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. TOLENTINO, JANET C. CANAPI
and MYRA CANDAROMA.
Persons Complained Of-Appelles.
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 in 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 s
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 have taken into consideration
that most of the documents 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
validity of documents;
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 appreciation of the

application of the 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
appreciate 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, italics and underline supplied)

Clearly, a grave error is committed in the deliberation process for reasons

that if the top eleventh pupil in academic have more co-curricular points
than that of the top tenth pupil in academics, then a possibility that the
former have the opportunity to land in the top ten honor pupils.

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

of co-curricular points as it runs counter of its own findings.

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 competition. These games cannot be taken separately and
distinctively from camp/activity itself. (page two of resolution, italics
supplied)

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 p. 4annex H). How can a minor engaged in argument with the
adult, professional School Selection Committee? If parents were allowed
during the deliberation, filing of protest or cases might have been
prevented. 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 chose a category for their co-curricular points.
On Girl Scouting, herein petitioner agree 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 and italics supplied)

The above item 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
and Italics 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 letter from Schools Division Superintendent. It was never shown if
its really about scouting and was also declared a confidential document. It is the
policy of DepEd that an invitation to any activity is an invitation to all and not
only to only two in school.

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.

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. Letters of the undersigned went unanswered.
For the first time, parents were excluded to witness the deliberation and
results of co-curricular deliberation 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. The committee even suppressed the documents to prevent
the petitioner from filing its protest under the above-mentioned rules.

As tacitly mentioned in the resolution, basic is the rule in statutory

construction that where the words of a statute are clear, plain and free
from ambiguity, it must be given its literal meaning and applied without
attempted interpretation.

In fact, it is their first time to deliberately mis-apply 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 Order since 2009 and now they manipulated its
result in the guise confidentiality as well as there is no policy that
parents are allowed during the deliberation.

The blatant disregard of rules and deliberate provision of co-curricular

scores to 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. 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.

8. 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
respondent-appellees.

Other reliefs just and equitable are prayed for.

Tuguegarao City, June 6, 2017.