Republic of the Philippines

DEPARTMENT OF EDUCATION
DepEd Complex, Meralco Avenue
Pasig City

ALLAN L. SIBAL,
Complainant-appellant. FOR: Serious Dishonesty, Grave
Misconduct and Gross Neglect
-versus- of Duty.

JANETTE M. DULIN, LEIVY L. TURO,

GRACE K. FLORENTINO, JANET C. CANAPI
and MYRA CANDAROMA.
Persons Complained Of-Appellees.
X----------------------------x

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honorable Office respectfully avers:

1. That on July 22, 2016, the undersigned petitioner, filed a complained against
Janette M. Dulin, Leivy l. Turo, Grace K. Tolentino, Janet C. Canapi and Myra
Candaroma, all members of School Selection Committee of Tuguegarao West
Central Elementary School, Tuguegarao City, for Serious Dishonesty, Grave
Misconduct and Gross Neglect of Duty, before the Office of the Secretary;

2. That the case was remanded to the DepEd Regional Office No. 2 for the
conduct of investigation;

3. That for the information of the Honorable Secretary, the case stemmed from
the acts of the School Selection Committee for deliberately and intentionally
providing co-curricular scores to Milton Eero Perez, Valedictorian of
Tuguegarao West Central Elementary School for SY 2015-2016, which are not
in accordance with DepEd Orders 92 s. 2009 and 74 s, 2012, as well as other
DepEd Policies;

4. That on June 5, 2017, the undersigned petitioner received a Resolution of the

Honorable Regional Director copy of which is hereto attached as annex A
disposing the case as follows:

in light of the foregoing, this Office does not deem it proper to conduct
further administrative disciplinary proceedings. Nonetheless, the PCOs are
sternly warned to be more circumspect in the conduct of their duties so as
to avoid any impropriety or even the appearance thereof.

WHEREFORE, the complaint is hereby DISMISSED.

5. That the undersigned petitioner believes that the Honorable Regional

Director mis-appreciated the facts presented and finding the issues
unsubstantiated;

6. That the Honorable Regional Director should take into consideration that the
individual summary of co-curricular points (enclosure no. 1, DepEd Order No.
23 s. 2012) requested by the undersigned petitioner was declared by the
School Selection Committee as confidential documents intentionally for
the purpose of withholding them so I cannot question the erroneous co-
 curricular scores thru a Protest as a remedy under D.O. No. 19, s, 2009 and
D.O. 74 s, 2012;

7. That with due respect to the Honorable Regional Director, the undersigned
petitioner believe that she committed error on the following:

a.) The Honorable Regional Director erred in the determination of the acts of
the School Selection Committee that runs counter from Item No. 2 of
Deped Order NO. 92 s, 2009.

As aptly pointed by the Honorable Regional Director, to determine the

top ten pupils, 7-3 scheme should be applied to all the pupils. After
applying the scheme to all the pupils the top ten among them are the
honor pupils. However, the Honorable Regional Director failed to
recognize that the School selection Committee did otherwise as gleaned
from the fact-finding report of the Division of Tuguegarao City as
observed by Aida Talamayan, to wit:

After the minutes have been read, Mrs. Aida Talamayan, Public Schools
District Supervisor stated that she noticed that the co-curricular
performance was deliberated first. She then asked the deliberation team
why it was the procedure that it adopted. According to the team, they
decided to deliberate on the co-curricular performance first because it is a
long process. They further added that before the deliberation, they were
already able to identify the top ten students through the computation of
their academic ranks. Thus, limited the deliberation for the co-curricular
performance of those pupils who belonged to the top ten ranks. (Annex
H of the complaint, highlight supplied)

Clearly, the grave error committed in the deliberation process deprived

other pupils especially if the top eleventh pupil in academics have more
co-curricular points than that of the top tenth pupil in academics, then
the possibility that the former have the opportunity to land in the top ten
honor pupils but deprived the pupil of his/her rank.

b.) The Honorable Regional Director erred in not allowing a re-computation

of co-curricular points as it runs counter of its own findings that erroneous
co-curricular points were provided.

As expressly stated in page two of the resolution:

As such, unless expressly stated in a DepEd Issuance, participation in the

Boy Scout and Girl Scout on-the-spot events should only be treated as
attendance or pariciption. These games cannot be taken separately and
distinctively from camp/activity itself. (page two of resolution)

The deliberate acts of the School Selection Committee by allowing these

co-curricular points gave undue disadvantage to the daughter of the
herein petitioner as well as all the other honor pupils. It is crystal clear
from the above-mentioned DepEd Orders that Scouting is considered
under participation and attendance. In fact, Alex Guadallaine T. Sibal, a
minor, contested these points during the deliberation but simply over-
ruled by the School Selection Committee (annex C of the complaint
and para. 4, annex H). None of the members of the committee agreed
with the former. Further, Milton Eero Perez was given the option
whether his Boy and Girl Scouting be scored under contests and
competitions or participation and attendance. DepEp Orders never
 mentioned that pupils have the option to choose a category for their co-
curricular points.

On Girl Scouting, herein petitioner agrees on the application of co-

curricular points to those who participated in Girl Scouting as specifically
stated in Item 3.e, DepEd Order No. 86 s, 2012, to wit:

Participation of DepEd Officials, Personnel, and School Children in Girls

Scouting Activities.

All DepEd officials, personnel, and school children are enjoined to

participate in Girl Scouting activities such as national
contests/competitions, training and conferences in the school, division,
regional, and international levels, subject to existing DepEd policies, rules
and regulations. (Underline supplied)

The school children in the above provision should be clarified under Item
3.a of the same Order:

3. To revitalize Girl Scouting in all schools, the DepEd is issuing the

following guidelines:
a.) Promotion of membership to the GSP.
All DepEd officials and personnel are urged to be active members of
the GSP. At the beginning of the school year (SY), all public and private
elementary and secondary schools, through their school
principals/heads, are advised to promote membership into the GSP
among girl-pupils and girl-students, parents and teachers. (Underline
supplied)

Clearly, school children mentioned item 3.e are girl-pupils, which

of course, Milton Eero Perez is not and does not deserve the co-curricular
points. Moreover, the School Selection Committee is much aware of the
guideline in order to attain points. When opposed by Alex Guadallaine
Sibal the participation of Milton Eero Perez in the Girl Scouting during the
deliberation, the Committee just waved a purportedly certification from
Schools Division Superintendent. It was never shown if its really about
scouting and the same was also declared a confidential document.

c.) The Honorable Regional Director erred in declaring that DepEd Orders 92
s, 2009 and 74 s, 2012 are subject to varying interpretation hence
rendering the instant complaint bereft of merit and violation of which is
not punishable .

As a requirement under above-mentioned DepEd Orders, the

undersigned petitioner religious requesting clarifications as well as
documents, in accordance with DepEd Orders, even before the middle of
school year. It is for the purpose that when deliberation comes all issues
have been threshed out. However, letters of the undersigned requesting
the list of co-curricular events, its criteria and application were not
officially answered. A member of the Committee, Ms. Leivy Turo,
answered my letter to her specifying that the same is in the Principals
Office yet they cannot even officially or unofficially provide me with one.
Jurisprudence is clear that the term noted means that the person so
noting has merely taken cognizance of the existence of an act or
declaration, without exercising a judicious deliberation or rendering a
decision on the matter (Manila Hotel Corp v. NLRC, GR No. 120077, Oct.
13, 2000 citing Sychangco v Board of Commissioners, 94 SCRA 61).
 However, DepEd Order No. 23 s, 2012 entitled Clarifications on the
Computation of Co-Curricular Performance in the Ranking of Honor Pupils
and Students under item 6 states that:

For more clarifications, concerned school heads (SHs), teachers

and candidates for honors may contact:

The Center for Students and Co-Curricular Affairs (CSCA)

DepEd Central Office
Ground Floor, Mabini Building
DepEd Complex, Meralco Avenue, Pasig City
Telephone No: (02) 636-3603
Fax No.: (02) 631-8495

Pristine clear that in case where issues arise in co-curricular performance

and points the authority to interpret is the above-stated office and not
the Office of the Schools Division Superintendent. Purposively, the
provision is supplied in the Order to prevent varying interpretations of
the application and scoring of co-curricular activities.

d.) The Regional Director erred to recognize that the acts committed is not in
accordance with transparency as enshrined in the constitution and policy
of government offices.

For the first time, parents were excluded to witness the deliberation and
summary of co-curricular deliberation were declared confidential
documents. Obviously, while all government agencies are opening doors
on transparency, the School Selection Committee excludes itself from
parents participation in order to manipulate the result of the
deliberation. In fact our constitution requires full disclosure:

Art. II, Sec. 28. Subject to reasonable conditions prescribed by law,

the State adopts and implements a policy of full public disclosure
of all its transactions involving public interest.

Art XI, Sec. 1. Public office is a public trust. Public officers and
employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency,
act with partriotism and justice, and lead modest lives.

The committee suppressed the documents to prevent the petitioner from

filing its protest as allowed by DepEd rules.

8. That it is the first time that the school deliberately and intentionally mis-
applied these rules. There were no complaints in the previous school years
since parents were witnesses in the deliberations and transparency is
observed. They are using the Schools Division Office to obviously cover their
tracks. They had been interpreting these Orders since 2009 and 2012, and
now they manipulated its result in the guise confidentiality as well no
policy that parents are allowed during the deliberation.

Granting that they have misinterpreted the Orders, then an aggrieved party
should still be provided with the result of the summary of co-curricular
points to properly exercise the right to PROTEST under the rules.
Interpretations and rectifications of scores are resolved in a protest under
the rules.
 The blatant disregard of rules and deliberate provision of co-curricular
scores to Mr. Milton Eero Perez which are not in accordance with the
DepEd orders gave due advantage to the latter against all the honor
candidates.

These unlawful acts of the School Selection Committee deprived Alex

Guadallaine T. Sibal of her proper standing in the graduating class of SY
2015 2016. Graduation in elementary is once in a lifetime and
recognition of her achievements is greatly treasured. She deserved it and
should not be stolen from her as facilitated by the School Selection
Committee. Due to this incident she is being ridiculed. Should the
committee been open and transparent to all of us there could have been
a better relationship to teachers, parents, pupils and to the whole
community of Tuguegarao West Central School.

9. Attached as integral part of this petition are the following:

a. Proof of Service of this petition to the Honorable Regional Director;
b. Proof of Service of this petition to the appellees;
c. Complaint and its annexes.

WHEREFORE, premises considered, herein petitioner respectfully prays that the

appealed resolution of the Honorable Regional Director dated May 18, 2017 be set aside
and that the Honorable Regional Director be directed to formally charge the person
complained of-appellees.

Other reliefs just and equitable are prayed for.

Tuguegarao City, June 19, 2017.

ALLAN L. SIBAL
Drivers License #BO4-95-032287

VERIFICATION
I, ALLAN L. SIBAL, of legal age, after having been duly sworn to in accordance
with law, depose and state that:

1. I am a complainant-appellant in the above-stated case;

2. I caused the preparation of the foregoing petition;
3. I have read the contents thereof and the facts stated therein are true and correct
of my personal knowledge and/or on the basis of copies of documents and
records in my possession.

ALLAN L. SIBAL
Complainant-Appellant
 JURAT

SUBSCRIBED AN SWORN TO, before me this 19th day of June 2017 in the City of
Tuguegarao, Cagayan Philippines and I further certify that I have personally examined
the affiant and I convinced and satisfied that he voluntarily executed the foregoing
Petition and understood all the contents hereof and that they are true and corrct as to
his personal knowledge.

SANTOS M. BACULI
Notary Public
Doc. No ________________ Until December 31, 201
Page No. _______________ PTR No.____________
Book No. ______________ Issued on ______________
Series of 2017 IBP No. _______________
Issued on _______________
At Tuguegarao City

Copy furnished:

Estella L. Carino, Ed.D., CESO IV

Director III
OIC Office of the Regional Director
DepEd Regional Office 2
Tuguegarao City

Rolando C. Acacio
22 Caggay Highway
Tuguegarao City

Janette M. Dulin
Leivy L. Turo
Grace R. Florentino
Janet C. Canapi
Myra Z. Candaroma
Tuguegarao West Central Elementary School