A Legal Article in the Philippine Context

I. Introduction

A position paper is a written pleading, submission, or statement explaining a party’s facts, arguments, evidence, and requested relief. In the Philippines, position papers are commonly required in administrative, quasi-judicial, labor, barangay-related, regulatory, school, employment, professional discipline, and government proceedings.

Unlike a full trial memorandum, a position paper is usually meant to be concise, organized, evidence-based, and supported by attached documents. It is often submitted after the parties have been directed by an officer, hearing body, labor arbiter, investigator, committee, or tribunal to state their respective positions in writing.

A position paper may be required in proceedings before or involving:

The National Labor Relations Commission;
Labor arbiters;
Department of Labor and Employment offices;
National Conciliation and Mediation Board processes;
Administrative agencies;
Local government offices;
School disciplinary bodies;
Homeowners’ associations or condominium corporations;
Professional regulatory boards;
Barangay or lupon-related matters where written submissions are accepted;
Company administrative investigations;
Government procurement or licensing disputes;
Other quasi-judicial or administrative bodies.

A position paper is important because it may become the primary basis for deciding the dispute. In many summary proceedings, the deciding authority may resolve the matter based mainly on position papers, affidavits, and documentary evidence, without a full-blown trial.

II. What Is a Position Paper?

A position paper is a written document that presents a party’s side of a dispute. It usually contains:

The party’s version of the facts;
The issues for resolution;
The legal or policy basis supporting the party’s position;
The evidence relied upon;
The relief or action requested;
Attachments such as affidavits, contracts, notices, receipts, photos, messages, records, and certifications.

A position paper is not merely a complaint letter. It should be structured and persuasive. It should tell the decision-maker what happened, why the law or rules favor the submitting party, and what result should be granted.

III. Is a Position Paper the Same as an Affidavit?

No. A position paper and an affidavit are different.

An affidavit is a sworn written statement of facts made by a person with personal knowledge. It is usually written in the first person and notarized or otherwise sworn before an authorized officer.

A position paper is broader. It may include facts, arguments, legal discussion, and a prayer for relief. It may attach affidavits as supporting evidence.

In many proceedings, the position paper itself may be verified or sworn, and the attached witness statements may be in affidavit form.

IV. Is a Position Paper the Same as a Memorandum?

Not exactly.

A memorandum usually focuses on legal arguments and analysis, often after evidence has already been submitted.

A position paper usually combines both facts and arguments. It may be used earlier in the process and may include evidence as attachments.

However, in practice, some offices use the terms loosely. A directive may say “position paper,” “memorandum,” “explanation,” “comment,” or “verified position paper.” The safest approach is to follow the exact order or notice requiring the submission.

V. When Is a Position Paper Required?

A position paper may be required when:

A complaint has been filed;
An administrative investigation is pending;
A labor case is submitted for decision;
A government office asks parties to explain their positions;
A company directs an employee to submit an explanation;
A school disciplinary body asks for written submissions;
A regulatory body requires comments;
A tribunal dispenses with formal trial and requires documentary submissions;
The parties are ordered to submit evidence and arguments in writing.

The notice or order requiring the position paper usually states:

Who must file;
Deadline for filing;
Number of copies;
Whether it must be verified;
Whether notarization is required;
Whether supporting affidavits are needed;
Where and how to file;
Whether service on the other party is required.

VI. Why a Position Paper Matters

A position paper matters because it may determine the outcome of the case.

In many administrative and labor proceedings, the deciding officer may not conduct a lengthy trial. Instead, the officer may decide based on:

Position papers;
Reply position papers;
Affidavits;
Documentary evidence;
Admissions;
Official records;
Applicable rules.

A weak or incomplete position paper may result in dismissal, denial of claims, adverse findings, or loss of defenses. A well-prepared position paper can clarify facts, preserve legal arguments, and strengthen the party’s case.

VII. Who May Prepare a Position Paper?

A position paper may be prepared by:

The party personally;
A lawyer;
A company representative;
A union representative;
A paralegal or authorized representative, depending on the forum;
A government or agency officer, if acting for an office;
A consultant or adviser, subject to the rules of the proceeding.

In formal legal proceedings, especially labor, administrative, or quasi-judicial cases, legal assistance is strongly advisable because mistakes in facts, admissions, or legal arguments may be difficult to undo.

VIII. Who Signs a Position Paper?

The signatory depends on the nature of the case and the forum.

A position paper may be signed by:

The individual party;
Counsel for the party;
An authorized corporate officer;
An employer’s authorized representative;
A government officer;
A guardian or legal representative;
A complainant or respondent personally.

If the position paper contains a verification, the party or authorized representative with personal knowledge of the facts should sign the verification.

If the party is a corporation, association, cooperative, partnership, or other juridical entity, the representative may need proof of authority, such as:

Board resolution;
Secretary’s certificate;
Special power of attorney;
Authorization letter;
Corporate secretary certification;
Partnership authorization;
Management authorization.

IX. Does a Position Paper Need to Be Notarized?

It depends on the rules of the office, tribunal, or proceeding.

A position paper may need notarization if:

It is required to be verified;
It contains sworn factual statements;
It includes an affidavit;
The tribunal requires a verified position paper;
The position paper includes a certification against forum shopping;
The filing rules require notarized pleadings;
The party wants to give sworn evidentiary value to statements;
The attached documents include affidavits or sworn declarations.

If the order merely asks for a written position paper and does not require verification, notarization may not be strictly necessary. However, many formal proceedings require verification and sworn supporting affidavits, making notarization common.

X. What Does Notarization Do?

Notarization converts a private document into a public document for certain evidentiary purposes. It also confirms that the signatory personally appeared before the notary public, presented competent evidence of identity, and acknowledged signing the document.

Notarization does not automatically make the contents true. It does not mean the notary verified every factual statement. It means the document was properly acknowledged or sworn before a notary.

For affidavits and verified submissions, notarization adds solemnity and may allow the document to be considered as sworn evidence.

XI. Types of Notarial Acts Relevant to Position Papers

A position paper may involve different notarial acts.

A. Acknowledgment

In an acknowledgment, the person appears before the notary and acknowledges that he or she voluntarily signed the document.

This is commonly used for contracts, authorizations, and pleadings requiring notarization.

B. Jurat

In a jurat, the person swears or affirms before the notary that the contents of the document are true and correct.

This is commonly used for affidavits, verifications, sworn statements, and verified position papers.

A position paper with factual statements and verification often uses a jurat.

C. Certification or Copy Certification

A notary may certify copies in some contexts, but many offices prefer certified true copies issued by the custodian of the original document, such as a civil registrar, employer, school, bank, government office, or corporate secretary.

XII. Preparing a Position Paper: Overview

A good position paper should be:

Accurate;
Chronological;
Organized;
Supported by evidence;
Clear on issues;
Respectful in tone;
Legally grounded;
Specific in requested relief;
Consistent with attachments;
Filed on time.

The goal is to make it easy for the decision-maker to understand:

What happened;
What issues must be resolved;
What evidence proves your version;
What rules apply;
What decision should be made.

XIII. Before Drafting: Read the Order or Notice Carefully

Before writing, read the order requiring the position paper.

Check:

Deadline;
Required number of copies;
Page limit, if any;
Format requirements;
Required attachments;
Whether affidavits are required;
Whether notarization is required;
Whether a reply is allowed;
Whether service to the opposing party is required;
Whether electronic filing is allowed;
Whether hard copies are required;
Whether original documents must be shown;
Whether the case is submitted for decision after filing.

Missing a requirement can prejudice the case.

XIV. Gather the Facts

Before drafting, prepare a factual timeline.

Ask:

When did the dispute begin?
Who are the parties?
What happened first?
What documents were issued?
What meetings occurred?
What notices were sent?
What payments, acts, or omissions happened?
Who witnessed key events?
What evidence supports each fact?
What deadlines or legal periods matter?
What harm or damage resulted?
What remedy is being requested?

A timeline prevents confusion and helps ensure that the position paper is coherent.

XV. Gather the Evidence

Evidence should be attached and marked.

Common attachments include:

Contracts;
Receipts;
Invoices;
Payslips;
Employment records;
Notices to explain;
Preventive suspension notices;
Termination notices;
Demand letters;
Reply letters;
Emails;
Text messages;
Chat screenshots;
Photos;
Videos, if allowed;
Medical records;
Incident reports;
Police blotters;
Barangay records;
Attendance records;
Timekeeping records;
Company policies;
Employee handbook excerpts;
Board resolutions;
Certifications;
Affidavits of witnesses;
Government records;
Official receipts;
Bank records;
Delivery records;
Inspection reports.

Each attachment should serve a purpose. Avoid attaching irrelevant documents that may distract from the issues.

XVI. Marking Attachments

Attachments are commonly marked as annexes.

For example:

Annex “A” – Employment Contract;
Annex “B” – Notice to Explain dated January 10, 2026;
Annex “C” – Employee’s Written Explanation;
Annex “D” – CCTV Screenshot;
Annex “E” – Affidavit of Witness Juan Santos;
Annex “F” – Termination Notice.

If there are many documents, use sub-markings:

Annex “A-1”
Annex “A-2”
Annex “B-1”
Annex “B-2”

Every annex mentioned in the position paper should actually be attached. Every attached annex should be mentioned or explained in the position paper.

XVII. Basic Structure of a Position Paper

A formal position paper commonly contains the following parts:

Caption;
Title;
Introduction or prefatory statement;
Statement of facts;
Issues;
Arguments or discussion;
Evidence or supporting documents;
Prayer or relief;
Signature;
Verification, if required;
Certification against forum shopping, if required;
Notarial section;
List of annexes;
Proof of service, if required.

The exact format depends on the tribunal or office.

XVIII. The Caption

The caption identifies the office, parties, and case number.

Example:

REPUBLIC OF THE PHILIPPINES NATIONAL LABOR RELATIONS COMMISSION Regional Arbitration Branch No. ___ City of ________

JUAN DELA CRUZ, Complainant,

-versus-

ABC COMPANY, INC., Respondent.

NLRC Case No. ________

POSITION PAPER FOR RESPONDENT

For administrative cases:

REPUBLIC OF THE PHILIPPINES OFFICE OF THE ________ City of ________

In Re: Administrative Complaint Against ________ Case No. ________

POSITION PAPER

For company administrative investigations:

IN THE MATTER OF THE ADMINISTRATIVE INVESTIGATION OF JUAN DELA CRUZ Employee No. ________

POSITION PAPER / WRITTEN EXPLANATION

XIX. The Title

The title should state whose position paper it is.

Examples:

Position Paper for Complainant;
Position Paper for Respondent;
Verified Position Paper;
Respondent’s Position Paper;
Complainant’s Position Paper with Annexes;
Supplemental Position Paper;
Reply Position Paper.

If the order requires a verified position paper, label it accordingly.

XX. The Introduction

The introduction should briefly state the party’s position.

Example:

Respondent respectfully submits this Position Paper to show that complainant was dismissed for just cause and after observance of procedural due process. The evidence shows that complainant committed serious misconduct and willful disobedience of lawful company rules, and that respondent complied with the required notices and hearing opportunity.

For a complainant:

Complainant respectfully submits this Position Paper to show that he was illegally dismissed, denied due process, and deprived of wages and benefits. The evidence establishes that respondent terminated complainant without valid cause and without compliance with the required procedure.

The introduction should not be too long. It should preview the main argument.

XXI. Statement of Facts

The statement of facts is the factual heart of the position paper.

It should be:

Chronological;
Specific;
Supported by documents;
Neutral in tone;
Free from exaggeration;
Focused on material facts.

Avoid vague statements such as:

Respondent has always been abusive.

Instead, write:

On March 5, 2026, respondent issued a Notice to Explain accusing complainant of absence without leave for February 28 to March 2, 2026. A copy of the Notice to Explain is attached as Annex “A.”

Facts should be connected to annexes.

XXII. Common Mistakes in the Statement of Facts

Avoid these mistakes:

Too much emotion Insults and accusations weaken credibility.
No dates Dates matter for prescription, notice, due process, and chronology.
No evidence Unsupported claims are weak.
Contradictions The facts must match affidavits and attachments.
Irrelevant background Include only what helps resolve the issues.
Admissions against interest Be careful not to admit facts unnecessarily.
Speculation State what you know and can prove.
Mixing facts and arguments confusingly Facts should be clear before legal discussion begins.

XXIII. Issues

The issues identify what the decision-maker must resolve.

Examples in a labor dismissal case:

Whether complainant was dismissed for a just or authorized cause;
Whether procedural due process was observed;
Whether complainant is entitled to reinstatement, backwages, separation pay, damages, or attorney’s fees.

Examples in a money claim:

Whether respondent is liable to pay the amount claimed;
Whether complainant proved the existence and amount of the debt;
Whether interest and penalties are valid and enforceable.

Examples in an administrative case:

Whether respondent committed the acts charged;
Whether the evidence satisfies the required standard;
What penalty, if any, should be imposed.

Good issue framing helps control the discussion.

XXIV. Arguments and Discussion

This section explains why the facts and law support your position.

Each issue should be discussed separately.

A useful format is:

State the issue;
State the rule or principle;
Apply the facts and evidence;
State the conclusion.

Example:

I. Respondent complied with procedural due process.

Procedural due process in employee dismissal requires notice of the charge, opportunity to explain, and notice of decision. In this case, respondent issued a Notice to Explain on January 10, 2026, allowed complainant to submit a written explanation, conducted a conference on January 15, 2026, and issued a Notice of Decision on January 20, 2026. These documents are attached as Annexes “A,” “B,” “C,” and “D.” Therefore, respondent complied with the required procedure.

XXV. Legal Basis

The legal basis depends on the proceeding.

Possible legal sources include:

Constitution;
Statutes;
Labor Code;
Civil Code;
Revised Penal Code;
Rules of Court;
Special laws;
Administrative rules;
Department orders;
Company policies;
School handbook;
Civil service rules;
Local ordinances;
Contracts;
Collective bargaining agreements;
Agency regulations;
Jurisprudence, when applicable.

The position paper should not overload the reader with law. It should cite or discuss only the rules that matter.

XXVI. Use of Jurisprudence

Legal cases may strengthen a position paper, especially in formal proceedings.

However:

Do not cite cases without understanding them;
Do not quote long passages unnecessarily;
Make sure the case applies to the facts;
Do not rely on outdated or inapplicable doctrines;
Do not use legal citations to hide weak facts.

In simple administrative or company proceedings, plain explanation of rules and evidence may be more effective than excessive legal citation.

XXVII. Evidence in Position Papers

A position paper should not merely assert facts. It should prove them.

For example:

Weak:

Complainant was absent many times.

Better:

Complainant was absent without approved leave on February 3, 4, 5, 10, and 11, 2026, as shown by the attendance records attached as Annexes “B” to “B-4.”

Weak:

Respondent failed to pay.

Better:

Respondent acknowledged the outstanding balance of ₱85,000.00 in his text message dated March 12, 2026, a screenshot of which is attached as Annex “C.”

XXVIII. Affidavits of Witnesses

If witness testimony is important, attach affidavits.

A witness affidavit should state:

Full name;
Age;
Address;
Relationship to the case;
Facts personally known to the witness;
Date and place of relevant events;
Documents or photos identified by the witness;
Statement that the affidavit is executed freely;
Signature;
Jurat before a notary public.

The witness should not testify to matters he or she did not personally see, hear, or know.

XXIX. Screenshots, Text Messages, and Digital Evidence

Digital evidence is common in position papers.

Examples include:

SMS screenshots;
Messenger conversations;
Viber chats;
WhatsApp messages;
Emails;
Social media posts;
App notifications;
Call logs;
Online payment confirmations;
CCTV screenshots.

When using digital evidence:

Identify the sender and recipient;
Show date and time;
Preserve full conversation context;
Avoid cropped screenshots that appear misleading;
Print clearly;
Attach device-generated metadata if available;
Have the person who took or received the messages execute an affidavit;
Keep original files or device records.

Digital evidence may be questioned if altered, incomplete, or unauthenticated.

XXX. Photos and Videos

Photos and videos can be useful in incidents involving property damage, workplace accidents, injuries, conduct, or physical conditions.

For photos:

Identify who took the photo;
State when and where it was taken;
Explain what it shows;
Attach clear printed copies;
Keep original files.

For videos:

Identify source;
State date and time;
Provide still screenshots if useful;
Submit storage media if allowed;
Follow the tribunal’s rules for electronic evidence.

XXXI. Prayer or Relief

The prayer states what you want the decision-maker to do.

Examples:

For complainant:

WHEREFORE, premises considered, complainant respectfully prays that judgment be rendered declaring complainant illegally dismissed and ordering respondent to pay backwages, separation pay in lieu of reinstatement, unpaid wages, 13th month pay, service incentive leave pay, damages, attorney’s fees, and such other reliefs as are just and equitable.

For respondent:

WHEREFORE, premises considered, respondent respectfully prays that the complaint be dismissed for lack of merit. Respondent further prays for such other reliefs as are just and equitable.

For administrative defense:

WHEREFORE, respondent respectfully prays that the administrative complaint be dismissed for insufficiency of evidence. In the alternative, respondent prays that any penalty, if warranted, be mitigated in view of the circumstances stated herein.

The prayer should be specific enough to guide the decision-maker.

XXXII. Signature Block

The signature block should include:

Name of party or counsel;
Address;
Roll number, IBP number, PTR number, MCLE compliance number, and email, if signed by counsel;
Contact number;
Date;
Signature.

For non-lawyer submissions, include:

Full name;
Address;
Contact number;
Email address;
Signature.

For corporate representatives, state designation and authority.

XXXIII. Verification

A verification is a sworn statement that the allegations are true and correct based on personal knowledge or authentic records.

A typical verification states:

I, Juan Dela Cruz, of legal age, Filipino, and residing at ________, after being duly sworn, state that I am the complainant in this case; that I caused the preparation of the foregoing Position Paper; that I have read its contents; and that the allegations therein are true and correct based on my personal knowledge and authentic records.

Verification must be signed before a notary or authorized officer if required.

XXXIV. Certification Against Forum Shopping

In court and many quasi-judicial proceedings, a certification against forum shopping may be required.

It generally states that the party:

Has not commenced another action or proceeding involving the same issues in any court, tribunal, or agency;
To the best of the party’s knowledge, no such action is pending;
If the party learns of a similar action, the party will inform the tribunal within the required period.

A defective or missing certification can cause dismissal in proceedings where it is required.

Not every informal position paper requires this certification. But if the tribunal’s rules require it, it must be included.

XXXV. Notarization Requirements in the Philippines

For notarization, the signatory must personally appear before the notary public.

The notary should require:

Personal appearance;
Competent evidence of identity;
Original document;
Signature in the notary’s presence or acknowledgment of signature;
Notarial register entry;
Notarial seal and details.

The signatory should not ask someone else to notarize a document without personal appearance. That is improper and may make the notarization defective.

XXXVI. Competent Evidence of Identity

A notary public usually requires valid identification. Common IDs include:

Passport;
Driver’s license;
Unified Multi-Purpose ID;
SSS ID;
GSIS ID;
PRC ID;
IBP ID;
Voter’s ID or certification, if accepted;
Postal ID, if accepted;
Senior citizen ID, if accepted;
National ID or related identification, if accepted;
Other government-issued IDs with photograph and signature.

The notary may refuse notarization if the person cannot prove identity.

XXXVII. Personal Appearance Is Required

Personal appearance is a core requirement. A notarized document should not be notarized if the signer did not appear before the notary.

Improper practices include:

Sending a signed document through a messenger for notarization;
Having another person present the document;
Using a photocopy without the original signer;
Signing in blank and letting others complete the document;
Notarizing without valid ID;
Backdating notarization;
Notarizing outside the notary’s commission area;
Notarizing after the notary’s commission expired.

These defects may weaken or invalidate the notarization and expose participants to legal consequences.

XXXVIII. Jurat for Verified Position Paper

If the position paper is sworn, the notarial section may be a jurat.

It typically states that the affiant subscribed and sworn to the document before the notary on a certain date and place, presenting competent evidence of identity.

Example format:

SUBSCRIBED AND SWORN to before me this ___ day of ________ 2026 in ________, Philippines, affiant exhibiting to me his/her competent evidence of identity: ________ issued on ________ at ________.

The notary then signs and places the notarial seal and register details.

XXXIX. Acknowledgment for Position Paper

If the document is acknowledged rather than sworn, the notarial section states that the signatory acknowledged the document as his or her free and voluntary act.

An acknowledgment is common for documents where the important point is execution rather than sworn truth. For position papers with factual assertions, a jurat is more common if verification is required.

XL. Notarizing Attachments

Not every attachment must be notarized.

Documents that may need notarization include:

Affidavits;
Special powers of attorney;
Authorizations;
Sworn statements;
Certifications executed by private persons.

Documents that do not necessarily need notarization but may need certified copies include:

Government-issued certificates;
Official receipts;
Court documents;
Corporate documents;
Employment records;
School records;
Medical records.

A photocopy of a document may be attached, but some tribunals may require originals or certified true copies for important records.

XLI. Certified True Copies

A certified true copy is different from a notarized photocopy.

A certified true copy is usually issued by the official custodian of the record, such as:

Civil registrar;
PSA;
Court clerk;
Corporate secretary;
School registrar;
Employer’s HR office;
Government agency;
Bank officer, if allowed;
Medical records office.

If the authenticity of a document is important, obtain a certified true copy from the issuing office when possible.

XLII. Number of Copies

The required number of copies depends on the forum.

A party may need:

Original for the tribunal;
Copy for the opposing party;
Receiving copy for the filer;
Extra copies for each respondent or complainant;
Extra copies for counsel;
Extra copies for annexes.

Always keep a stamped receiving copy or proof of filing.

XLIII. Filing the Position Paper

Filing may be done by:

Personal filing at the office or tribunal;
Registered mail;
Accredited courier;
Electronic mail, if allowed;
Online filing portal, if available;
Filing through counsel;
Filing through authorized representative.

When filing personally, bring at least one receiving copy and ask the receiving clerk to stamp the date and time received.

When filing by mail or courier, keep:

Registry receipt;
Affidavit or proof of service, if required;
Tracking receipt;
Delivery confirmation.

When filing by email, save:

Sent email;
Attachments;
Acknowledgment receipt;
Auto-reply or confirmation;
Screenshot of successful transmission.

XLIV. Service on the Opposing Party

Some proceedings require that a copy be served on the opposing party or counsel.

Service may be made by:

Personal service;
Registered mail;
Courier;
Email, if allowed;
Other authorized mode.

Proof of service may be required. Failure to serve the other party may delay the proceedings or cause the filing to be disregarded.

XLV. Deadlines

Deadlines are critical.

A position paper filed late may be:

Denied admission;
Disregarded;
Treated as waiver;
Considered submitted without that party’s evidence;
Cause for adverse ruling.

If more time is needed, file a motion or request for extension before the deadline, if extensions are allowed. Do not assume that an extension will be granted.

XLVI. What If the Deadline Falls on a Weekend or Holiday?

In many legal proceedings, if the last day falls on a Saturday, Sunday, or legal holiday, filing may be made on the next working day. However, specific tribunals or administrative offices may have their own rules, especially for internal company investigations or electronic filings.

When in doubt, file earlier.

XLVII. Reply Position Paper

Some proceedings allow a reply after receiving the other party’s position paper.

A reply should be limited to responding to new matters, false claims, or evidence raised by the other party.

Avoid repeating the entire position paper. Focus on:

Contradictions;
Unsupported allegations;
Misleading evidence;
New documents;
Legal errors;
Clarifications.

A reply may also attach rebuttal evidence if allowed.

XLVIII. Supplemental Position Paper

A supplemental position paper may be filed when:

New evidence becomes available;
The tribunal orders clarification;
A new issue arises;
A party needs to correct or update factual matters.

It should not be used to endlessly delay proceedings. Permission may be required.

XLIX. Position Paper in Labor Cases

Position papers are especially important in labor cases.

In labor proceedings, the parties may be required to submit:

Verified position paper;
Supporting affidavits;
Documentary evidence;
Reply;
Rejoinder, if allowed.

Common labor case issues include:

Illegal dismissal;
Non-payment of wages;
Overtime pay;
Holiday pay;
Rest day pay;
13th month pay;
Service incentive leave;
Separation pay;
Retirement pay;
Constructive dismissal;
Misclassification as independent contractor;
Money claims;
Unfair labor practice;
Damages and attorney’s fees.

For employees, the position paper should prove employment relationship, dismissal or claim, unpaid benefits, and computation.

For employers, the position paper should prove valid cause, due process, payment, compliance, or absence of employer-employee relationship.

L. Position Paper in Company Administrative Investigations

In workplace investigations, a position paper or written explanation may be required after a notice to explain.

An employee should:

Read the charge carefully;
Identify the company rule allegedly violated;
State facts clearly;
Admit only what is true;
Attach evidence;
Explain mitigating circumstances;
Request dismissal of the charge or appropriate leniency;
Avoid hostile or disrespectful statements;
Keep a copy of submission.

An employer should ensure that the employee is given:

Clear charge;
Specific facts;
Reasonable opportunity to explain;
Hearing or conference when required by circumstances;
Written decision.

LI. Position Paper in Administrative Agency Cases

Administrative agencies may require position papers in licensing, disciplinary, regulatory, benefits, or compliance cases.

The position paper should follow the agency’s specific rules. Administrative agencies may have special requirements on:

Verified pleadings;
Sworn statements;
Electronic filing;
Page limits;
Forms;
Documentary proof;
Certification;
Filing fees;
Service.

Always follow the agency order over generic format.

LII. Position Paper in School Disciplinary Cases

Students may be asked to submit position papers or written explanations in disciplinary proceedings.

A student’s position paper should:

State the facts clearly;
Respond to each allegation;
Identify witnesses;
Attach messages, photos, or records;
Invoke school handbook procedures;
Ask for due process;
Explain mitigating circumstances;
Request dismissal or appropriate action.

Parents or guardians may assist, especially for minors. Schools must observe due process appropriate to the academic setting.

LIII. Position Paper in Barangay-Related Matters

Barangay conciliation is usually informal and personal appearance is generally expected. However, written position statements may sometimes be useful, especially to:

Explain non-appearance;
Object to jurisdiction;
Clarify facts;
Submit documents;
Request certification;
Record settlement terms;
Deny allegations.

A barangay position paper does not replace personal attendance when required, but it can help create a clear record.

LIV. Position Paper in Homeowners’ Association or Condominium Disputes

Associations may require position papers in disputes involving:

Dues;
Violations of deed restrictions;
Parking;
Noise;
Renovations;
Use of common areas;
Board disputes;
Election controversies;
Penalties;
Collection claims.

The position paper should cite the bylaws, master deed, house rules, board resolutions, notices, and payment records.

LV. Position Paper in Government Employment or Civil Service Matters

In government service, position papers may be required in administrative complaints or personnel actions.

The submission should address:

The charge;
Applicable civil service rules;
Factual evidence;
Official duties;
Documents;
Witness affidavits;
Due process;
Mitigating or aggravating circumstances.

Government employees should be careful with admissions because administrative liability may affect employment, benefits, eligibility, and future public service.

LVI. Drafting Style

A strong position paper uses clear and direct language.

Good style:

Short paragraphs;
Numbered paragraphs;
Clear headings;
Chronological facts;
Specific dates and amounts;
Proper annex references;
Respectful tone;
No unnecessary insults;
No dramatic exaggeration;
No unsupported conclusions.

Poor style:

Long emotional narratives;
Accusations without evidence;
Mixing unrelated complaints;
Repetition;
Irrelevant personal attacks;
Legal jargon without substance;
Missing dates;
Missing annexes.

LVII. Numbered Paragraphs

Numbered paragraphs help the decision-maker and opposing party refer to specific allegations.

Example:

Complainant was employed by respondent as Sales Associate on January 5, 2024. A copy of the employment contract is attached as Annex “A.”

On March 10, 2026, respondent issued a Notice to Explain alleging that complainant failed to remit collections. A copy of the Notice is attached as Annex “B.”

Complainant submitted a written explanation on March 12, 2026, denying the charge and attaching proof of remittance. A copy is attached as Annex “C.”

LVIII. Avoiding Harmful Admissions

A position paper should be truthful, but it should also be carefully worded.

Avoid unnecessary admissions such as:

“I admit I violated the rule, but only once.”
“I borrowed the money but intended to return it.”
“I was absent without permission because I was angry.”
“I signed the agreement even though I knew it was false.”

If a fact is damaging but true, it should be explained accurately and in context. Legal advice is important when admissions could lead to civil, criminal, or administrative liability.

LIX. Consistency Across Documents

The position paper must be consistent with:

Complaint;
Answer;
Affidavits;
Notices;
Emails;
Text messages;
Contracts;
Receipts;
Prior statements;
Testimony;
Company records.

Contradictions damage credibility. Before filing, compare all documents carefully.

LX. Computations

In money claims, attach a computation.

Examples:

Unpaid wages;
Overtime pay;
13th month pay;
Separation pay;
Backwages;
Service incentive leave;
Damages;
Rent arrears;
Loan balance;
Interest;
Penalties;
Reimbursements.

A computation should show:

Principal amount;
Period covered;
Rate used;
Formula;
Payments made;
Balance due;
Supporting documents.

Do not simply state a total amount without explanation.

LXI. Exhibits and Annex List

At the end, include a list of annexes.

Example:

Annex	Description
A	Employment Contract dated January 5, 2024
B	Notice to Explain dated March 10, 2026
C	Written Explanation dated March 12, 2026
D	Attendance Record for February 2026
E	Affidavit of Juan Santos
F	Notice of Decision dated March 20, 2026

This helps the tribunal locate evidence quickly.

LXII. Confidential Information

Be careful when attaching sensitive information, such as:

Medical records;
Bank records;
Personal data;
IDs;
Home addresses;
Children’s records;
Trade secrets;
Company financial records;
Private messages;
Employee records.

Attach only what is necessary. Consider redacting irrelevant sensitive details, unless the full document is required.

LXIII. Data Privacy Considerations

A party filing a position paper should avoid unnecessary disclosure of personal data. If personal data must be submitted, it should be relevant and proportionate.

For example, if attaching IDs, the tribunal may not need visible ID numbers unrelated to the issue. If attaching chat screenshots, unrelated private conversations may be redacted.

However, redactions should not mislead or hide material context.

LXIV. Language

Position papers may be written in English or Filipino, depending on the forum. In some local proceedings, a mix of English and Filipino may be accepted.

The important point is clarity. Use the language that best communicates the facts and arguments to the decision-maker, unless the rules require a specific language.

LXV. Formatting

A formal position paper commonly uses:

Letter-size or A4 paper, depending on office practice;
Readable font;
Reasonable margins;
Numbered pages;
Numbered paragraphs;
Headings and subheadings;
Annex labels;
Signature page;
Verification and notarization page, if required.

Some courts and agencies have specific formatting rules. Follow them.

LXVI. Common Parts of a Verified Position Paper

A verified position paper may be organized as follows:

Caption;
Title;
Prefatory statement;
Statement of facts;
Issues;
Arguments;
Prayer;
Signature;
Verification;
Certification against forum shopping, if required;
Notarial jurat;
Explanation and proof of service;
Annex list;
Annexes.

LXVII. Sample Skeleton Form

Below is a basic skeleton for a formal position paper:

REPUBLIC OF THE PHILIPPINES [NAME OF OFFICE/TRIBUNAL] [CITY/REGION]

[NAME OF COMPLAINANT], Complainant,

-versus-

[NAME OF RESPONDENT], Respondent.

Case No. ________

POSITION PAPER FOR [COMPLAINANT/RESPONDENT]

[Party], through undersigned counsel / respectfully states:

Prefatory Statement

This Position Paper is submitted to show that ________.

Statement of Facts

On ________, ________. Attached as Annex “A” is ________.

On ________, ________. Attached as Annex “B” is ________.

Issues

The issues are: a. Whether ________; b. Whether ________.

Arguments

I. [First Argument Heading]

________.

II. [Second Argument Heading]

________.

Prayer

WHEREFORE, premises considered, [party] respectfully prays that ________.

Other reliefs just and equitable are likewise prayed for.

Date and place.

Signature Name Address Contact details

LXVIII. Sample Verification

VERIFICATION

I, [Name], of legal age, Filipino, and residing at [address], after being duly sworn, state:

I am the [complainant/respondent/authorized representative] in this case;

I caused the preparation of the foregoing Position Paper;

I have read its contents;

The allegations therein are true and correct based on my personal knowledge and authentic records;

The annexes attached are faithful copies of the documents in my possession or obtained from proper sources.

IN WITNESS WHEREOF, I have signed this Verification on ________ at ________, Philippines.

[Signature] [Name]

LXIX. Sample Certification Against Forum Shopping

CERTIFICATION AGAINST FORUM SHOPPING

I, [Name], after being duly sworn, state:

I am the [complainant/respondent/authorized representative] in this case;

I have not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals, any court, tribunal, or agency;

To the best of my knowledge, no such action or proceeding is pending;

If I learn that a similar action or proceeding has been filed or is pending, I undertake to inform this Honorable Office within the period required by the rules.

IN WITNESS WHEREOF, I have signed this Certification on ________ at ________, Philippines.

[Signature] [Name]

LXX. Sample Jurat

SUBSCRIBED AND SWORN to before me this ___ day of ________ 2026 in ________, Philippines, affiant personally appearing and exhibiting competent evidence of identity consisting of ________ No. ________ issued on ________ at ________.

Notary Public

Doc. No. ___; Page No. ___; Book No. ___; Series of 2026.

The notary public completes this portion, not the party.

LXXI. Special Power of Attorney or Authorization

If someone signs or files for another person, a written authorization may be needed.

For individuals, this may be a:

Special power of attorney;
Authorization letter;
Guardian authority;
Representative authorization.

For corporations, this may be a:

Board resolution;
Secretary’s certificate;
Corporate authorization;
Power of attorney.

Without authority, the filing may be questioned.

LXXII. Position Paper for a Corporation

A corporate position paper should identify the corporation and its authorized representative.

Example:

Respondent ABC Company, Inc. is represented in this case by its Human Resources Manager, Maria Santos, who is duly authorized under the Secretary’s Certificate attached as Annex “A.”

The verification and certification against forum shopping should be signed by an officer or representative with authority and knowledge of the facts.

LXXIII. Position Paper for Multiple Parties

If several complainants or respondents submit one position paper, the document should clarify:

Who the parties are;
Whether their facts are the same;
Whether they have separate claims or defenses;
Who signs the verification;
Whether all parties authorize a representative;
Whether each party’s relief is separate.

In labor money claims, each employee’s computation should be separate.

LXXIV. Position Paper by a Person Abroad

A person outside the Philippines may need to execute documents before:

A Philippine consular officer;
A notary public abroad, with authentication or apostille if required;
Other authorized officer, depending on the document and forum.

If time is short, ask the receiving office whether a scanned signed document may be temporarily accepted, subject to later submission of the original authenticated document.

LXXV. Position Paper for a Minor

If a minor is involved, a parent or guardian may need to sign or assist.

In school or child-related proceedings, the submission should protect the minor’s privacy and avoid unnecessary disclosure of sensitive information.

If the case affects custody, abuse, support, or child protection, specialized legal procedures may apply.

LXXVI. Position Paper in Criminal-Related Administrative Matters

A position paper may be required in administrative proceedings even when the same facts could involve criminal liability.

Be cautious. Statements in the position paper may later be used in other proceedings.

If the facts may involve criminal exposure, consult counsel before making admissions or submitting affidavits.

LXXVII. Amending or Correcting a Filed Position Paper

If a position paper contains an error, a party may file:

Erratum;
Manifestation;
Supplemental position paper;
Amended position paper, if allowed;
Motion to admit corrected submission.

The correction should be made promptly and honestly. Do not silently ignore material errors.

LXXVIII. Withdrawal of Position Paper

A party generally cannot assume that a filed position paper can be withdrawn at will. Once filed, it becomes part of the record.

If withdrawal is necessary, file a motion or request explaining why. The tribunal may allow or deny it.

LXXIX. Effects of a Notarized Position Paper

A notarized position paper may be treated as:

A formal written submission;
A sworn statement, if verified by jurat;
Evidence of the party’s position;
A basis for decision;
A document with evidentiary weight as to execution;
A record of admissions, denials, and claims.

Because of this, it must be accurate and carefully reviewed before signing.

LXXX. False Statements and Perjury

If a position paper is sworn and contains deliberate false statements on material matters, the signer may risk liability for perjury or other legal consequences.

Even if not criminally prosecuted, false statements can damage credibility and result in adverse findings.

Never sign a position paper or affidavit unless you have read and understood it.

LXXXI. Notary Public’s Role

The notary public’s role is not to act as counsel unless separately engaged as counsel. The notary verifies identity, personal appearance, and the notarial act.

The notary may refuse to notarize if:

The signer does not appear personally;
The signer lacks valid ID;
The document has blanks;
The signer does not understand the document;
The notary suspects fraud;
The document is incomplete;
The notary’s commission does not cover the place;
The requested act is improper.

LXXXII. Practical Notarization Checklist

Before going to the notary, prepare:

Final printed position paper;
All pages complete;
Annexes properly marked;
Valid government-issued ID;
Personal appearance of signer;
Witnesses, if needed;
Authorization documents, if signing for another person or company;
Original supporting documents, if notary wants to inspect them;
Filing copies;
Payment for notarial fee.

Do not sign blank or incomplete documents.

LXXXIII. What to Do After Notarization

After notarization:

Check that the notarial details are complete;
Check that the notary signed and sealed the document;
Check that the date and place are correct;
Photocopy or scan the notarized document;
Attach annexes;
Prepare copies for filing and service;
File before the deadline;
Serve the other party if required;
Keep proof of filing and service;
Keep one complete copy for your records.

LXXXIV. Common Notarization Problems

Common problems include:

No personal appearance;
Expired ID;
Wrong name in ID;
Missing signature;
Missing notarial seal;
Incorrect date;
Wrong venue;
Notary outside territorial commission;
Blank pages;
Missing annexes;
Notarial register details incomplete;
Unsigned verification;
Certification against forum shopping not signed;
Corporate signatory lacks authority.

These may cause the position paper to be challenged or disregarded.

LXXXV. Can a Position Paper Be Notarized After Filing?

If the rules require a verified or notarized position paper, filing an unnotarized one may be defective. Some tribunals may allow correction, while others may reject it.

The safer practice is to notarize before filing when notarization is required.

If an unnotarized position paper was filed by mistake, promptly file a motion or manifestation with the notarized version and explain the error.

LXXXVI. Can a Position Paper Be Electronically Notarized?

Electronic notarization rules and acceptance may depend on current regulations, court issuances, and the receiving office. In ordinary practice, traditional notarization with personal appearance remains common.

Before relying on electronic notarization, confirm that the receiving office accepts it.

LXXXVII. Should the Position Paper Be Long?

Length depends on complexity.

A position paper should be long enough to explain the case but not so long that it becomes confusing.

For simple disputes, 5 to 10 pages may be enough. For complex labor or administrative cases, longer submissions may be necessary. If the tribunal imposes a page limit, follow it.

Quality matters more than length.

LXXXVIII. Tone and Professionalism

The tone should be firm but respectful.

Avoid:

Insults;
Threats;
Sarcasm;
Emotional attacks;
Irrelevant personal history;
Accusations without proof;
Disrespect toward the tribunal.

A professional tone increases credibility.

LXXXIX. Settlement While Position Paper Is Pending

Parties may still settle even after position papers are filed, unless the rules or circumstances prevent it.

If settlement occurs, parties may submit:

Compromise agreement;
Joint motion to dismiss;
Satisfaction of claim;
Quitclaim or release, if valid;
Manifestation of settlement.

Any settlement should be clear, voluntary, and properly documented.

XC. Practical Step-by-Step Guide

Step 1: Read the directive

Know the deadline, required form, and attachments.

Step 2: Identify the issues

List what the decision-maker must resolve.

Step 3: Prepare a timeline

Organize events by date.

Step 4: Gather evidence

Collect documents, messages, photos, records, and affidavits.

Step 5: Draft the facts

Write only material facts and cite annexes.

Step 6: Draft the arguments

Apply the law or rules to the facts.

Step 7: Prepare the prayer

State exactly what relief is requested.

Step 8: Add verification and certification if required

Use proper sworn statements.

Step 9: Mark annexes

Ensure every annex is complete and legible.

Step 10: Review carefully

Check consistency, grammar, names, dates, and amounts.

Step 11: Sign before notary

Personally appear with valid ID.

Step 12: File and serve

Submit before deadline and keep proof.

XCI. Sample Position Paper Outline for Labor Illegal Dismissal

I. Prefatory Statement State whether dismissal was illegal or valid.

II. Facts Employment, position, salary, incident, notices, dismissal, unpaid benefits.

III. Issues Existence of employment, validity of dismissal, due process, money claims.

IV. Arguments No just cause, no due process, entitlement to backwages and other benefits; or employer’s defense.

V. Computation Backwages, separation pay, unpaid wages, 13th month pay, other claims.

VI. Prayer Reinstatement or separation pay, backwages, benefits, damages, attorney’s fees; or dismissal of complaint.

VII. Annexes Contract, payslips, notices, attendance, affidavits, computations.

XCII. Sample Position Paper Outline for Debt Claim

I. Facts Loan or obligation, amount, due date, payments, demand.

II. Issues Existence of debt, amount due, interest, penalties.

III. Arguments Contract and proof of release, non-payment, validity or invalidity of charges.

IV. Computation Principal, interest, payments, balance.

V. Prayer Order payment or dismissal/reduction.

VI. Annexes Loan agreement, receipts, bank transfers, demand letters, messages.

XCIII. Sample Position Paper Outline for Administrative Complaint

I. Facts Incident, charge, notice, explanation, evidence.

II. Issues Whether respondent committed the act, whether penalty is warranted.

III. Arguments Evidence supports or does not support charge; due process complied or violated.

IV. Mitigating or aggravating circumstances Prior record, good faith, damage, intent, remorse, restitution.

V. Prayer Dismissal, exoneration, penalty, or corrective action.

VI. Annexes Incident report, affidavits, photos, policies, notices.

XCIV. Review Checklist Before Signing

Before signing, ask:

Are all names spelled correctly?
Are all dates accurate?
Are all amounts correct?
Are all annexes attached?
Are annex labels consistent?
Are facts supported by evidence?
Are there harmful unnecessary admissions?
Is the prayer specific?
Is verification required?
Is certification against forum shopping required?
Is the signatory authorized?
Is notarization required?
Are copies ready for filing and service?
Is the deadline still met?
Has the entire document been read and understood?

XCV. Frequently Asked Questions

1. Must every position paper be notarized?

No. Notarization is required only when the rules, order, or nature of the document require it. However, verified position papers, affidavits, and certifications are usually notarized.

2. Can I prepare my own position paper?

Yes, but legal assistance is advisable for formal legal proceedings, labor cases, administrative cases, or matters involving significant rights.

3. Can I submit a position paper without evidence?

You can, but it may be weak. A position paper should be supported by documents and affidavits.

4. Can I attach screenshots?

Yes, if relevant. They should be clear, complete, and preferably supported by an affidavit identifying them.

5. Can a notary notarize without my personal appearance?

No. Personal appearance is required.

6. Does notarization prove that all statements are true?

No. Notarization proves execution or oath, not automatic truth of the contents.

7. What if I miss the deadline?

File immediately with an explanation and request admission, but acceptance is not guaranteed.

8. Can I still file a reply?

Only if allowed by the rules or directed by the tribunal.

9. Should I include legal citations?

Include them when useful and applicable, especially in formal cases. Do not overdo it.

10. Can I change my position paper after filing?

Only through proper correction, amendment, or supplemental filing, if allowed.

XCVI. Conclusion

Preparing and notarizing a position paper in the Philippines requires careful attention to facts, evidence, procedure, and form. A position paper should not be treated as a casual letter. It is often the main written submission on which a case, complaint, investigation, or dispute may be decided.

A strong position paper clearly states the facts, identifies the issues, applies the relevant law or rules, attaches supporting evidence, and asks for specific relief. If verification or sworn statements are required, the document must be signed by the proper person and notarized through personal appearance before a duly commissioned notary public.

The most important practical rules are simple:

Tell the truth, organize the facts, attach proof, follow the deadline, sign properly, notarize when required, file correctly, and keep proof of submission.