A position letter can make the difference between a dispute that becomes clearer and one that becomes more expensive, emotional, or legally risky. In the Philippines, people usually need this kind of letter when they are answering a workplace notice, explaining their side in a company investigation, responding to a demand letter, asking for payment, documenting harassment or unfair treatment, or preparing for mediation before DOLE, the barangay, an agency, or a court-related process. A good position letter is not just a complaint. It is a clear, evidence-based explanation of what happened, what law or agreement supports your side, what you want, and what documents prove it.
What is a position letter?
A position letter is a written statement that explains your side of a dispute. It is usually addressed to the other party, an employer, HR, a barangay official, a mediator, an agency officer, or sometimes your own lawyer for use in preparing a formal filing.
It is different from an emotional message, a social media post, or a long narrative of everything that happened. The goal is to help the reader understand:
- What the dispute is about
- What facts are not seriously disputed
- What facts are contested
- What law, contract, policy, or evidence supports your position
- What outcome you are asking for
In workplace cases, the term can overlap with a written explanation, reply to notice to explain, grievance letter, or position paper. In labor cases before the National Labor Relations Commission (NLRC), a position paper is more formal: under the 2025 NLRC Rules of Procedure, the Labor Arbiter may require parties to submit verified position papers with supporting documents and affidavits after mandatory conciliation and mediation, usually within the period set by the Labor Arbiter. (National Labor Relations Commission)
When do you need a position letter in the Philippines?
You may need a position letter when there is already a dispute but the matter has not yet reached a full-blown case, or when a government office or tribunal asks each side to explain its position.
Common situations include:
| Situation | What the position letter should do |
|---|---|
| You received a workplace Notice to Explain | Answer the charge, deny or admit specific facts, attach evidence, and ask for a fair evaluation |
| You are complaining about unpaid wages, illegal dismissal, harassment, or unfair treatment | State the facts, dates, amounts, witnesses, documents, and requested remedy |
| Someone sent you a demand letter | Respond calmly, accept or deny specific claims, correct wrong facts, and propose next steps |
| You are trying to settle a civil dispute | Explain your claim and settlement position before barangay conciliation, mediation, or court action |
| You are a foreigner or OFW dealing with a Philippine dispute remotely | Organize documents, explain authority to represent, and address notarization, apostille, or consular requirements |
| You are preparing for NLRC, DOLE, barangay, or agency proceedings | Turn your evidence into a structured factual and legal narrative |
A position letter is especially useful when memories are fading, messages are scattered across email or chat apps, or the other side is already creating a written record.
Legal basis: why a carefully drafted position letter matters
Civil disputes: good faith, contracts, demand, and damages
Many legal and business disputes in the Philippines start with obligations under a contract, invoice, lease, loan, service agreement, employment document, or written undertaking. Under Article 1159 of the Civil Code, obligations arising from contracts have the force of law between the parties and must be complied with in good faith. (ChanRobles)
A position letter can also function as a written demand. This matters because Article 1169 of the Civil Code provides that a person obliged to deliver or do something generally incurs delay from the time the creditor judicially or extrajudicially demands performance. (Lawphil) For collection and similar claims, Article 1155 of the Civil Code also recognizes a written extrajudicial demand as one of the events that may interrupt prescription, meaning the running of the period to sue may be affected. (Supreme Court E-Library)
If the dispute involves abuse of rights, bad faith, or damage caused by wrongful conduct, Articles 19, 20, and 21 of the Civil Code are often relevant. These provisions require people to act with justice, give everyone their due, observe honesty and good faith, and compensate others for damage caused contrary to law, morals, good customs, or public policy. (Lawphil)
Workplace disputes: due process and the employee’s chance to be heard
For employment disputes, the position letter is often part of due process. DOLE Department Order No. 147-15 states that an employee may not be terminated except for just or authorized cause and with due process. For termination based on just causes under Article 297 of the Labor Code, the first written notice must state the specific grounds, give a detailed narration of facts, and direct the employee to submit a written explanation within a reasonable period, which DOLE explains as at least five calendar days from receipt of the notice. (Supreme Court E-Library)
That written explanation is where the employee’s position letter becomes important. It should answer the charge directly, identify missing or inaccurate facts, attach supporting evidence, and request a hearing if needed. DOLE rules also recognize the employee’s opportunity to be heard, with assistance from a representative if desired, and explain that a formal hearing may be required when requested in writing, when substantial factual disputes exist, when company rules require it, or when similar circumstances justify it. (Supreme Court E-Library)
For authorized-cause terminations such as redundancy, retrenchment, closure, installation of labor-saving devices, or disease, DOLE rules require written notice to both the employee and the appropriate DOLE Regional Office at least 30 days before the effectivity of termination. (Supreme Court E-Library)
DOLE SEnA and NLRC cases
Many labor disputes first go through the Single Entry Approach, or SEnA, a 30-day mandatory conciliation-mediation process for labor and employment issues. The National Conciliation and Mediation Board describes SEnA as an accessible, speedy, impartial, and inexpensive settlement procedure for labor and employment issues. (NCMB)
If settlement fails and the matter proceeds to the NLRC, the position paper becomes critical. Under the 2025 NLRC Rules of Procedure, position papers must cover the claims and causes of action stated in the complaint or amended complaint and must be accompanied by supporting documents, including affidavits of witnesses that take the place of direct testimony. The rules also state consequences for failure to file: a complainant’s failure may lead to dismissal, while a respondent’s failure may be treated as waiver, allowing the Labor Arbiter to decide based on the evidence on record. (Studocu)
Barangay conciliation and civil disputes
For many disputes between individuals, barangay conciliation under the Katarungang Pambarangay system may be a required step before filing in court or certain government offices. Supreme Court Circular No. 14-93 explains that prior barangay conciliation is generally a pre-condition for disputes within the authority of the Lupon, subject to exceptions such as disputes involving the government, juridical entities like corporations, parties residing in different cities or municipalities, labor disputes, urgent legal actions, and offenses punishable by imprisonment exceeding one year or a fine over ₱5,000. (Lawphil)
A position letter for barangay conciliation should be simpler than a court pleading. It should identify the parties, explain the problem, attach basic proof, and state a realistic settlement proposal.
Position letter vs. demand letter vs. position paper
People often use these terms interchangeably, but they are not always the same.
| Document | Usual purpose | Typical recipient | Formality level |
|---|---|---|---|
| Position letter | Explains your side and requested outcome | Employer, HR, other party, mediator, agency officer | Flexible |
| Demand letter | Demands payment, performance, correction, or settlement | Debtor, contractor, landlord, business, individual | More assertive |
| Reply to Notice to Explain | Answers a workplace charge | Employer or HR | Important for due process |
| Grievance letter | Raises workplace issues through company procedure or union process | Supervisor, HR, grievance committee | Depends on company rules or CBA |
| NLRC position paper | Formal written submission in a labor case | Labor Arbiter and opposing party | Formal and evidence-heavy |
| Barangay position statement | Explains dispute for mediation | Punong Barangay, Lupon, Pangkat | Simple and practical |
How to draft a strong position letter
1. Identify the exact purpose of the letter
Before writing, answer this question: What do I need this letter to accomplish?
Your purpose may be to:
- Deny a workplace accusation
- Ask for payment of unpaid salary, commissions, final pay, rent, loan, or invoices
- Explain why a termination, suspension, memo, or penalty is unfair
- Request reinstatement, correction of records, release of documents, or payment
- Propose settlement
- Preserve your rights before a formal complaint
- Create a written record of harassment, retaliation, discrimination, or breach of contract
Do not mix too many goals in one letter. A letter that tries to accuse, explain, threaten, negotiate, and narrate years of conflict all at once often becomes weak.
2. Use a clean and professional format
A basic Philippine position letter should include:
- Date
- Name and address of recipient
- Subject line
- Brief introduction
- Short factual background
- Your position on the disputed issues
- Legal, contractual, or policy basis
- Evidence list
- Specific request or proposed resolution
- Deadline for response, if appropriate
- Signature
- Attachments
Use a subject line that is specific, not emotional. For example:
- “Position Letter on Notice to Explain dated 10 June 2026”
- “Response to Demand Letter dated 15 May 2026”
- “Position on Unpaid Final Pay and Certificate of Employment”
- “Request for Amicable Settlement of Lease Deposit Dispute”
3. Start with a direct opening paragraph
The first paragraph should tell the reader why you are writing.
Example:
I am submitting this position letter in response to the Notice to Explain dated 10 June 2026 regarding the alleged absence without official leave on 3 June 2026. I respectfully deny that I abandoned my work. As shown by the attached messages and medical certificate, I notified my supervisor on the same day and submitted supporting documents as soon as practicable.
This is stronger than starting with anger, accusations, or a long history.
4. Build a timeline of facts
Philippine disputes are often won or lost on dates. A clear timeline helps HR officers, mediators, labor arbiters, barangay officials, and opposing parties see what actually happened.
Use this structure:
| Date | Event | Evidence |
|---|---|---|
| 3 June 2026 | Employee notified supervisor of illness through Viber | Screenshot marked Annex A |
| 4 June 2026 | Medical consultation | Medical certificate marked Annex B |
| 6 June 2026 | Notice to Explain received | Notice marked Annex C |
| 10 June 2026 | Written explanation submitted | Position letter and proof of receipt |
Keep the timeline factual. Avoid words like “obviously,” “maliciously,” or “fraudulently” unless you can prove them.
5. Separate facts from conclusions
A common mistake is to write conclusions without facts.
Weak:
The company illegally dismissed me and violated my rights.
Stronger:
I received a termination notice on 15 May 2026 without any prior Notice to Explain, without a hearing, and without being given at least five calendar days to submit a written explanation. This is inconsistent with the due process requirements described in DOLE Department Order No. 147-15 for termination based on just causes. (Supreme Court E-Library)
Weak:
He is a scammer and liar.
Stronger:
On 5 February 2026, I paid ₱80,000 under the attached acknowledgment receipt. The agreed delivery date was 20 February 2026. As of 15 March 2026, no item had been delivered, and my written requests for delivery or refund remained unanswered.
The stronger version avoids unnecessary defamation risk while still making the point.
6. State the issue clearly
After the facts, identify the specific issue.
Examples:
- Whether the employee committed the violation charged in the Notice to Explain
- Whether final pay, 13th month pay, service incentive leave conversion, or commissions remain unpaid
- Whether the landlord may validly withhold the security deposit
- Whether the contractor breached the agreed scope of work
- Whether a statement was defamatory or merely a protected report made in good faith
- Whether the company followed its own disciplinary procedure
A position letter becomes easier to read when each issue has its own heading.
7. Explain your legal or contractual basis in plain English
You do not need to sound like a law textbook. But you should connect your facts to a source of rights or obligations.
Possible sources include:
- Employment contract
- Company handbook or Code of Conduct
- Collective Bargaining Agreement, if unionized
- Civil Code provisions on contracts, good faith, delay, and damages
- Labor Code provisions on security of tenure and termination
- DOLE rules on due process
- Lease agreement
- Service contract
- Invoices, purchase orders, receipts, or acknowledgments
- Barangay settlement agreement
- Agency rules or written policies
For example:
My position is that the unpaid amount is due under our written service agreement and invoice. Under Article 1159 of the Civil Code, contractual obligations have the force of law between the parties and must be complied with in good faith. (ChanRobles)
8. Attach evidence and label it properly
A position letter is only as strong as its proof. Attachments should be numbered or lettered so the reader can verify each claim quickly.
Common evidence includes:
| Type of dispute | Useful documents |
|---|---|
| Illegal dismissal or suspension | Notice to Explain, written explanation, termination letter, payslips, attendance records, company policies, emails, chat screenshots |
| Unpaid wages or final pay | Employment contract, payslips, bank records, payroll records, resignation or termination documents, computation |
| Harassment or hostile workplace | Incident reports, screenshots, witness statements, medical or counseling records, HR reports |
| Debt or collection | Promissory note, acknowledgment receipt, bank transfer proof, demand letters, reply messages |
| Lease dispute | Lease contract, receipts, move-in/move-out photos, inventory checklist, repair estimates |
| Contractor or supplier dispute | Quotation, contract, purchase order, proof of payment, delivery receipts, photos of defects |
| Online statements or defamation | Screenshots with date, URL, account details, witnesses, proof of publication |
For electronic documents, preserve originals. Republic Act No. 8792, the Electronic Commerce Act of 2000, recognizes electronic documents for evidentiary purposes, and the Supreme Court’s Rules on Electronic Evidence state that electronic documents may be admissible if they comply with the rules on admissibility and authentication. (Supreme Court E-Library)
9. Be careful with recordings, screenshots, and private information
Do not assume that every recording is safe to use. Republic Act No. 4200, the Anti-Wiretapping Act, prohibits secretly recording private communications without authorization from all parties to the private communication. (Lawphil)
Screenshots may be useful, but they should be handled carefully. Do not alter them. Keep the original device, account, URL, timestamps, and context. If the screenshot contains sensitive personal information, limit disclosure to what is necessary. The Data Privacy Act of 2012, Republic Act No. 10173, protects personal information in both government and private-sector information systems. (Lawphil)
Also avoid unnecessary insults. Article 353 of the Revised Penal Code defines libel as a public and malicious imputation that tends to dishonor, discredit, or cause contempt against a person. (Supreme Court E-Library) Even when you feel wronged, your position letter should focus on provable conduct, not name-calling.
10. State the remedy you want
A position letter should not leave the reader guessing. State your requested outcome.
Depending on the dispute, you may ask for:
- Withdrawal of a workplace charge
- Reconsideration of a suspension or dismissal
- Payment of unpaid wages, final pay, commissions, benefits, or separation pay
- Issuance of Certificate of Employment, BIR Form 2316, payslips, or clearance
- Refund, replacement, repair, or completion of service
- Return of deposit
- Correction or deletion of a false statement
- Written apology, undertaking, or non-retaliation commitment
- Settlement meeting
- Execution of a written compromise agreement
Be specific with amounts. If you ask for money, show a computation.
Example:
| Item | Amount |
|---|---|
| Unpaid salary, 1–15 May 2026 | ₱25,000 |
| Pro-rated 13th month pay | ₱18,750 |
| Unused service incentive leave conversion | ₱5,000 |
| Total requested | ₱48,750 |
11. End professionally
A strong closing is firm but not hostile.
Example:
In view of the above, I respectfully request that the charge be dismissed and that my attendance record be corrected. I am willing to attend a clarificatory conference and submit additional documents if required.
For a payment dispute:
I request payment of ₱48,750 within seven calendar days from receipt of this letter, or a written proposal for settlement within the same period.
Avoid threats like “I will destroy your company online” or “I will make sure you go to jail.” Those statements can hurt your credibility and create separate legal problems.
Special guidance for workplace position letters
If you received a Notice to Explain
Read the notice carefully. Your reply should answer the actual charge, not every grievance you have against the company.
Include:
- The date you received the notice
- Whether you admit or deny the charge
- Your factual explanation
- Evidence and witnesses
- Any procedural objection, such as vague charge, lack of documents, or insufficient time
- Request for hearing, if needed
- Request to be assisted by a representative, if appropriate
If the charge is unclear, say so politely:
The notice does not identify the specific transaction, date, customer, or company rule allegedly violated. I respectfully request clarification and copies of the documents being relied upon so I can meaningfully respond.
If you are complaining about illegal dismissal
Focus on two questions:
- Was there a valid cause?
- Was due process followed?
For just-cause dismissal, DOLE rules require the first written notice to identify the grounds, narrate facts in detail, and give the employee at least five calendar days to submit a written explanation. (Supreme Court E-Library) For authorized-cause dismissal, the usual issues are whether the ground is genuine, whether proper 30-day notices were served, whether fair criteria were used, and whether the correct separation pay was paid. (Supreme Court E-Library)
If the dispute may go to DOLE or NLRC
Keep your position letter consistent with what you may later file. In NLRC proceedings, the position paper should cover only the claims and causes of action stated in the complaint or amended complaint and should include supporting documents and affidavits. (Studocu) If you forget an important claim or theory early, it may become harder to add later.
Special guidance for civil or legal disputes
If you are sending a demand or settlement position
Make the demand clear, but do not exaggerate. State the amount, basis, deadline, and documents.
A simple structure works:
- Relationship of the parties
- Agreement or obligation
- Breach or unpaid amount
- Prior attempts to resolve
- Legal or contractual basis
- Demand
- Deadline
- Attachments
For example:
Based on the attached acknowledgment receipt dated 5 February 2026, you received ₱80,000 as advance payment for the delivery of furniture by 20 February 2026. No delivery has been made despite follow-ups on 22 February, 1 March, and 10 March 2026. I request either delivery of the agreed items or full refund of ₱80,000 within seven calendar days from receipt of this letter.
If barangay conciliation may be required
For disputes between individuals in the same city or municipality, or in adjoining barangays where the parties agree, barangay conciliation may be needed before filing in court. But labor disputes, disputes involving corporations or juridical entities, disputes involving parties residing in different cities or municipalities, and certain urgent or serious matters are exceptions under Supreme Court Circular No. 14-93. (Lawphil)
For barangay use, keep the position letter short. Barangay officials are not deciding the case like a judge; they are helping the parties settle.
Notarization, affidavits, and documents signed abroad
A regular position letter does not always need notarization. But notarization may be needed if the letter includes a sworn statement, affidavit, verification, or formal undertaking.
Under the 2004 Rules on Notarial Practice, a person signing a notarized document generally appears personally before the notary public, presents a complete document, is identified through competent evidence of identity, and acknowledges that the signature was voluntarily affixed. (Supreme Court of the Philippines)
For Filipinos or foreigners abroad, documents for use in the Philippines may require consular notarization or apostille, depending on the document and where it was issued. The DFA explains that the Philippines became a party to the Apostille Convention on 14 May 2019, and DFA apostille services apply to Philippine public documents for use abroad. (Apostille Philippines) Philippine embassies and consulates may notarize private documents such as affidavits and special powers of attorney for use in the Philippines, typically requiring personal appearance of the signatory. (Philippine Embassy)
This matters when an OFW, foreign spouse, foreign investor, or overseas witness needs to submit an affidavit, authorization, or supporting document in a Philippine dispute.
Common mistakes to avoid
Writing too emotionally
It is natural to feel angry, embarrassed, or afraid. But the letter should not read like a personal attack. Decision-makers look for facts, proof, and consistency.
Ignoring the actual issue
If the notice is about alleged tardiness, answer the attendance records. Do not spend five pages discussing unrelated office politics unless they explain retaliation or selective enforcement.
Making admissions without thinking
Statements like “I know I violated the rule, but others do it too” can be damaging. If you admit something, explain the context carefully and truthfully.
Attaching evidence without explaining it
Do not dump 50 pages of screenshots without labels. Each attachment should support a specific point.
Missing deadlines
Workplace notices, NLRC orders, mediation schedules, and court-related deadlines can move quickly. In labor termination notices, DOLE recognizes at least five calendar days for an employee’s written explanation in just-cause cases. (Supreme Court E-Library) In NLRC proceedings, position paper deadlines are set by the Labor Arbiter under the applicable rules, and failure to file can have serious consequences. (Studocu)
Posting the dispute online
A private position letter is usually safer than a public rant. Public posts can create defamation, privacy, employment, or evidence issues.
Practical drafting checklist
Before sending your position letter, check the following:
- Have you identified the correct recipient?
- Did you state the purpose in the first paragraph?
- Are the dates accurate?
- Did you separate facts from opinions?
- Did you answer each charge or claim directly?
- Did you cite the contract, company policy, law, or rule you rely on?
- Are all attachments labeled?
- Did you include a clear request or proposed settlement?
- Did you keep the tone firm but respectful?
- Did you keep proof of sending and receipt?
For delivery, use a method that creates a record: personal delivery with receiving copy, registered mail, courier tracking, official company email, HR ticketing system, or agency filing portal, depending on the situation.
Frequently Asked Questions
What should I write in a position letter for a workplace dispute?
Write a clear response to the specific workplace issue. State when you received the notice, whether you admit or deny the charge, your factual explanation, the documents or witnesses supporting you, and the outcome you request. If you need a hearing or copies of evidence, request them in writing.
Is a position letter the same as a position paper in the NLRC?
Not always. A position letter is a flexible document used to explain your side. An NLRC position paper is a formal submission required in a labor case, usually with verification, supporting documents, and witness affidavits. Under the 2025 NLRC Rules, position papers must be tied to the claims and causes of action in the complaint or amended complaint. (Studocu)
Does a position letter need to be notarized?
Usually, a simple position letter does not need notarization. But if it is an affidavit, sworn statement, verification, or document required by an agency, tribunal, or court to be under oath, notarization may be necessary. Notarial rules generally require personal appearance and competent evidence of identity. (Supreme Court of the Philippines)
How long should a position letter be?
For a workplace written explanation, two to five pages is often enough if the facts are straightforward. For a complex dispute involving several issues, attachments, and computations, it may be longer. The better rule is: include every important fact and document, but remove repetition, insults, and irrelevant history.
Can I use screenshots as evidence?
Yes, screenshots can help, especially for emails, chats, online posts, payroll discussions, and instructions. Keep the original source, timestamps, URLs, phone, account, or email trail. Do not edit the screenshots. For formal proceedings, electronic evidence may need proper authentication under the Rules on Electronic Evidence. (Lawphil)
Can I secretly record a meeting and attach it to my letter?
Be very careful. The Anti-Wiretapping Act, Republic Act No. 4200, prohibits secretly recording private communications without authorization from all parties to the private communication. (Lawphil) A safer approach is to take written notes, send a confirmation email after the meeting, ask permission to record, or request that the meeting minutes be documented.
What if I am an OFW or foreigner outside the Philippines?
You can prepare and send a position letter by email if the recipient accepts it, but sworn documents, affidavits, authorizations, and powers of attorney may need consular notarization or apostille depending on where they are executed and where they will be used. Philippine embassies and consulates commonly require personal appearance for consular notarization of private documents for use in the Philippines. (Philippine Embassy)
Should I include legal citations in my position letter?
Include legal citations when they help, but do not overload the letter. In a workplace due process reply, citing DOLE rules may be useful. In a collection dispute, citing the Civil Code provisions on contracts, demand, and delay may help. In barangay conciliation, simple facts and a practical settlement proposal are usually more effective than a technical legal argument.
What if the other side ignores my position letter?
Keep proof that the letter was sent and received. Depending on the dispute, the next step may be a follow-up letter, barangay conciliation, DOLE SEnA, an NLRC complaint, an agency complaint, or a court case. For labor issues, SEnA generally provides a 30-day conciliation-mediation process before further proceedings. (NCMB)
Key Takeaways
- A position letter should explain your side clearly, calmly, and with evidence.
- Start with the purpose, then present a timeline, issues, legal or contractual basis, attachments, and requested remedy.
- In workplace disputes, answer the exact charge and observe deadlines, especially when replying to a Notice to Explain.
- For labor cases, remember the difference between an informal position letter and a formal NLRC position paper.
- For civil disputes, a written demand may have legal effects under the Civil Code, especially for delay and prescription.
- Avoid insults, secret recordings, careless admissions, and public posts that can create new legal problems.
- Label all attachments and keep proof of sending, receipt, and follow-up.
- For OFWs and foreigners, notarization, consular notarization, or apostille requirements may matter when sworn documents are signed abroad.