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Localization Law: Appointment Priority for Qualified Teacher Applicants

Localization Law - Appointment Priority for Qualified Teacher Applicants
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The Republic Act No. 8190 also known as “AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOL TEACHERS” is the Localization Law that covers the selection of the deserving qualified teacher applicants who are waiting for the appointment. Read the full text of this act and the Amended Implementing Rules and Regulations (IRR) by the Department of Education below:


LOCALIZATION LAW (RA 8190)

Republic Act 8190 or the so-called “Localization Law” grants priority to residents of the barangay, municipality, or city where the school is located.

Section 1. In the appointment or assignment of teachers to public elementary or secondary schools, priority shall be given to bona fide residents of the barangay, municipality, city, or province where the school is located: Provided, That the teacher possesses all the minimum qualifications for the position as required by law.

Section 2. In the exercise of its disciplinary authority, the Secretary of Education, Culture, and Sports shall impose the following administrative sanctions for any willful violation of this Act: (1) first violation — suspension of one (1) month without pay; (2) second violation — suspension of two (2) months without pay; and (3) third violation and subsequent violations hereof — suspension of six (6) months without pay. chan robles virtual law library

Section 3. The Department of Education, Culture and Sports (DECS) shall prescribe the rules and regulations necessary to implement this Act. The DECS shall provide the senate and the House of Representatives a copy of the rules and regulations within ninety (90) days after approval of this Act. chan robles virtual law library

Section 4. All laws, decrees, executive orders, rules, and regulations, or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. chan robles virtual law library

Section 5. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) newspapers of general circulation.

AMENDED IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 8190 (Localization Law)

The Department of Education (DepEd) also issued DO 3, S. 2013 titled “AMENDED IMPLEMENTING RULES AND REGULATIONS (IRR) OF REPUBLIC ACT NO. 8190 (AN ACT GRANTING PRIORITY TO RESIDENTS OF THE BARANGAY, MUNICIPALITY OR CITY WHERE THE SCHOOL IS LOCATED, IN THE APPOINTMENT OR ASSIGNMENT OF CLASSROOM PUBLIC SCHOOL TEACHERS”.
Also Read: Transfer of Teachers (DepEd Guidelines)

Definition of Terms
TeacherRefers to a person who meets the minimum requirements for the position as required by law and the standards set by the Department who does actual teaching in classrooms and other learning centers.
ApplicantRefers to a person who holds a valid certificate of registration/professional license as a teacher from the Professional Regulation Commission (PRC) seeking to be appointed to a Teacher 1 Position.
Qualified ApplicantRefers to a person who meets the evaluation and selection criteria as prescribed by the Department of Education (DepEd), and who is in the registry of the School Division and is a bona fide resident.
SecretaryRefers to the Department of Education Secretary
Regional DirectorRefers to the Department of Education Regional Director
ProtestRefers to the administrative complaint filed by an aggrieved applicant (complainant) regarding an appointment or assignment to a Teacher 1 made by an appointing or assigning authority (respondent).
AppointmentRefers to the issuance of the original appointment of teachers.
AssignmentRefers to the posting of a teacher in a public school or other learning center.
RegistryRefers to the official list of qualified applicants in the Schools Division.

Coverage

This Amended Implementing Rules and Regulations (IRR) shall apply to the appointment or assignment of teachers in all public schools and other learning centers under the Department of Education.



Filling Up of Vacant Positions

In the appointment or Assignment of teachers to public schools and other learning centers with vacant teaching positions, priority shall be given to bona fide residents of the barangay, municipality, city, or province where the school is located, in no particular order. Provided that:

  • The teacher possesses all the qualifications for the position as required by law and DepEd Orders.
  • Among the bona fide residents of the barangay, municipality, city, or province where the school or learning center is located, the most qualified shall be given priority.

Recruitment and Selection Process

Applicants who are interested in being appointed or assigned to public elementary or secondary schools and other learning centers located in the place where they are bona fide residents may send their written applications together with the necessary documents, to the school head concerned who shall verify and certify as to the correctness and authenticity of the documents submitted including the proof of place of residence. The school head in turn shall forward the applications to the Office of the schools division superintendent. Read: DepEd Hiring Guidelines

Protest Procedures for Violations of RA 8190 (Localization Law)

Aggrieved applicants in the registry of the Schools Division may file a protest. The protest, which shall be subscribed and sworn to in the form of a letter-complaint in three (3) copies, shall be filed at the Regional Office within ninety (90) days from the issuance of the appointment.



The Regional Director shall, within seventy-two (72) hours upon receipt of the protest, require the Schools Division Superintendent (SDS) to answer the allegations in the protest within fifteen (15) days, furnishing the protestant a copy thereof.

The Regional Director’s decision may be appealed to the DepEd Secretary within fifteen (15) days upon receipt thereof. Any appeal on the decision of the Secretary shall be filed with the Civil Service Commission.

A protest shall not render an appointment ineffective nor bar the approval thereof by the appointing authority, but the approval shall be subject to the final outcome of the protest.



Sanctions

Any person found guilty of violating any of the provisions of RA 8190 and these implementing rules and regulations or any part hereof shall be charged administratively pursuant to RA 6713. Administrative sanctions for any willful violation shall be imposed as follows:

  • First violation – suspension of one month without pay
  • Second violation – suspension of two months without pay
  • Third violation and subsequent violation – suspension of six months without pay

Read the full text of DO 03 S. 2013 (Amended IRR of RA 8190 or the Localization Law)

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