General guide for government employees, HR units, and disciplining authorities. Cites the framework of the Civil Service Commission (CSC) Rules on Administrative Cases in the Civil Service (RRACCS).
Big picture: where the NTE fits
In the civil service, an NTE (show-cause order) is the employee’s first chance to explain alleged misconduct or deficiency. It usually appears in either of two tracks:
- Pre-formal charge (fact-finding stage) – the agency is still determining whether there is probable cause to issue a Formal Charge.
- After a Formal Charge – the case has been docketed under the Regular or Summary procedure of the RRACCS; the directive to “explain” is effectively the order to file an Answer.
Why this matters: the reply period depends on which stage and procedure you’re in.
The reply periods you need to know
1) Pre-formal charge NTE (fact-finding stage)
- Baseline: The RRACCS does not fix a single number of days at this stage. Agencies must give a reasonable period (commonly 5 calendar days; some use 72 hours) to let the employee clarify facts or rebut the allegation before deciding whether to file a formal charge.
- Practical rule: Whatever period is given must be definite in the NTE and reasonable considering the records to be gathered (CCTV, logs, e-mails, etc.). Extensions may be granted for good cause (e.g., need to secure documents, counsel, medical emergency).
2) After a Formal Charge (Regular Procedure)
- You have:
15 calendar days
from receipt of the formal charge to file a verified Answer under oath (with supporting evidence, witness lists, and addresses). - The 15-day period is the default window to respond to the specific administrative offense(s) actually charged.
3) Summary Procedure (light offenses)
- For cases classified as light offenses (handled under the Summary Procedure), the employee is typically given
5 calendar days
from receipt of the order to submit a written Answer/explanation under oath. - The case is then resolved on the records (often within an abbreviated timetable) unless the hearing officer calls a clarificatory conference.
Which track am I in? Your memo will usually say “Formal Charge” (Regular Procedure) or “Summary Procedure.” If it only says “show cause/notice to explain” without a formal charge number, you’re likely still at fact-finding.
How to count the period (and avoid late filing)
- Calendar days (not working days) unless the directive says otherwise.
- Day 1 is the day after you receive the NTE/charge.
- If the last day falls on a Saturday, Sunday, or holiday when the office is closed, file on the next working day.
- Modes of filing: personal filing (get a stamped receiving copy), registered mail (date of mailing counts; keep the registry receipt), reputable courier (keep the airway bill), or e-filing if your agency allows (retain transmission proof).
- Service to counsel: If you have entered counsel of record, ask that both you and counsel be served to avoid notice gaps.
Extensions: when and how much
- Pre-formal NTE: discretionary; agencies commonly allow 3–10 additional calendar days for good cause.
- Regular Procedure (15 days): one reasonable extension is often granted (e.g., up to 10–15 more days) upon timely written motion showing valid reasons (voluminous records, medical issues, counsel’s schedule).
- Summary Procedure (5 days): extensions are tighter (e.g., 2–5 days), granted sparingly because the procedure is designed to be expeditious.
- Always move for extension before the deadline, serve the other party, and attach proofs (medical certificate, document requests, etc.).
What to file within the reply period
- Verified Answer under oath (if under Formal Charge), or sworn written explanation (pre-formal/summary).
- Annexes: documentary evidence; list of witnesses with addresses; brief summary of expected testimony.
- Affirmative defenses (e.g., lack of jurisdiction, failure to state an offense, prescription, denial of due process) should be raised early.
- Counter-evidence: logs, e-mails, orders, CCTV excerpts, policies; if the agency is relying on evidence you haven’t seen, ask access in writing and note that your Answer is without prejudice to supplemental filing once copies are furnished.
If you miss the deadline
- Pre-formal NTE: the agency may proceed to issue a Formal Charge based on available records.
- Formal Charge: failure to answer within the period is treated as waiver of the right to file an Answer; the case may proceed ex parte based on the complainant’s evidence. You still retain the right to participate at later stages, but you’ve lost a key chance to controvert.
- Summary Procedure: the resolving officer may decide on the records.
- Late Answers are not a matter of right; acceptance is discretionary and usually requires compelling justification.
Preventive suspension and the reply period
- A preventive suspension (up to 90 days, not a penalty) may issue after a formal charge if the employee’s continued presence poses a serious threat to the case records, witnesses, or to the agency.
- Preventive suspension does not shorten your reply period; you still get the full 15 days (regular) or 5 days (summary) unless properly extended/shortened by order.
What HR and disciplining authorities should ensure
- Clarity: the NTE must state specific acts/omissions, rule violated, when/where/how, and the reply deadline (with exact date).
- Attachment of evidence or at least access instructions (so the employee can meaningfully answer).
- Proof of service: personal service/registered mail/courier/e-service records.
- Reasonable time: 15 days for regular; 5 for summary; reasonable but real opportunity at pre-formal stage.
- Document extensions and ensure parity (avoid arbitrary denials).
- Record minutes of any clarificatory conference or hearing.
Practical employee playbook
- Diarize the deadline on receipt; if unclear, ask in writing for the exact due date.
- Request copies of relied-upon evidence (CCTV, audit reports, complaints). Note in your pleading if access is pending.
- File a motion for extension early if needed; propose a specific date.
- Answer under oath; attach annexes and a witness list.
- Keep a receiving copy/registry receipt/courier proof (and screenshots for e-mail filings).
- Maintain a respectful tone; focus on facts, policy elements, and defenses.
Quick reference table
Stage / Track | Name of pleading | Reply period | Notes |
---|---|---|---|
Pre-formal (fact-finding) | Sworn written explanation | Reasonable period (commonly 5 calendar days; some use 72 hours) | Not fixed by rule; must be reasonable; extensions discretionary |
Formal Charge – Regular Procedure | Verified Answer (under oath) | 15 calendar days from receipt | Attach evidence; raise defenses; extension (often up to 10–15 more days) for good cause |
Summary Procedure (light offenses) | Sworn Answer/explanation | 5 calendar days from receipt | Streamlined; decision largely on records; short extensions only |
Template: short motion for extension (adapt)
Respectfully, I received the [NTE/Formal Charge] on [date] with a deadline of [date].
Due to [reasons: voluminous records/CCTV request/medical emergency/availability of counsel],
I request an extension up to [new date] to submit my verified Answer with annexes.
This request is made in good faith and not to delay proceedings.
Bottom line
- Identify your stage (pre-formal vs. formal; regular vs. summary).
- Clock it right: 15 calendar days to answer a Formal Charge (Regular Procedure); 5 calendar days under the Summary Procedure; a reasonable period (often 5 days) at the pre-formal stage.
- Ask early for extensions and access to evidence. Timely, sworn submissions protect both due process and your defenses.