Resignation While Under Preventive Suspension in Philippine Labor Law

A practitioner-oriented explainer (2025 update)

1. Key Concepts in One Glance

Term	Core Idea	Statutory / Jurisprudential Basis
Preventive suspension	A temporary, pay-less removal from work ⏤ to protect life, property or evidence while investigating a possible serious offense.	Art. 299 (formerly 277) Labor Code; DOLE D.O. 147-15 §5
Resignation	A voluntary act by the employee, taking legal effect only upon employer acceptance (unless automatically deemed accepted after the 30-day notice lapses).	Art. 300 Labor Code; Dado v. Sykes Asia, G.R. 84433 (2021)
Constructive dismissal	Employer creates conditions so unbearable that a prudent employee is forced to quit; resignation is involuntary.	Jaka Food Processing v. Pacot, G.R. 151378 (2005)

2. Why Employers Impose Preventive Suspension

Protect company property or customers when the charge involves theft, fraud, violence or harassment.
Prevent evidence tampering or employee influence over witnesses.
Assure workplace harmony while the fact-finding body deliberates.

Limits: Maximum of 30 calendar days without pay. If the investigation cannot be finished, the employer must reinstate the worker OR continue the suspension with pay starting day 31. – Art. 299 § (b); D.O. 147-15 §5(c).

3. Can an Employee Resign During This Period?

Yes. The Labor Code does not prohibit resignation while under preventive suspension. However, four practical/legal layers must be unraveled:

Layer	Practical Effect
A. Validity of Resignation	Must be voluntary, in writing, dated, signed. Courts scrutinize timing: resignation offered after being charged is not automatically coerced but may be suspect.
B. Employer Acceptance	Employer may: 1️⃣ accept; 2️⃣ defer acceptance until the admin case is resolved; or 3️⃣ reject (rare). In all cases, acceptance ⇢ resignation takes effect; absent action, it is deemed accepted 30 days after notice lapses.
C. Effect on the Disciplinary Case	Company may continue the administrative investigation for record purposes (to bar re-hire, enforce RTBF clauses, or guard against future claims). SC in Philippine Long Distance Telephone v. NLRC, G.R. 115128 (1996) held that resignation does not strip the employer of disciplinary power for acts committed while employed.
D. Financial Consequences	Resigning employee: ① still unpaid for the preventive-suspension days; ② entitled to final pay (wages to last day worked plus 13th month, unused Service Incentive Leave, etc.) within 30 days per D.O. 174-17; ③ no separation pay unless CBA or company policy grants it.

4. Employer-Side Checklist

Acknowledge receipt of the resignation within 24 h.
Decide whether to:
- Accept immediately (waive notice period) ⟶ document waiver.
- Defer until investigation ends ⟶ state that admin case proceeds in absentia.
Issue clearance flow-chart (IT, Finance, Admin).
Prepare Quitclaim & COE (Certificate of Employment) per D.O. 174-17.
Archive evidence – future NLRC complaint may still cite constructive dismissal or illegal suspension.

5. Employee-Side Checklist

Draft a clear resignation letter: cite Labor Code Art. 300, give effective date (ordinarily +30 days), confirm receipt copy-stamped.
Request reinstatement pay if preventive suspension exceeds 30 days and employer still wants to extend.
Secure copies of investigation memos; these become evidence if contesting constructive dismissal.
Claim final pay within 30 days; follow-up via DOLE Single-Entry Approach (SEnA) if delayed.

6. Jurisprudence Snapshot (Selected)

Case	G.R. No.	Principle
Globe Telecom, Inc. v. Florendo-Flores	206087 (2016)	Preventive-suspension power ends only upon termination or resignation after acceptance.
PLDT v. NLRC	115128 (1996)	Employer may still adjudge guilt for misconduct committed pre-resignation.
International School Manila v. Macuja	167286 (2007)	Acceptance of resignation while under investigation extinguished employer-employee relationship; backwages thereafter disallowed.
Aliling v. Felix R. Vasquez	195327 (2014)	Resignation amid suspension was voluntary; constructive-dismissal claim dismissed.
Jaka Food Processing v. Pacot	151378 (2005)	Stress/test: resignation letters executed under threat of charges may still be involuntary.

7. Public-Sector Nuance

Under Civil Service rules: Preventive suspension may run up to 90 days (R.A. 6770 for Ombudsman cases) with pay. Resignation is allowed but does not preclude the continuation of administrative or even criminal proceedings. Penalties, e.g., forfeiture of benefits and perpetual disqualification, may still be imposed post-resignation (CSC Resolution 2100064, 2021).

8. Interaction With Other Doctrines

Abandonment – resignation letter nullifies allegation of abandonment; but preventive suspension period is not “absence without leave.”
Forced resignation – burden on employer to prove voluntariness; timing and presence of intimidation key.
Release-Waiver-Quitclaim – valid if executed voluntarily, with full disclosure, and reasonable consideration; subject to the “vices of consent” test in Land Bank v. Caido, G.R. 165540 (2014).

9. Best-Practice Flow (Employer)

graph TD
A[Issue NTE & Suspend] -->|Day 0| B[Employee Resigns]
B --> C{Accept?}
C -->|Yes| D[End of Employment] 
C -->|Defer/Reject| E[Proceed Admin Hearing]
E -->|Findings Issued| F{Dismiss?}
F -->|Misconduct| G[Terminate for Cause]
F -->|No grounds| H[Lift Suspension, process resignation]

10. Frequently Asked Questions

Q1 — Do I still render 30 days if my preventive suspension is ongoing?

Generally yes, unless your employer waives the balance. If your suspension already removes you from the workplace, some companies treat it as the rendering period. Put this in writing.

Q2 — Will I get my suspended days’ pay if the case ends in dismissal but I already resigned?

No. Resignation severs the employment tie; the payless nature of preventive suspension remains.

Q3 — Can the employer refuse my resignation?

Only if:

You are bonded and replacement has not been trained (Art. 300 ¶2); or

Contract says you cannot resign on critical project phase, provided limit is reasonable. Otherwise, refusal after 30 days is deemed bad-faith and may spawn constructive-dismissal risk.

Q4 — What if I’m proved innocent—but I already resigned?

You may still pursue nominal damages for due-process lapses (Agabon doctrine), but reinstatement is impossible absent mutual consent.

11. Practical Draft: Resignation Letter (Template)

Subject: Notice of Resignation Dear [HR Manager], Pursuant to Article 300 of the Labor Code, I hereby tender my irrevocable resignation effective 30 days from receipt of this letter (i.e., ____ 2025). I understand that I am currently under preventive suspension by Memo dated ___ 2025. I affirm my willingness to cooperate in the ongoing investigation and to attend hearings scheduled within the notice period. Kindly advise if the company will waive the balance of the 30-day period. Thank you for the opportunity. Respectfully, [Signature]

12. Take-Aways

Legally permissible – An employee may resign even while preventively suspended.
Employer’s election – Acceptance timing dictates when employment actually ends; the administrative case may still finish.
Financials stay separate – Suspension days remain unpaid; final pay timetable and computation follow DOLE rules.
Documentation is king – Voluntariness, notice, acceptance, and clearance papers protect both sides from future litigation.

Disclaimer: This article synthesizes statutes, regulations, and Supreme Court rulings as of June 27 2025. It is for educational purposes and not a substitute for individualized legal advice.