A Notice to Explain (NTE) is often the first formal step in a disciplinary process in the Philippines, whether in the private sector under the Labor Code or the public sector under Civil Service rules. How you respond to an NTE can determine not only whether you keep your job, but also how a possible future court or labor tribunal will view your case.

This article explains, in the Philippine context, what a Notice to Explain is, your rights, and how to structure and draft an effective written reply—with templates and practical tips.

I. What Is a Notice to Explain?

A Notice to Explain (sometimes called a “show-cause memorandum” or “charge memo”) is a written communication from the employer or disciplining authority requiring the employee to explain alleged acts or omissions that may constitute a violation of:

The Labor Code and related regulations (private sector employees),
Company policies and codes of conduct,
Civil Service rules and regulations (government employees).

It is a key element of due process, usually the first written notice in the “two-notice rule” required in dismissal or major disciplinary cases:

First notice – Notice to Explain / Charge, informing the employee of:
- The specific acts or omissions complained of,
- The rule or policy allegedly violated,
- The possible sanction, including dismissal if applicable,
- A reasonable period to submit a written explanation and/or attend a hearing.
Second notice – Notice of Decision, informing the employee of the employer’s findings and the penalty imposed, if any.

In the Civil Service, similar principles apply under the rules on administrative cases (e.g., formal charge, answer, and decision).

II. Why Your Reply Is Important

Your written reply to the NTE:

Is your official version of the facts.
May be the only thing the HR department, management, or hearing officer reads closely before deciding on your case.
Will form part of the record in case the matter reaches:
- A grievance process,
- Labor Arbiter / NLRC,
- Civil Service Commission,
- The courts.

A weak, late, or careless reply can be treated as a waiver of your right to be heard or even as implied admission. A clear, timely, and well-organized reply, on the other hand, can:

Lead to dismissal of the charges,
Reduce the penalty (e.g., from dismissal to suspension or reprimand),
Strengthen your position in any subsequent legal challenge.

III. Basic Legal Principles and Rights

1. Substantive vs. Procedural Due Process

In disciplinary cases, two things are evaluated:

Substantive due process – Is there a valid and lawful ground to discipline or dismiss (e.g., serious misconduct, gross and habitual neglect, fraud, willful disobedience, etc.)?
Procedural due process – Was the proper procedure followed (proper notice, reasonable opportunity to explain, hearing when appropriate, written decision)?

Your reply should address both where applicable:

Why the alleged act is not a ground (or not serious enough) for the penalty proposed.
Why the process being used is unfair or defective, if that is the case.

2. Reasonable Opportunity to Explain

In practice:

Private sector: A period like five (5) calendar days to submit a written explanation is typically considered “reasonable opportunity,” though some companies give more.
Civil Service: Rules also generally require giving the respondent a period (e.g., at least 5 days) to submit a written answer to the formal charge.

If the timeline is very short (e.g., 24 hours) and the charges are serious or complex, you may:

Note in your reply that the time given is unreasonably short, and/or
Formally request additional time (in writing) while submitting a partial reply.

3. Right to Be Informed and Right to Counsel

You are entitled to:

Be informed of the specific charges against you.
Ask clarification if the NTE is vague (e.g., “improper behavior” with no date, place, or specific act).
Consult a lawyer or union representative, especially for serious charges that may result in dismissal.

IV. Before You Start Writing: Preparation

Before drafting the reply, do the following:

Read the NTE very carefully.
- Identify all alleged acts, including dates, times, specific incidents.
- Note the policy provisions or rules cited.
- Check the deadline for submission of your reply.
Gather documents and evidence.
- Emails, chat logs, memos, CCTV stills, time records, screenshots,
- Written instructions from superiors,
- Copies of company policies or contracts that support your position.
Identify your position.
- Are you denying the allegation completely?
- Are you admitting the act but disputing that it constitutes a serious offense?
- Are you admitting and seeking leniency or a lighter penalty?
Decide whether to ask for additional time.
- If evidence needs to be gathered or you need to consult counsel, prepare a brief request for extension, ideally before the deadline.

V. Structure of a Reply to a Notice to Explain

There is no single mandatory format, but a good reply in the Philippine context usually contains the following parts:

Heading
Salutation
Introductory paragraph
Point-by-point response to the allegations
Statement of your own version of facts
Legal and policy arguments / mitigating circumstances
Prayer (what you are asking for)
Closing and signature
Attachments (Annexes)

1. Heading

Include:

Date
Addressee (HR Manager, Disciplinary Committee, Head of Office)
Company/Office
Subject line clearly referencing the NTE

Example:

Date: 20 November 2025 To: The Human Resources Manager XYZ Corporation

Subject: Reply to Notice to Explain dated 15 November 2025

2. Salutation

A standard formal salutation is sufficient:

Dear Sir/Madam: or Dear [Name/Position]:

3. Introductory Paragraph

Acknowledge receipt of the NTE and state your purpose.

I respectfully submit this Reply to the Notice to Explain dated 15 November 2025, which I received on 16 November 2025, regarding the alleged violation of company policies in connection with the incident of 10 November 2025.

If the date of receipt is different from the date of the NTE, mention it, as it affects the computation of your reply period.

4. Point-by-Point Response

Referring to the specific allegations is crucial. You may:

Quote or paraphrase each charge, then
Immediately state whether you admit, deny, or clarify it.

Example structure:

On the allegation that I “failed to report for work without prior notice on 10 November 2025”

I respectfully deny this allegation. On 9 November 2025, I informed my immediate supervisor, Mr. Juan Dela Cruz, through email and SMS that I was experiencing high fever and requested sick leave for 10 November 2025. Copies of these communications are attached as Annexes “A” and “B”.

Use numbering to make it easy for the decision-maker to follow.

5. Your Version of the Facts

After or alongside your paragraph-by-paragraph response, it is often helpful to present a coherent narrative of what actually happened, especially if the NTE presents a distorted or incomplete picture.

This section might start with:

By way of background, the following circumstances are respectfully submitted:

Then present your narrative in chronological order, highlighting facts supported by documents and witnesses.

6. Legal and Policy Arguments / Mitigating Circumstances

After clarifying the facts, analyze the situation under:

The company’s policies (Code of Conduct, Employee Handbook, etc.),
Relevant labor or civil service rules.

Examples of arguments:

No just cause / no serious offense
- The act, even if admitted, is minor or isolated and does not amount to serious misconduct or gross neglect.
No willful intent
- Failure was due to mere oversight, honest mistake, or circumstances beyond your control.
First offense / good record
- You have a clean record and long service; a lighter penalty is appropriate.
Procedural defects
- NTE lacks specific details; time to respond is unreasonably short; documents were not furnished.
Unequal treatment
- Other employees who committed similar acts received lesser penalties (use with caution and only if you have some basis).

If you are in the public sector, you may also refer to:

The classification of administrative offenses (light, less grave, grave),
The corresponding range of penalties,
The rule that penalties should be proportional to the offense and consider mitigating circumstances (length of service, performance, remorse, restitution, etc.).

7. Prayer

End with a clear request. Examples:

For outright dismissal of the charges:

In view of the foregoing, I respectfully pray that the charges against me be dismissed for lack of factual and legal basis.

For a lighter penalty / leniency:

While I acknowledge my lapse in this instance, I respectfully pray that I be considered for a lighter penalty, taking into account my good performance, length of service, and the absence of wrongful intent.

You may also request:

That you be furnished with all documents used against you,
That you be granted an opportunity to be heard in a conference or hearing.

8. Closing and Signature

Use a respectful closing:

Very truly yours,

[Signature] [Printed Name] [Position / Department] [Employee ID]

9. Attachments (Annexes)

List your supporting documents:

Attachments: Annex “A” – Copy of email to supervisor dated 9 November 2025 Annex “B” – Screenshot of SMS to supervisor dated 9 November 2025 Annex “C” – Medical certificate dated 10 November 2025

Make sure the attachments are:

Legible,
Authentic (do not falsify),
Properly labeled.

VI. Substantive Strategies: How to Defend Yourself

1. Total Denial (If Allegations Are False)

When the accusation is entirely untrue:

Clearly and categorically deny the allegation.
Provide specific counter-facts and evidence.
Ask that the charge be dismissed.

Avoid vague denials like “I deny the accusation.” Instead:

I categorically deny that I took any company property on 5 November 2025. I was not present in the office at the time alleged, as shown by the attached time records and CCTV stills (Annexes “D” and “E”).

2. Partial Admission with Explanation

Sometimes part of the allegation is true, but not the whole story. You may:

Admit what is accurate,
Correct what is wrong or exaggerated,
Emphasize context and absence of malice.

I admit that I raised my voice during the team meeting on 10 November 2025; however, I did so after being repeatedly interrupted and while under stress from urgent deadlines. I did not intend to disrespect my superior, and I apologize for my conduct.

This approach can enhance your credibility, especially if your admission is supported by context and mitigating factors.

3. Admission with Mitigating Circumstances (Seeking Leniency)

If the violation is clear and difficult to deny (e.g., being late, minor policy breach), you may focus on mitigation:

Long years of service,
Clean record,
Personal circumstances (illness, family emergency),
Genuine remorse and corrective measures.

I acknowledge that I failed to meet the internal deadline for submission of the report. This delay was due to my father’s sudden hospitalization, as shown in Annex “F.” I understand the importance of meeting deadlines and have since put in place better time-management measures. I respectfully request that this incident be considered a first and last offense.

4. Challenging the Appropriate Penalty

Even if the offense is admitted:

A penalty of dismissal or long suspension may be too harsh for a first or minor offense.
You may cite:
- Your performance record,
- Awards or commendations,
- Absence of prior disciplinary actions,
- The principle of proportionality in penalties.

VII. Tone, Language, and Professionalism

Even in highly emotional situations, your reply should remain:

Respectful – avoid insults, sarcasm, or threats.
Objective – focus on facts and rules, not personalities.
Clear and concise – avoid unnecessary drama and long digressions.

Avoid:

Disparaging remarks about supervisors or co-workers,
Admitting things you do not fully understand,
Speculation and unfounded accusations.

Remember: your reply may be read later by a judge, labor arbiter, or CSC hearing officer.

VIII. Practical and Procedural Tips

Submit on time.
- Make sure your reply reaches HR or the disciplining authority on or before the deadline stated in the NTE.
- If possible, file it earlier.
Proof of filing.
- Get a received copy stamped by HR or the office, or
- Save email proof (sent email with timestamp and any acknowledgment).
Keep copies.
- Keep a full copy of your reply and all attachments.
- Store them safely in case of future disputes.
Request for extension if needed.
- If the charges are serious or complex, send a written request for extension, briefly explaining why.
- Even if the extension is denied, your effort can show that you were not negligent.
Seek advice.
- Consult a lawyer, union officer, or trusted HR practitioner, especially for high-stakes cases like theft, sexual harassment, or dishonesty.
Attend hearings and conferences.
- If invited to a conference or hearing, attend and be consistent with your written reply.

IX. Sample Template: Reply to Notice to Explain

Below is a general template you may adapt. It is for educational purposes and should be tailored to your specific facts, policies, and sector (private or public).

[Your Name] [Position] [Department] [Company/Office]

Date: [__________]

To: [Name / Position of Disciplining Authority or HR Manager] [Company/Office]

Subject: Reply to Notice to Explain dated [__________]

Dear [Sir/Madam/Name]:

I respectfully submit this Reply to the Notice to Explain (the “NTE”) dated [date of NTE], which I received on [date of receipt], regarding the alleged [brief description of charge, e.g., “unauthorized absence on 10 November 2025”].

I. Specific Response to the Allegations

On the allegation that [quote or paraphrase Allegation No. 1]

[State whether you deny or admit. Provide your explanation and supporting facts. Refer to attachments if any.]
On the allegation that [Allegation No. 2]

[Same pattern.]

[Continue as needed.]

II. Statement of Facts

By way of background, the following circumstances are respectfully submitted:

[Present your version of events in chronological order, referring to evidence: emails, messages, documents, etc.]

III. Arguments and Mitigating Circumstances

Based on the foregoing facts, I respectfully submit that:

[Explain why the act complained of does not constitute a serious offense under company policy or applicable rules.]
[Explain absence of wrongful intent, honest mistake, emergency, etc.]
[Cite mitigating circumstances: length of service, performance, first offense, restitution, apology, etc.]

[If relevant, briefly mention any procedural concerns, such as vagueness of charges or short time to respond.]

IV. Prayer

In view of the foregoing, I respectfully pray that the charges against me be dismissed for lack of factual and legal basis.

Should the Honorable Office find that I committed any lapse, I respectfully request that the same be considered a minor, isolated incident and that any penalty be tempered in light of my [length of service, good performance record, lack of prior offenses, and willingness to improve].

I further request that I be furnished with copies of any documents and evidence relied upon in this case and that I be given the opportunity to personally explain my side in a conference or hearing, if deemed necessary.

Thank you for your kind consideration.

Very truly yours,

[Signature] [Printed Name] [Position / Department] [Employee ID]

Attachments: Annex “A” – [Description] Annex “B” – [Description] [And so on]

X. Special Situations

1. Serious Allegations (e.g., Theft, Fraud, Harassment)

For potentially dismissible offenses, be extra careful:

Do not casually admit facts that may amount to criminal liability without understanding the consequences.
Consider consulting a lawyer before submitting your reply.
You may firmly deny and demand that you be furnished with full evidence (e.g., CCTV, written complaints).

2. Group or Collective Incidents

If several employees are charged together:

You may submit a joint reply, but you can also submit individual replies highlighting your specific role (or absence of involvement).
Avoid admitting responsibility for acts you did not personally do.

3. Public Sector / Civil Service Context

For government employees:

The NTE may come in the form of a Formal Charge.
Your reply may be called an “Answer” and must be filed within the period stated.
Check the applicable Civil Service rules for:
- Proper form and content,
- Requirement of verification (sworn statements),
- Possible need for a verified position paper later.

XI. Final Reminders

Your reply to a Notice to Explain is a legal document that can protect your rights if done properly.
Be honest, organized, and respectful.
Support your statements with evidence, not just bare assertions.
Observe deadlines and keep proof of submission.
When in doubt—especially for grave charges—obtain legal advice tailored to your specific situation.

This guide is for general information and education. It is not a substitute for personalized legal advice from a Philippine lawyer who can review your actual NTE, your employment contract, and your company or agency’s policies and rules.