RESIGNATION NOTICE OF DEPED TEACHERS IN THE PHILIPPINES
A comprehensive legal guide (2025)
1. Constitutional and Statutory Foundations
| Source | Key Principle | Impact on Resignation |
|---|---|---|
| 1987 Constitution, Art. IX‑B | “Security of tenure shall be guaranteed to civil service employees.” | A teacher’s permanent appointment may end only by lawful causes or by the employee’s voluntary act of resignation. |
| Republic Act No. 4670 (Magna Carta for Public School Teachers) • §5 (Tenure of Office) • §10 (Due Process) |
Ensures that teachers are removed only for cause and after due process. | Resignation, being voluntary, bypasses due‑process requirements—but DepEd/Civil Service must still accept it for it to take effect. |
| Presidential Decree No. 807 (Civil Service Decree) | Vests the Civil Service Commission (CSC) with rule‑making power. | CSC Memorandum Circulars prescribe the notice period, acceptance, and clearance rules that cover teachers. |
| Administrative Code of 1987, Book V, Title I, Subtitle A, Chap. 5, §26 | Details effectivity of resignation in the civil service. | No resignation is final until accepted by the “proper authority.” |
2. Core CSC Rules on Resignation
CSC Memorandum Circular No. 12, s. 2007 (latest consolidated text on separation) is the most cited operational guide. Salient points applied to teachers:
Written notice – an irrevocable letter addressed to the appointing authority (for teachers, usually the Schools Division Superintendent; some divisions require routing through the principal/head teacher).
Thirty‑(30)‑calendar‑day notice – counted from receipt of the letter.
Shorter notice (15 days or less) may be allowed only if the teacher:
- cites health/compassionate reasons and
- the appointing authority expressly waives the 30‑day rule in the acceptance.
Acceptance is indispensable. Until the appointing authority issues a written “Approved/Accepted” notation (sometimes styled as a separate Office Order), the teacher remains in the service even if 30 days have lapsed.
Effectivity date – whichever is later between (a) the date in the acceptance order and (b) the day after the 30‑day notice lapses.
Administrative‑case caveat – pending cases do not bar acceptance, but resignation will not stop the investigation and possible penalties (CSC Resolution No. 06‑0852).
Failure to report before acceptance = AWOL. If the teacher stops reporting without permission before the resignation is accepted, the division may drop the teacher from the rolls under CSC MC No. 17, s. 1989.
3. DepEd‑Specific Implementing Guidelines
| Instrument | What it Adds |
|---|---|
| DepEd Order No. 54, s. 1993 (and subsequent regional re‑issuances) | Lays out an “Exit Clearance Checklist”—return of textbooks, school property, Form 137/138 accountability, liquidation of cash advances, etc. |
| DepEd Order No. 14, s. 2023 (latest on property and financial accountability) | Tie‑up with accounting; resignation is withheld until the teacher completes property clearance and settles GSIS/Pag‑IBIG loan obligations that were salary‑deducted. |
| DepEd Service Credit Guidelines (DO 53, s. 2003) | Explains conversion of teacher service credits to the regular leave credits formula for terminal leave pay on resignation. |
4. Procedural Flowchart
Draft Resignation Letter
- Standard content: position title, item number, school, reason (optional), proposed last day, signature.
Transmit to Principal → routed to Division HR.
HR checks:
- Length of notice (≥30 days unless waiver)
- Pending admin/financial liabilities
Division Finance and Property Clearance (parallel with step 5)
Acceptance Order signed by the SDS/Regional Director.
Turn‑over of classes/records; prepare Sworn Statement of Assets & Liabilities (SALN) up to last day.
Payroll drops teacher after effectivity; Finance computes:
- Terminal Leave Pay (TLP) – unused vacation/sick leave plus converted service credits.
- Proportional Vacation Pay (PVP) for days earned but not yet enjoyed (if resigning during class days).
Issuance of Service Record & Certificate of Employment.
5. Frequently‑Asked Legal Questions
| Question | Short Answer | Legal Basis / Rationale |
|---|---|---|
| Can I resign mid‑school‑year? | Yes, but DepEd may hold acceptance until a replacement arrives to avoid service disruption. | CSC MC 12‑2007 + administrative soundness. |
| What if I give less than 30 days’ notice? | Acceptance may still be issued with an effective upon approval clause “in the exigencies of the service.” If not accepted, you must serve the balance. | Same MC; see CSC v. Dadole (G.R. No. 132720, April 19 2000). |
| Will I lose GSIS benefits if I resign? | No. Your GSIS contributions remain; you may later claim Separation or Unemployment benefits if you qualify (e.g., at least 15 yrs service = cash benefit at age 60). | RA 8291 (GSIS Act). |
| Is resignation reversible? | Only before acceptance and with the appointing authority’s consent. After acceptance, re‑entry requires a new appointment and compliance with hiring ranking rules. | CSC Resolution No. 100243 (2010). |
| Can the Division refuse to accept my resignation? | Yes, when there is (a) pending property accountability, (b) a crucial understaffing situation and no substitute, or (c) a pending admin case where your presence is vital for due process of co‑respondents. | Civil Service Field Office Advisory interpretations. |
| What happens if I resign while under suspension? | Acceptance terminates the employment but the case proceeds; penalties (e.g., dismissal, forfeiture of benefits) may still be imposed and enforced against accrued benefits. | Padiernos v. CSC, G.R. No. 167654 (2008). |
6. Computation of Money Due
Terminal Leave Pay (TLP) Formula: TLP = H × 0.0482 × S where H = total converted leave credits, S = latest basic monthly salary. Conversion of teacher service credits: multiply credits by 1.2 to get vacation‑sick equivalent before adding to existing leave balance.
Proportional Vacation Pay (PVP)
For resignations during the school year:
$$ \text{PVP} = \tfrac{\text{Number of School Days Already Served}}{220} \times \text{70 days} $$
Then multiply by daily salary.
13th‑Month & Cash Allowances – prorated up to last day.
Last Salary – minus tax, GSIS, Pag‑IBIG, PhilHealth, union dues, any unsettled advances.
7. Jurisprudence Snapshot
| Case | G.R. No. | Ratio relevant to resignation |
|---|---|---|
| CSC v. Dadole | 132720 (19 Apr 2000) | 30‑day notice is mandatory unless waived; resignation becomes effective only upon acceptance. |
| Padiernos v. CSC | 167654 (13 Feb 2008) | Resignation does not wipe out administrative liability; penalties may attach to benefits. |
| Miranda v. CSC | 231253 (29 Jan 2020) | Approval date controls; service rendered beyond the proposed last day, if acceptance is delayed, is still creditable. |
| Department of Education v. Omaga‑Diaz | 208984‑85 (16 Aug 2017) | DepEd may legally withhold clearance and benefits when the teacher still possesses accountable property. |
8. Practical Draft – Sample Resignation Letter
Date: 15 August 2025 To: The Schools Division Superintendent Thru: The Principal, Mabini National High School
Subject: Resignation effective 15 September 2025
I respectfully tender my irrevocable resignation as Teacher I (Item No. TCH1‑123‑2020), effective 15 September 2025, in accordance with Civil Service rules. I commit to continue discharging my duties and to facilitate a smooth turn‑over until the effectivity.
Thank you for the opportunity to serve the Department of Education.
(Signed) JUAN D. DELA CRUZ Teacher I
9. Checklist for Departing Teachers
- Original signed resignation letter (two copies)
- Exit clearance form (Property, Records, Accounting, Library, Clinic, ICT)
- Updated Individual Performance Commitment and Review (IPCRF)
- Turn‑over letter for learner records and e‑classroom accounts
- Latest SALN (dated on last day)
- GSIS and Pag‑IBIG loan settlement plan (if unpaid)
- Copy of Acceptance Order
- Request for Service Record, Certificate of Employment, & Leave‑Card print‑out
10. Key Take‑aways
- 30 days’ notice + written acceptance = valid resignation.
- Clearance and property/accountabilities are essential—they can delay effectivity.
- Resignation does not immunize from pending or future administrative actions.
- Financial benefits (TLP, PVP, prorated bonuses) depend on accurate leave credit conversion and absence of liabilities.
- A teacher wishing to re‑enter DepEd must compete under the current Registry of Qualified Applicants (RQA).
Prepared as of 17 July 2025 | For educational purposes only; always consult your Schools Division Office HR and the latest CSC/DepEd issuances before acting.