Professional Documents
Culture Documents
16 - Public Schools District Supervisors Association Vs Hon. Edilberto de Jesus
16 - Public Schools District Supervisors Association Vs Hon. Edilberto de Jesus
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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.
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.
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:
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)