Drafting Position Paper for NLRC Case
The user wants a thorough legal article on how to draft a position paper for an NLRC illegal dismissal case in the Philippines, without using external sources. I need to cover everything from the legal framework based on the Labor Code, to procedural guidelines, and the elements required for the position paper. I'll also provide tips on evidence, jurisprudence, format, the employer vs. employee perspective, and the right tone. This should help the user understand how to craft a strong position paper.
Drafting NLRC Position Paper
For an NLRC position paper relating to an illegal dismissal case in the Philippines, I’ll start with the introduction, followed by a breakdown of the legal basis under Rule V of the NLRC Rules and relevant provisions of the Labor Code. I'll cover the required contents like statement of facts, arguments, and the evidence needed, such as payroll and termination notices. I'll discuss the burden of proof for the employer and damages sought. I'll also highlight leading jurisprudence and offer insights into how employers or employees can frame their positions.
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How to Draft a Position Paper for an NLRC Illegal Dismissal Case
(Philippine Labor Law Practice Guide)
Scope & intent. This article explains—in one place—every major point you need to know when preparing a Position Paper (PP) before the National Labor Relations Commission (NLRC) in an illegal-dismissal dispute under the Philippine Labor Code. It follows the 2023 NLRC Rules of Procedure (Department Order No. 40-03, as last amended) and recent Supreme Court jurisprudence up to April 2025. It is written for advocates on either side, but the examples lean toward the employee-complainant because that is the more common audience. The discussion is educational, not a substitute for individualized legal advice.
1. Procedural Framework
| Item | Core Rule / Provision | Key take-away |
|---|---|---|
| Governing Rules | NLRC Rules of Procedure (as amended 2023) | Rule V details post-conference pleadings. |
| Timetable | Rule V, §5 | PP due 10 calendar days from last mandatory conciliation–mediation conference (MCMC), extendible once on meritorious written motion filed before original deadline. |
| Reply PP | Rule V, §6 | Optional, within 10 calendar days from receipt of opponent’s PP. |
| Form | Rule V, §7 | Must be verified, include a certificate of non-forum-shopping, and be filed in original plus four copies. |
| Evidence regime | Rule V, §8 | All documentary and sworn statements must be attached; no collection of evidence after filing absent exceptional circumstances. |
Practical checklist
- Calendar the final MCMC date; add 10 days—this is non-extendible unless motion to extend is filed on or before that 10-day mark.
- Gather, paginate, and label evidence during the MCMC phase; do not wait for PP.
- Prepare a Verification & CNFS signed by the real party, notarized in ink.
2. Purpose & Strategic Mindset
A Position Paper is simultaneously:
- Pleading of fact – your last chance to narrate a coherent story uncontested by cross-examination.
- Legal memorandum – where you knit facts and law, citing statutes, DOLE issuances, and Supreme Court decisions.
- Permanent evidentiary record – the Labor Arbiter’s decision and all appellate levels rely mostly on what the PP already contains; new evidence is barred except for “substantial justice” exceptions.
Think of it as a mini-decision you want the Arbiter to adopt wholesale.
3. Drafting Architecture—Section-by-Section Guide
3.1 Caption
Follow the NLRC template exactly:
- Region & branch (e.g., NLRC, Regional Arbitration Branch IV).
- Case number (if assigned).
- Names of parties (COMPLAINANT vs. RESPONDENT). Add “(ILLEGAL DISMISSAL)” under the case number to aid docket officers.
3.2 Title
POSITION PAPER (Complainant / Respondent)
3.3 Statement of the Facts
Goal: a chronological, numbered narrative citing exhibit tags.
| Technique | Tips |
|---|---|
| Start at hiring | Show status of employment: regular, project, fixed-term, etc. |
| Use dates & exhibits | “On 12 March 2024 (Annex ‘B’), …” |
| Weave legal relevance | Insert brief parenthetical: “without required 30-day notice under Art. 298.” |
3.4 Issues
List as yes-or-no questions; e.g.:
- Whether complainant was illegally dismissed.
- Whether complainant is entitled to reinstatement with full backwages and other monetary claims.
- Whether respondent is liable for moral and exemplary damages and attorney’s fees.
3.5 Arguments / Discussion
Organize each issue into sub-sections:
- Applicable law – Quote or paraphrase the Labor Code article, DOLE issuance, or constitutional provision.
- Jurisprudence – Summarize the controlling case in 2-3 lines; give full citation (G.R. No., date).
- Application to facts – Connect a fact paragraph to each legal element, citing your exhibit.
- Conclusion – One-sentence finding you want the Arbiter to reach.
Pro-tip: Use headings like A. Dismissal Must Be for a Just or Authorized Cause then B. Burden of Proof Rests on the Employer (see Lopez v. Irvine Construction, G.R. No. 269059, 27 Feb 2023).
3.6 Reliefs (Prayer)
For the employee-complainant:
WHEREFORE, premises considered, it is respectfully prayed that judgment be rendered ordering respondent to— a) Reinstate complainant without loss of seniority; b) Pay full backwages from 29 Jan 2025 until actual reinstatement; c) Pay separation pay in lieu if reinstatement is no longer feasible; d) Pay 13th-month differentials, service-incentive leave pay, holiday pay; e) Pay P100,000 moral and P100,000 exemplary damages; f) Pay 10% of total award as attorney’s fees; and g) Such other reliefs just and equitable.
For the employer-respondent, inverse the prayer—“DISMISS the complaint for utter lack of merit”, etc.
3.7 Verification & Certification of Non-Forum-Shopping
- Use the Unified Verification/CNFS form.
- Sign before a notary public; attach competent evidence of identity (government ID number).
- Corporate respondents must show board authority or secretary’s certificate.
3.8 Annexes—Documentary & Affidavit Evidence
Label sequentially Annex “A”, “B”, “C”… Include:
| Evidence | Typical relevance |
|---|---|
| Employment contract / Appointment | Establish employment status. |
| Payroll summaries | Quantify backwages. |
| Notice to explain & termination notice | Show (non-)compliance with twin-notice rule. |
| Company rules & regulations (CRR) | Just cause defense. |
| SSS/RICE/Tax records | Prove actual pay & deductions. |
| Sworn statements of witnesses | Replaces oral testimony; must be notarized. |
Paginate each page and create a Documentary & Witness List index after the Prayer.
4. Substantive Law Primer for Illegal Dismissal
| Article | Old number → New number | Essence |
|---|---|---|
| 297 (old 282) | Just causes – serious misconduct, willful disobedience, etc. | |
| 298 (old 283) | Authorized causes – installation of labor-saving devices, redundancy, retrenchment, closure. | |
| 299 (old 284) | Disease as ground. | |
| 292 (old 277b) | Employer’s burden of proof. | |
| 305 (old 288) | Reinstatement without bond pending appeal. |
Twin requirements: (a) existence of a valid cause under Art. 297-299, and (b) observance of due process—Agabon v. NLRC doctrine: monetary indemnity instead of reinstatement if dismissal has substantive cause but defective procedure.
Leading 2020-2025 Supreme Court cases to cite
| Case | G.R. No. & Date | Holding |
|---|---|---|
| Lopez v. Irvine Construction | 269059, 27 Feb 2023 | Re-stated that the employer must present evidence of authorized-cause bona fides; mere assertion of redundancy is insufficient without a new staffing pattern. |
| Philippine Airlines v. Canto | 253041, 10 Oct 2022 | Clarified computation of backwages should include allowances and salary adjustments up to finality. |
| Skechers Phils. v. Rivera | 237747, 02 Aug 2021 | Declared that an employer’s internal affidavits are self-serving unless corroborated by object evidence. |
| Robinsons Land v. Mojica | 234674, 03 Dec 2020 | Upheld separation pay in lieu because reinstatement had become impossible after 12 years of litigation. |
5. Evidentiary Theory & Tactics
5.1 Burden Shifts
- Employee: prima facie proof of dismissal (e.g., denial of entry, termination memo).
- Employer: proof of lawful cause and due process.
Failing the second, dismissal is illegal even if employee’s behavior seemed blameworthy (Pepsi-Cola v. Molon, G.R. No. 175002).
5.2 Quantum of Proof
- Substantial evidence (that amount of relevant evidence which a reasonable mind might accept as adequate to support a conclusion).
- Hearsay not allowed unless admitted without timely objection (flexible under NLRC).
- Photocopies: acceptable if authenticity is not specifically denied; better attach certification.
5.3 Affidavits versus Live Testimony
Under Art. 227(b) and Rule V, written sworn statements suffice; cross-examination is discretionary. Draft affidavits with question-and-answer format, complete narrative, and identify exhibits referred to.
6. Writing Style & Formatting Conventions
| Aspect | Best practice |
|---|---|
| Font & spacing | 12-pt, Times New Roman, 1.5 spacing; margins 1-inch. |
| Headings | Boldface, uppercase for major sections (FACTS, ISSUES); italicized sub-headings. |
| Citations | “(Agabon v. NLRC, G.R. No. 158693, 17 Nov 2004).” No need for SCRA/Phil Reports. |
| Pagination | Footer center (“Page 1 of 15”). |
| Annex tabs | Colored folder or side tab “Annex ‘A’”. |
| Copies | Provide five sets (one original for docket, four copies). Serve by personal service or registered mail w/ registry return card. |
Avoid inflammatory adjectives; let the facts speak.
Remember Rule II, §2: pleadings with “scandalous or indecent matter” may be expunged.
7. Common Pitfalls & How to Avoid Them
| Pitfall | Cure |
|---|---|
| Late filing of PP | File motion to extend before expiry, citing “complex factual and documentary issues”; attach draft PP to show good faith. |
| No CNFS | Leads to immediate dismissal; always attach. |
| Unsupported computation of money claims | Provide payroll summaries, latest wage orders, and Excel-generated schedule with columns: Period, Rate, Days, Amount. |
| Relying on e-mail printouts without authentication | Attach IT officer’s affidavit or submit metadata certification. |
| Over-pleading damages | Align with jurisprudence: moral & exemplary usually P50-100k each unless special circumstances. |
8. Template Skeleton (Employee-Complainant)
REPUBLIC OF THE PHILIPPINES
NATIONAL LABOR RELATIONS COMMISSION
Regional Arbitration Branch III, San Fernando City, Pampanga
JUAN DELA CRUZ, NLRC RAB-III Case No. ________
Complainant, (ILLEGAL DISMISSAL)
– versus –
ACME MANUFACTURING, INC.,
Respondent.
--------------------------------------------/
POSITION PAPER
(for the Complainant)
I. STATEMENT OF FACTS
1. Complainant Juan dela Cruz was hired on … (Annex “A”) …
II. ISSUES
1. Whether complainant was illegally dismissed…
III. ARGUMENTS
A. THE DISMISSAL IS ILLEGAL…
1. Absent any just or authorized cause under Arts. 297-299…
2. Respondent failed to observe due process (twin-notice rule)…
B. COMPLAINANT IS ENTITLED TO REINSTATEMENT…
IV. RELIEFS PRAYED FOR
WHEREFORE, premises considered, it is respectfully prayed…
RESPECTFULLY SUBMITTED.
San Fernando City, Pampanga, 15 April 2025.
[signature]
JUAN DELA CRUZ
Complainant
Assisted by:
[signature]
ATTY. MARIA B. TALA
Counsel
Roll No. xxx; IBP No. xxx
MCLE Compliance No. xxx
VERIFICATION & CERTIFICATION OF NON-FORUM-SHOPPING
…
SUBSCRIBED AND SWORN…(Attach Annex “A” to “N,” Affidavit 1 to 3, Document Index.)
9. Employer-Respondent Focus Points
- Affirmative Defenses: lack of employer-employee relationship (independent contractor), prescription (4 years for actions predicated on injury to rights), improper venue.
- Cause narrative: show incident reports, NTE, written explanation, minutes of administrative hearing, decision notice.
- Authorized-cause dismissal: prove good-faith criteria (Alcantara v. Shangri-La, G.R. No. 192907, 04 Aug 2021)—(1) written notice to DOLE & employee 30 days prior, (2) fair & reasonable criteria, (3) business necessity.
- Separation Pay: compute under formula (½-month salary per year of service for redundancy, retrenchment, closure; 1-month for labor-saving device installation).
- Mitigating absence of due process: invoke Jaka Food Processing v. Pacot doctrine—nominal damages (P30-50k) not full backwages if cause is valid but process flawed.
10. Final Quality-Control Program
| Stage | Task |
|---|---|
| Content audit | Cross-check every factual assertion against an exhibit tag. |
| Legal audit | Shepardize case citations; ensure no overruled doctrine. |
| Technical audit | Verify page numbers, annex sequence, notarization dates, lawyer’s MCLE compliance. |
| Filing logistics | Prepare: (a) acknowledgement receipts for personal service, or (b) registry slips & tracking for registered mail. |
| Digital backup | Keep PDF & Word versions; NLRC branches now accept e-mail courtesy copies. |
11. Conclusion
A well-drafted Position Paper is the linchpin of an NLRC illegal-dismissal case. By combining a meticulously organized factual narrative, up-to-date legal authorities, and properly authenticated evidence—within the tight procedural timetable—you position your client for victory not only before the Labor Arbiter but throughout the appellate ladder. Invest the extra hours in calibrated storytelling and evidence-driven argumentation; those hours often translate to millions of pesos in monetary awards or savings.
Quick Reference
- Deadline: 10 days from last MCMC (§5, Rule V).
- Core structure: Facts → Issues → Arguments → Prayer → Verification/CNFS → Annexes.
- Evidence mantra: Label, Paginate, Authenticate.
- Lead case for procedure: Agabon v. NLRC, G.R. No. 158693 (Nov 17 2004).
- Lead case for computation: Philippine Airlines v. Canto, G.R. No. 253041 (Oct 10 2022).
Write clearly. Argue persuasively. Attach everything. File on time.