisors (petitioners); and

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