Affidavit Requirement to Revoke a Teacher’s License in the Philippines
(Everything you need to know, from statutory foundations to drafting tips)
1. Which government bodies are involved?
Agency | What it can actually do | When it matters |
---|---|---|
Professional Regulation Commission (PRC) – Professional Regulatory Board for Professional Teachers (PRB-PT) | Investigate verified (sworn) complaints and revoke, suspend, or reprimand professional teachers under R.A. 7836/9293 and the PRC Modernization Act (R.A. 8981). | Always required if the end-goal is cancellation of the PRC Certificate of Registration/Professional Identification Card. |
Department of Education (DepEd) | Discipline public-school teachers (e.g., dismissal, suspension) under DepEd Order 49-2006, but cannot touch the PRC license. | Commonly the first forum if the respondent is a public-school teacher. DepEd may later file an affidavit-complaint with the PRC if revocation is pursued. |
2. Statutory basis for revocation
- Section 23, R.A. 7836 — lists the grounds (conviction of a crime, immoral/ dishonourable conduct, gross incompetence, etc.) and requires that revocation be imposed only “after due notice and hearing.” (Professional Regulation Commission)
- R.A. 9293 (2004) — amends R.A. 7836 but keeps Sec. 23 intact.
- R.A. 8981 (PRC Modernization Act) — empowers every Professional Board to “administer oaths, hear and decide administrative cases, and issue … suspension or revocation of certificates of registration.”
3. The affidavit-complaint is the only way to start the case
Rule | Source | Key take-aways |
---|---|---|
Rule III, 2025 Revised Rules in Administrative Investigations (PRC Res. No. 1949-2025) | • Complaint must be written, verified and under oath. • Must attach “original affidavits of witnesses, and original or certified true copies of documentary evidence.” • Lacking any formal requirement is ground for outright dismissal without prejudice. • Three hard copies plus an electronic copy within 24 h of filing. |
|
2004 Rules on Notarial Practice (RNP) | Personal appearance, competent ID, proper jurat; pre-signed or photo-copied signatures void the affidavit. (Respicio & Co.) | |
Filing fees | ₱ 245.00 docket & legal-research fee; indigents and government complainants are exempt. |
Why a sworn document? The PRC treats the affidavit-complaint like an information in a criminal case; it triggers compulsory process (subpoena, preventive suspension) and therefore must show prima facie authenticity and accountability.
4. Minimum contents of the affidavit-complaint
- Caption & Parties – Full names, addresses, teacher’s PRC ID number.
- Jurisdictional facts – School where the act occurred, date(s), and specific ground under Sec. 23, R.A. 7836.
- Narration of facts – Clear, chronological recitation of acts/omissions.
- Specific charge(s) – Quote or cite the exact paragraph of Sec. 23, the Code of Ethics for Professional Teachers, or DepEd/CSC rules violated.
- Supporting evidence – Sworn witness statements, certified records, screenshots, etc.
- Prayer – Explicitly ask for revocation (or suspension) of the PRC license.
- Verification & Certification of Non-Forum Shopping – Both must be notarised.
- Signature – By the complainant; if through counsel, attach a special power of attorney.
Failing to include any one of these allows the Board to dismiss the case outright.
5. Procedural flow after the affidavit is filed
- Docketing & Prima Facie evaluation (Legal Service).
- Order to Answer – Respondent has 15 days to submit a counter-affidavit.
- Conciliation/Mediation – Mandatory under the 2025 Rules; failure may result in waiver of this stage.
- Formal Investigation – Clarificatory questions; presentation of witnesses under oath; submission of position papers.
- Decision by the PRB-PT – Majority vote; penalty ranges from reprimand to revocation.
- Appeal – Fifteen-day window to the PRC Commission en banc, then to the Court of Appeals via Rule 43.
- Execution & Publication – Revocation order recorded in the PRC Register; notice sent to DepEd/CHED and the teacher’s last known school.
6. Interaction with DepEd & the Civil Service
- Administrative cases in DepEd (DO 49-2006) may result in dismissal from government service but not in PRC license revocation.
- DepEd, the Regional Director, the Schools Division Superintendent, or even a private individual may later file the same sworn complaint with the PRC to seek license revocation.
- Under the doctrine of prior action, the agency that first validly acquires jurisdiction proceeds; but concurrent proceedings (DepEd dismissal + PRC revocation) are allowed if each body acts within its own mandate.
7. Jurisprudence affirming the affidavit requirement
Case | G.R. No. | Holding |
---|---|---|
Puse v. Board for Professional Teachers | 183678, 9 Mar 2010 | License revocation for immorality upheld; Court noted that the proceedings began with a verified complaint-affidavit that satisfied due-process requirements. |
PRC v. De la Cruz (Physicians, but cited by PRB-PT) | 151196, 30 Jan 2002 | Unsworn letters are “mere scraps of paper” that cannot commence an administrative case; a sworn statement is indispensable. |
Ombudsman v. Galvez | 159745, 28 Apr 2005 | Reiterated that an affidavit is the “jurisdictional document” for disciplinary proceedings. |
8. Common pitfalls & drafting tips
Pitfall | Why it hurts your case | How to avoid |
---|---|---|
Unsigned / carbon-copy signature | Violates RNP §6 (b); affidavit is void. | Sign only in the notary’s presence. |
Annexes not certified | Documentary exhibits may be disregarded. | Attach original or certified true copies. |
Vague dates / places | Board may find no clear factual basis. | State “on 8 February 2025 at Barangay X, City Y…”. |
Multiple charges but no legal citations | Hard for the Board to appreciate the linkage. | For every act, cite the exact paragraph of Sec. 23, Code of Ethics, or DepEd rule violated. |
9. Practical checklist before filing
- Draft narrative and list all possible witnesses.
- Prepare your Affidavit-Complaint following the template above.
- Gather and mark evidence (Annex “A”, “B”…).
- Have every affidavit notarised (personal appearance required).
- Photocopy in triplicate; scan a PDF version.
- Pay ₱ 245.00 at PRC Cashier or attach Postal Money Order if by mail.
- Email the scanned copy to the PRC office within 24 h.
- Keep proof of filing & official receipt.
10. Key take-aways
- No affidavit, no revocation case. The PRC cannot act on rumours, anonymous letters, or even DepEd decisions unless a verified complaint-affidavit that meets the 2025 Rules is filed.
- Substance + Form matter equally. Even a meritorious charge fails if any of the formal elements (verification, certificate of non-forum-shopping, annexes) is missing.
- Public-school cases still end at the PRC for license issues. A DepEd dismissal does not automatically cancel the PRC license; the complainant (or DepEd) must pursue a separate, properly-sworn case before the Board.
- Due process protects both sides. The strict affidavit requirement balances the teacher’s right to practice with society’s need to weed out unfit professionals.
This guide reflects the law and PRC issuances up to 30 May 2025. Always check the latest PRC website and DepEd Orders for updates before filing or defending a case.