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Resignation in the Civil Service

resignation in the civil service

In the past, nothing much is written about resignation in the civil service or in the government sector. Essentially, what was known is that an employee simply has to file a resignation letter and accomplish his/her clearance. However, with the promulgation of the 2017 Omnibus Rules on Appointments and Other Human Resource Actions (2017 ORAOHRA), the Commission has made it easier for us to understand the rules to be observed when it comes to severing employment in the government through resignation.

I will just reproduce below Section 104, Rule X of the 2017 ORAOHRA considering that the rules are simple enough to be easily understood. I’ll still include though some comments/explanations in italics and blue font. Read on —->

Sec. 104. Resignation is an act of an official or employee by which he/she voluntarily relinquishes in writing his/her position effective on a specific date which shall not be less than thirty (30) days from the date of such notice or earlier as mutually agreed upon by the employee and the appointing officer/authority. To constitute a complete and operative resignation of an official or employee, there must be a written intention to relinquish the office, the acceptance by the appointing officer/authority and a written notice of such acceptance duly served to the official or employee concerned (It is now clear that there is a 30-day notice rule in the government sector. Also note that in the case of Reyes v. Atienza, 470 SCRA 670, the Supreme Court said that without acceptance by competent authority, resignation is nothing and the officer remains in office.)

Resignation shall be governed by the following rules:

1 – An official or employee is deemed to have tendered his/her resignation upon receipt by the appointing officer/authority of the former’s written resignation.

2 – Pending receipt by the official or employee of the action taken by the appointing officer/authority on the resignation, the official or employee shall remain in office and retain all the powers, duties and responsibilities appurtenant thereto.

3 – The appointing officer/authority shall act on the notice of resignation within 30 days from receipt thereof. In case the resignation of the official/employee remains unacted upon for 30 days from receipt of the formal letter of resignation by the appointing officer/authority, it shall be deemed complete and operative on the specified date of effectivity or 30 days from submission thereof, in cases where the effectivity date is not specified. It must be understood, however, that the required clearance from money, property and work-related accountabilities shall be secured by the official or employee before or immediately after the date of effectivity of resignation.

4 – In the interest of service, however, the appointing officer/authority may set a date of effectivity of the resignation, but in no case shall be earlier than the date specified in the letter of resignation or 30 days from submission thereof.

5 – The acceptance of resignation is mandatory. The appointing officer/authority may suspend the effectivity date of resignation despite its initial written notice of acceptance due to any of the following reasons:

a) When the country is at war or when any other national or local emergency has been declared by the appropriate authority; and

b) When it is necessary to prevent loss of life or property or in case of imminent danger to public safety due to an actual or impending emergency caused by serious accidents, fire, flood, typhoon, earthquake, epedemic or other disaster or calamity.

A resignation previously suspended due to any of the above-mentioned reasons shall nonetheless be effective 30 days after the circumstances causing the previous suspension has ceased as certified by the appropriate authority or the appointing officer/authority (These two are the only reasons to suspend effectivity of resignation.)

6 – If the last day of the period given to the appointing officer/authority to act and furnish copy of the written action on the tendered resignation falls on a holiday or non-working day, copy of the written action shall be furnished the official or employee concerned on the next working day immediately following a holiday or non-working day.

7 – The official or employee concerned may withdraw the tender of resignation any time prior to the receipt of notice of acceptance of the resignation from the appointing officer/authority or before the lapse of the 30-day period given for the latter to act on the resignation, whichever comes first (Here, the acceptance by the appointing authority of the withdrawal is mandatory because the resignation is not yet considered complete.)

8 – Until the resignation is accepted, the tender of resignation is revocable. Once the resignation is deemed complete and operative, the withdrawal thereof shall not automatically restore the employee to his/her former position (Once the appointing authority accepts the resignation and the employee is notified of such acceptance, the resignation is complete and cannot be withdrawn unless the appointing authority allows such withdrawal.)

9 – The following documents shall be submitted to the CSC Field Office concerned within thirty (30) calendar days from the date of the effectivity of the resignation, for record purposes:

a) the voluntary written notice of the employee informing the appointing officer/authority that he/she is relinquishing his/her position and the effectivity date of said resignation;

b) the acceptance of resignation in writing by the agency head or appointing officer/authority which shall indicate the date of effectivity of the resignation; and

c) proof of notice of the acceptance of resignation to the employee.

10 – An official or employee under investigation, except those prohibited by law (under Sec 12 RA 3019 of the Anti-Graft and Corrupt Practices Act), may be allowed to resign pending decision of his/her case without prejudice to the continuation of the proceedings until finally terminated (Public officers charged of bribery and any crimes under RA 3019 are not allowed to retire or resign pending investigation.) 

As I’ve said, the rules are clear. If, for some reason, you need to resign from your government employment, please observe these rules. 

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