I. Introduction

A position paper is one of the most important pleadings in Philippine labor cases. In many proceedings before the Labor Arbiter of the National Labor Relations Commission, the position paper is the main written presentation of a party’s facts, evidence, legal arguments, and requested reliefs. Unlike ordinary civil cases where trial, direct testimony, cross-examination, and lengthy presentation of evidence may occur, labor cases are generally resolved through summary and non-litigious procedure.

Because of this, the position paper often functions as the party’s “case in writing.” It tells the Labor Arbiter what happened, what issues must be resolved, what law applies, what evidence supports the claim or defense, and what judgment should be rendered.

A poorly prepared position paper may weaken an otherwise valid claim. A complete and organized position paper may help the Labor Arbiter understand the dispute and decide the case efficiently.

This article discusses the nature, purpose, contents, requirements, attachments, procedure, evidentiary standards, common mistakes, and practical drafting considerations for position papers in Philippine labor cases.

II. What Is a Position Paper?

A position paper is a written pleading submitted by a party in a labor case stating the party’s version of the facts, legal arguments, supporting evidence, and requested relief.

It is usually submitted after mandatory conferences or preliminary proceedings, when settlement fails or when the case is ready for submission of pleadings.

In labor cases, the position paper typically contains:

The facts of the case;
The issues for resolution;
The party’s arguments;
References to law, rules, jurisprudence, contract, company policy, or evidence;
Computation of monetary claims, if any;
Supporting documents;
Affidavits or sworn statements;
A prayer or request for relief.

The position paper is not merely a letter or narrative. It is a formal legal document that may determine the outcome of the case.

III. Why Position Papers Matter in Labor Cases

Position papers matter because labor cases are generally resolved based on pleadings and evidence submitted by the parties. The Labor Arbiter may decide the case after the parties submit their position papers, replies, and supporting documents.

The position paper is important because it:

Defines the party’s theory of the case;
Identifies the issues;
Presents the facts in chronological order;
Attaches evidence;
Explains why the law favors the party;
Responds to anticipated defenses;
Supports or opposes monetary claims;
Helps the Labor Arbiter determine credibility and entitlement;
Preserves arguments for appeal;
Creates the record of the case.

A party should assume that the Labor Arbiter may decide the case primarily from the position paper and its attachments.

IV. Legal Context: Summary Procedure in Labor Cases

Philippine labor cases before the NLRC are intended to be resolved quickly and with less technicality than ordinary court litigation. The Labor Arbiter is not bound by strict technical rules of evidence and procedure, but this does not mean that parties may submit vague, unsupported, or disorganized claims.

Labor proceedings are summary in nature. This means that instead of a full-blown trial, parties are often directed to submit position papers, supporting affidavits, and documentary evidence.

The Labor Arbiter may ask clarificatory questions, call for additional pleadings, or require further documents, but the core presentation remains written.

Thus, the position paper must be complete enough to stand on its own.

V. When Is a Position Paper Required?

A position paper is usually required when the case has not been settled during mandatory conciliation or mediation conferences and the Labor Arbiter directs the parties to submit their respective position papers.

Typical labor cases requiring position papers include:

Illegal dismissal;
Constructive dismissal;
Money claims;
Nonpayment or underpayment of wages;
Nonpayment of 13th month pay;
Nonpayment of service incentive leave;
Nonpayment of overtime pay;
Nonpayment of holiday pay, rest day pay, or night shift differential;
Nonpayment of separation pay;
Illegal suspension;
Unfair labor practice;
Damages arising from employer-employee relations;
Claims for commissions, incentives, or benefits;
Claims involving OFW employment, where handled by labor tribunals;
Employer claims against employees, where within jurisdiction.

A position paper may also be required in related proceedings depending on the tribunal and applicable rules.

VI. Who Files the Position Paper?

Both complainant and respondent usually file position papers.

A. Complainant

The complainant is often the employee, former employee, union, or claimant. The complainant’s position paper must establish entitlement to the reliefs claimed.

In an illegal dismissal case, the complainant usually needs to show the fact of dismissal or circumstances showing constructive dismissal. Once dismissal is shown, the employer generally has the burden to prove that the dismissal was valid.

In a money claims case, the complainant must identify the amounts claimed and the factual basis for those claims.

B. Respondent

The respondent is often the employer, company, owner, officer, manager, agency, principal, or alleged responsible party. The respondent’s position paper must answer the allegations and present defenses.

In dismissal cases, the employer must usually prove both substantive and procedural due process. In money claims cases, the employer must present payroll records, proof of payment, employment records, time records, policies, or other evidence showing payment, exemption, or lack of entitlement.

VII. Basic Parts of a Position Paper

A well-prepared labor position paper usually contains the following parts:

Caption;
Title;
Prefatory statement or introduction;
Statement of facts;
Issues;
Arguments or discussion;
Evidence and annex references;
Monetary computation, if applicable;
Prayer or reliefs requested;
Verification, if required or appropriate;
Certification against forum shopping, where required;
Affidavits and annexes;
Proof of service.

The exact format may vary, but clarity and completeness are essential.

VIII. Caption

The caption identifies the tribunal, parties, case number, and title of the pleading.

A typical caption includes:

Republic of the Philippines;
National Labor Relations Commission;
Regional Arbitration Branch;
City or region;
Names of complainant/s;
Names of respondent/s;
Case number;
Title of the pleading.

Example:

REPUBLIC OF THE PHILIPPINES NATIONAL LABOR RELATIONS COMMISSION REGIONAL ARBITRATION BRANCH NO. ___ [City]

JUAN DELA CRUZ, Complainant,

-versus-

ABC CORPORATION and MARIA SANTOS, Respondents.

NLRC Case No. _______

COMPLAINANT’S POSITION PAPER

The caption must match the case records.

IX. Statement of Facts

The statement of facts is the factual foundation of the position paper. It should be chronological, specific, and supported by evidence.

A good statement of facts answers:

Who are the parties?
When did employment begin?
What was the position?
What was the salary or wage rate?
What were the work hours and work arrangement?
What happened during employment?
What specific incident led to the dispute?
When and how did separation occur?
What benefits or wages remain unpaid?
What documents support the facts?

The statement should avoid unnecessary drama. It should be factual and clear.

Poor factual allegation:

“The company abused me and violated all my rights.”

Better factual allegation:

“Complainant was hired by respondent ABC Corporation on 3 January 2022 as Sales Associate with a monthly salary of ₱25,000. On 15 March 2024, respondent’s HR Manager informed complainant through email that his employment was terminated effective immediately due to alleged poor performance. No notice to explain, administrative hearing, or written notice of decision was issued.”

The better version provides facts, dates, persons involved, and legal relevance.

X. Issues

The issues identify the legal questions the Labor Arbiter must resolve.

Common issues include:

Whether complainant was illegally dismissed;
Whether complainant was constructively dismissed;
Whether respondent observed procedural due process;
Whether complainant is entitled to reinstatement;
Whether complainant is entitled to backwages;
Whether complainant is entitled to separation pay in lieu of reinstatement;
Whether complainant is entitled to unpaid wages;
Whether complainant is entitled to 13th month pay;
Whether complainant is entitled to overtime pay;
Whether complainant is entitled to service incentive leave pay;
Whether complainant is entitled to damages and attorney’s fees;
Whether respondents are solidarily liable;
Whether the complaint should be dismissed for lack of merit.

Issues should be framed in a way that matches the evidence and reliefs.

XI. Arguments and Discussion

The argument section applies the law to the facts.

A strong argument section usually follows this structure:

State the legal rule;
State the evidence;
Explain how the evidence satisfies the rule;
Address contrary facts or defenses;
Conclude the point.

Example:

“Respondent failed to observe procedural due process. The records show that complainant was not issued a notice to explain, was not given an opportunity to be heard, and was not served a written notice of termination. Respondent therefore failed to comply with the twin-notice requirement in termination for just cause.”

The argument section should not merely quote law. It must connect law to evidence.

XII. Evidence and Annexes

Evidence attached to a position paper is crucial. Labor Arbiters decide based on substantial evidence, meaning relevant evidence that a reasonable mind may accept as adequate to support a conclusion.

Common annexes include:

A. Employment Documents

Employment contract;
Job offer;
Appointment letter;
Company ID;
Certificate of employment;
Employee handbook;
Company policies;
Job description;
Promotion letters;
Regularization notice.

B. Payroll and Compensation Documents

Payslips;
Payroll registers;
Bank credit records;
Cash vouchers;
Acknowledgment receipts;
Time records;
DTRs;
Attendance sheets;
Commission statements;
Incentive plans.

C. Termination and Discipline Documents

Notice to explain;
Employee explanation;
Notice of hearing or conference;
Minutes of administrative hearing;
Notice of decision;
Preventive suspension notice;
Incident reports;
Witness statements;
Investigation reports;
Termination letter.

D. Resignation and Separation Documents

Resignation letter;
Acceptance of resignation;
Clearance form;
Final pay computation;
Quitclaim or release;
Separation pay computation;
Return-to-work notices;
Correspondence about separation.

E. Communications

Emails;
Text messages;
Chat messages;
Internal memos;
HR notices;
Screenshots of work instructions;
Call logs;
Letters and demand letters.

F. Government and Statutory Documents

SSS, PhilHealth, and Pag-IBIG records;
BIR Form 2316;
DOLE inspection reports;
Establishment reports;
Alien employment permit, if relevant;
POEA or DMW documents, for overseas employment cases where applicable.

G. Witness Evidence

Affidavits of co-workers;
Affidavits of supervisors;
Affidavits of customers or clients;
Affidavits of HR personnel;
Affidavits of guards, drivers, or staff;
Sworn statements of persons with personal knowledge.

Every material fact should ideally be supported by an annex.

XIII. Affidavits in Position Papers

Affidavits are important because labor cases may be decided without trial. A party should attach sworn statements of witnesses who can confirm key facts.

An affidavit should state:

The witness’s name and personal circumstances;
The witness’s relationship to the case;
Facts personally known to the witness;
Dates, places, and persons involved;
Documents or messages seen by the witness;
A clear statement under oath.

Affidavits should avoid hearsay where possible. A witness should state what they personally saw, heard, received, sent, or did.

Weak affidavit statement:

“I heard that the company always underpays employees.”

Stronger affidavit statement:

“I worked with complainant as cashier from January 2022 to April 2024. We reported for work from 8:00 a.m. to 7:00 p.m., Monday to Saturday. I personally saw complainant log in and log out during those hours because we used the same attendance sheet at the cashier station.”

XIV. Verification and Certification

A position paper may require verification depending on the rules, directive, and nature of the pleading. Verification means the party confirms under oath that the allegations are true based on personal knowledge or authentic records.

A certification against forum shopping may also be required in many initiatory or case-related pleadings, depending on procedural rules and tribunal requirements.

Even where technical requirements are liberally applied in labor proceedings, parties should comply with verification, certification, signature, and service requirements to avoid procedural objections.

XV. Proof of Service

A party generally must furnish the opposing party with a copy of the position paper and attachments.

Proof of service may be by:

Personal service;
Registered mail;
Private courier;
Electronic mail, if allowed or directed;
Other mode authorized by the Labor Arbiter.

Proof of service may include:

Affidavit of service;
Registry receipt;
Courier receipt;
Email proof;
Receiving copy stamped by the other party;
Written acknowledgment.

Failure to serve the other party may delay proceedings or cause procedural issues.

XVI. Deadlines for Filing Position Papers

The Labor Arbiter usually issues an order directing the parties to file position papers within a specified period. The period may vary depending on the applicable rules, the case stage, and the Labor Arbiter’s directive.

Parties should strictly follow the stated deadline in the order.

If more time is needed, a party should file a motion for extension before the deadline expires and state valid reasons. Extensions are discretionary and should not be assumed.

Missing the deadline may result in the case being submitted for decision based on the records available.

XVII. Reply or Rejoinder

After the position papers are filed, the Labor Arbiter may allow the parties to submit replies.

A reply is used to answer new matters raised in the opposing party’s position paper.

A reply should:

Address specific allegations;
Point out unsupported claims;
Respond to documents;
Clarify computations;
Attach rebuttal evidence, if allowed;
Avoid repeating the entire position paper.

A rejoinder is less common and usually allowed only if directed.

Parties should not assume they can keep filing pleadings. Labor proceedings are summary, and the Labor Arbiter may consider the case submitted for decision after position papers and replies.

XVIII. Substantial Evidence Standard

Labor cases are generally decided based on substantial evidence.

Substantial evidence is not proof beyond reasonable doubt. It is also not necessarily the same as preponderance of evidence in civil cases. It is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.

This standard means:

Documents matter;
Affidavits matter;
Payroll records matter;
Contemporaneous communications matter;
Bare allegations are weak;
Unsupported denials are weak;
The totality of evidence is considered.

A position paper should be designed to meet this standard.

XIX. Burden of Proof in Common Labor Issues

A. Illegal Dismissal

In illegal dismissal cases, the employee generally must first establish the fact of dismissal. Once dismissal is shown, the employer bears the burden of proving that the dismissal was for a valid or authorized cause and that due process was observed.

If the employer claims abandonment, resignation, redundancy, retrenchment, closure, just cause, or fixed-term expiration, it must prove the facts supporting that defense.

B. Constructive Dismissal

In constructive dismissal, the employee claims that resignation or separation was not truly voluntary because continued employment became impossible, unreasonable, or unlikely due to the employer’s acts.

The complainant should present evidence of demotion, harassment, forced resignation, unbearable working conditions, nonpayment of wages, reduced pay, reassignment in bad faith, or other acts showing constructive dismissal.

C. Money Claims

In money claims, the employee must identify the claim and basis, but the employer often has access to payroll, timekeeping, and payment records. If the employer fails to produce records that it is legally or practically expected to keep, this may affect the evaluation of the claim.

D. Overtime Pay

An overtime claim should include dates, hours worked, rate of pay, and proof of overtime work or employer knowledge. A general allegation of “I always rendered overtime” is weaker than a detailed schedule and supporting messages or attendance records.

E. 13th Month Pay

The claimant should show employment and salary basis. The employer should show proof of payment if it claims the benefit was paid.

F. Service Incentive Leave

The employee should show length of service and eligibility. The employer should show payment, commutation, usage, exemption, or superior leave benefit if invoked.

G. Separation Pay

The party claiming separation pay should identify the legal or contractual basis. The employer should show whether the separation was voluntary, for just cause, due to authorized cause, or covered by policy.

XX. Position Paper in Illegal Dismissal Cases

An employee’s position paper in an illegal dismissal case should establish:

Employment relationship;
Position and compensation;
Date of hiring;
Date and manner of dismissal;
Absence of valid cause;
Absence of due process;
Reliefs claimed;
Computation of backwages, separation pay, unpaid wages, benefits, damages, and attorney’s fees.

An employer’s position paper should establish:

Existence of valid just cause or authorized cause;
Facts supporting the cause;
Compliance with procedural due process;
Notices issued;
Opportunity to be heard;
Good faith, where relevant;
Payment of final pay or benefits;
Lack of entitlement to claimed reliefs.

Common evidence for employee:

Termination letter;
Messages from HR;
Company ID;
Payslips;
Employment contract;
Witness affidavits;
Demand letters;
Screenshots of removal from work systems;
Proof of refused work assignment or lockout.

Common evidence for employer:

Notice to explain;
Incident report;
Employee explanation;
Hearing notice;
Minutes of hearing;
Notice of decision;
Company rules;
Attendance records;
Performance records;
Witness affidavits;
Prior warnings;
Proof of payment;
Establishment reports for authorized causes.

XXI. Position Paper in Constructive Dismissal Cases

Constructive dismissal cases require careful factual presentation because the employer may argue that the employee resigned voluntarily or abandoned work.

The complainant should explain:

What specific acts made continued employment impossible or unreasonable;
Who committed those acts;
When they happened;
Whether the employee objected or reported them;
Why resignation or non-reporting was not voluntary;
What evidence supports the claim.

Common constructive dismissal facts include:

Forced resignation;
Demotion without valid reason;
Significant pay cut;
Hostile treatment;
Unreasonable transfer;
Floating status beyond legal limits;
Nonpayment of wages;
Removal of duties;
Harassment;
Discrimination;
Threats of termination;
Lockout from workplace or systems.

The position paper should clearly connect these facts to the legal conclusion that the employee was effectively dismissed.

XXII. Position Paper in Money Claims Cases

In money claims cases, computation is central.

The position paper should specify:

The exact benefit claimed;
The period covered;
The rate used;
The formula;
The amount claimed;
The evidence supporting the claim.

Example table:

Claim	Period	Basis	Amount
Unpaid salary	1–15 March 2024	₱1,000/day × 12 days	₱12,000
13th month pay	Jan–Mar 2024	₱60,000 basic salary ÷ 12	₱5,000
SIL pay	2023	5 days × ₱1,000/day	₱5,000
Total			₱22,000

A computation should be realistic and supported. Inflated, unexplained, or mathematically inconsistent claims may reduce credibility.

XXIII. Position Paper in Employer Claims Against Employees

Employers sometimes file claims against employees, such as recovery of cash advances, loans, property, training bond amounts, or damages arising from employment.

The employer’s position paper should show:

The legal basis of the claim;
The employee’s undertaking or agreement;
Proof of release of money or property;
Proof of accountability;
Demand for return or payment;
Computation of amount due;
Company policy or contract provision;
Evidence that the claim arises from employer-employee relations.

The employee’s defense may include payment, lack of authorization, invalid bond, unconscionability, no actual damage, lack of jurisdiction, illegal deduction, or absence of proof.

XXIV. Annex Marking and Organization

Annexes should be clearly marked and referenced in the position paper.

Example:

“Complainant was hired on 3 January 2022 as Sales Associate, as shown by the Employment Contract attached as Annex ‘A.’”

Good annex practice includes:

Mark each document clearly;
Use letters for complainant and numbers or letters for respondent, depending on preference;
Arrange documents chronologically or by issue;
Provide a table of annexes for long submissions;
Highlight relevant portions where appropriate;
Avoid attaching irrelevant documents;
Ensure copies are readable;
Provide translations for non-English or non-Filipino documents if necessary;
Include complete documents, not misleading excerpts;
Maintain consistency between text and annex labels.

XXV. Electronic Evidence in Position Papers

Electronic evidence is common in labor cases. This includes emails, chat messages, screenshots, attendance logs, HRIS records, CCTV snapshots, GPS logs, and electronic payslips.

When using electronic evidence, the position paper should identify:

Who sent or received the message;
The date and time;
The platform used;
The relevance of the message;
How it was obtained;
Whether it is complete;
Whether the opposing party can identify it;
Whether there are supporting witnesses.

Screenshots should show names, timestamps, and context. If possible, attach full conversation threads rather than isolated lines.

XXVI. Hearsay and Personal Knowledge

Labor proceedings are less technical, but evidence should still be reliable.

Affidavits should be based on personal knowledge. Documents should be authenticated by someone who can explain them.

Statements like “everyone knows” or “I heard from someone” are weak.

A witness should state:

What they personally saw;
What they personally heard;
What they personally received;
What they personally prepared;
What records they personally handled.

This increases credibility.

XXVII. Monetary Claims and Computation Requirements

A position paper claiming money should include a clear computation. The computation should state:

Salary rate;
Daily rate;
Hourly rate, if applicable;
Period covered;
Number of days or hours;
Formula used;
Payments already received;
Remaining balance;
Legal basis;
Total amount.

Common formulas:

Daily rate for monthly-paid employees may depend on company policy, divisor, or applicable wage rules.

13th month pay: Total basic salary earned during the calendar year ÷ 12

Overtime pay: Hourly rate × applicable premium × number of overtime hours

Service incentive leave pay: Daily rate × unused convertible leave days

Backwages: Salary and benefits lost from dismissal until reinstatement or finality of decision, depending on the case and award

Because computations may vary by employee classification and facts, the position paper should explain assumptions.

XXVIII. Reliefs or Prayer

The prayer states what the party asks the Labor Arbiter to order.

A complainant may ask for:

Declaration of illegal dismissal;
Reinstatement;
Full backwages;
Separation pay in lieu of reinstatement;
Unpaid wages;
13th month pay;
Service incentive leave pay;
Overtime pay;
Holiday pay;
Rest day pay;
Night shift differential;
Separation pay;
Retirement pay;
Commissions or incentives;
Moral damages;
Exemplary damages;
Attorney’s fees;
Legal interest;
Other just and equitable reliefs.

A respondent may ask for:

Dismissal of the complaint;
Denial of monetary claims;
Recognition of valid dismissal;
Recognition of voluntary resignation;
Recognition of payment;
Award of employer claims, if properly pleaded;
Other appropriate reliefs.

The prayer should match the claims and arguments. Do not ask for reliefs that were never discussed.

XXIX. Legal Interest

Monetary awards in labor cases may include legal interest depending on the nature of the award and applicable jurisprudence. A party seeking payment may include a request for legal interest from the appropriate reckoning point until full satisfaction, subject to the Labor Arbiter’s determination.

The position paper need not overcomplicate interest computation, but it may include a general prayer for legal interest.

XXX. Damages and Attorney’s Fees

A. Moral Damages

Moral damages may be awarded where the employer acted in bad faith, fraudulently, oppressively, or in a manner that caused mental anguish, humiliation, or social suffering, subject to proof.

Moral damages are not automatically awarded in every illegal dismissal case.

B. Exemplary Damages

Exemplary damages may be awarded where the act was wanton, oppressive, or malevolent and where deterrence is appropriate.

C. Attorney’s Fees

Attorney’s fees may be awarded where the employee was compelled to litigate or incur expenses to protect rights and recover wages or benefits, or where law and equity justify the award.

The position paper should provide factual basis for damages and attorney’s fees, not just list them.

XXXI. Solidary Liability of Corporate Officers

Employees sometimes include company officers as respondents. However, corporate officers are not automatically personally liable for corporate obligations.

A position paper seeking personal liability should allege and prove a legal basis, such as bad faith, malice, participation in illegal dismissal, corporate fiction misuse, or specific statutory basis.

A bare allegation that a person is the owner, president, HR manager, or supervisor may not be enough.

Respondent officers should argue lack of personal participation, good faith, and separate juridical personality where appropriate.

XXXII. Resignation, Quitclaims, and Waivers

If the employer relies on resignation or quitclaim, the position paper should attach and discuss the documents.

A. For employees challenging resignation:

The position paper should explain why the resignation was involuntary, forced, coerced, or a product of unbearable conditions.

Evidence may include:

Threats;
Messages pressuring resignation;
Draft resignation prepared by employer;
Lack of separation benefits;
Immediate replacement;
Prior harassment;
Medical or emotional distress;
Timeline showing coercion.

B. For employers relying on resignation:

The position paper should show voluntariness, acceptance, clearance, final pay, quitclaim, and absence of coercion.

C. Quitclaims

Quitclaims are generally recognized only if voluntarily signed, supported by reasonable consideration, and not contrary to law or public policy. They may be challenged if unconscionable, forced, or used to waive statutory rights.

XXXIII. Authorized Cause Termination

For redundancy, retrenchment, closure, labor-saving devices, disease, or similar authorized causes, the employer’s position paper must be evidence-heavy.

It should show:

Business basis for the authorized cause;
Good faith;
Fair and reasonable criteria, where applicable;
Written notice to employee;
Written notice to DOLE, where required;
Proper separation pay;
Proof of payment or tender;
Supporting financial documents, if retrenchment or closure due to losses is claimed;
Board resolutions, organizational charts, or restructuring documents where relevant.

The employee may challenge lack of good faith, lack of basis, improper criteria, replacement hiring, failure to pay separation pay, or procedural defects.

XXXIV. Just Cause Termination

For just cause termination, the employer’s position paper should establish:

The specific just cause;
The company rule or legal basis violated;
Facts proving the violation;
Prior warnings or records, where relevant;
Proportionality of penalty;
Observance of procedural due process;
Notice to explain;
Opportunity to be heard;
Notice of decision.

The employee may argue that the act did not occur, was not serious, was condoned, was inconsistently punished, lacked proof, or did not justify dismissal.

XXXV. Procedural Due Process

In termination for just cause, the employer generally must observe the twin-notice and hearing opportunity requirements.

In authorized cause termination, the employer must generally comply with written notices to the employee and appropriate government office, as well as payment of proper separation pay where required.

Failure of due process may result in liability even if the dismissal had substantive basis. Thus, position papers should always address due process separately from the ground for dismissal.

XXXVI. Reinstatement and Separation Pay in Lieu of Reinstatement

In illegal dismissal cases, reinstatement is a usual remedy, but separation pay in lieu of reinstatement may be awarded when reinstatement is no longer feasible due to strained relations, closure, abolition of position, or other circumstances.

The complainant should state whether reinstatement is sought or whether separation pay in lieu of reinstatement is preferred.

The respondent may argue against reinstatement if the position no longer exists, if trust is broken, or if reinstatement is impractical.

XXXVII. Appeals and Preservation of Issues

The position paper helps preserve issues for appeal. Arguments not raised may be deemed waived or may be harder to introduce later.

A party should include all important:

Factual allegations;
Legal defenses;
Computations;
Objections;
Jurisdictional arguments;
Evidentiary points;
Reliefs.

Because appeal is generally based on the record, the position paper should be complete.

XXXVIII. Common Mistakes in Position Papers

Common mistakes include:

No clear timeline;
No issue statement;
Bare allegations without evidence;
Failure to attach documents;
Failure to compute monetary claims;
Inflated computations;
Inconsistent dates;
Irrelevant emotional accusations;
No proof of employment relationship;
No proof of dismissal;
No proof of payment;
Missing affidavits;
Unreadable screenshots;
Unmarked annexes;
Failure to serve the opposing party;
Missing verification or signature;
Raising too many unsupported claims;
Ignoring the other side’s strongest argument;
Copy-pasting law without applying facts;
Missing the filing deadline.

XXXIX. Practical Drafting Style

A labor position paper should be:

Clear;
Chronological;
Specific;
Evidence-based;
Organized by issue;
Respectful in tone;
Concise but complete;
Legally grounded;
Mathematically accurate;
Consistent with attachments.

The goal is not to sound angry. The goal is to persuade through facts, law, and evidence.

XL. Suggested Position Paper Outline

A practical outline may look like this:

I. Prefatory Statement Brief summary of the case.

II. Statement of Facts Chronological facts with annex references.

III. Issues List of issues for resolution.

IV. Arguments Discussion of each issue.

V. Monetary Claims and Computation Detailed table and formulas.

VI. Evidence Summary of annexes and affidavits.

VII. Prayer Specific reliefs requested.

VIII. Verification and Certification If required.

IX. Annexes and Proof of Service Supporting documents.

XLI. Sample Position Paper Skeleton

COMPLAINANT’S POSITION PAPER

Complainant, through counsel or in person, respectfully states:

I. Prefatory Statement

This is a case for illegal dismissal and money claims. Complainant was employed by respondent as [position] from [date] until [date]. Respondent dismissed complainant without valid cause and without due process. Respondent also failed to pay complainant’s [state benefits].

II. Facts

Complainant was hired on [date] as [position], with a salary of [amount], as shown by [Annex A].
Complainant performed [duties].
On [date], [incident].
On [date], respondent dismissed complainant by [method], as shown by [Annex B].
Respondent did not issue a notice to explain, did not conduct a hearing, and did not issue a notice of decision.
Complainant remains unpaid for [claims].

III. Issues

Whether complainant was illegally dismissed.
Whether complainant is entitled to backwages, reinstatement or separation pay, and other monetary claims.
Whether complainant is entitled to damages and attorney’s fees.

IV. Arguments

[Discuss facts, law, evidence, and reliefs.]

V. Computation

[Insert table.]

VI. Prayer

WHEREFORE, premises considered, complainant respectfully prays that judgment be rendered ordering respondents to pay [specific reliefs].

Other just and equitable reliefs are likewise prayed for.

XLII. Sample Employer Position Paper Skeleton

RESPONDENT’S POSITION PAPER

Respondent, through counsel or authorized representative, respectfully states:

I. Prefatory Statement

The complaint should be dismissed for lack of merit. Complainant was not illegally dismissed. Rather, complainant was [validly dismissed for cause / separated due to authorized cause / resigned voluntarily / fully paid].

II. Facts

Respondent hired complainant on [date] as [position].
Complainant was subject to company rules and policies, including [policy], attached as [Annex 1].
On [date], complainant committed [act], supported by [evidence].
Respondent issued a notice to explain on [date].
Complainant submitted an explanation on [date] or failed to do so.
Respondent conducted a hearing or gave complainant an opportunity to be heard on [date].
Respondent issued a notice of decision on [date].
Complainant was paid all amounts due, as shown by [evidence].

III. Issues

Whether complainant was validly dismissed.
Whether respondent complied with due process.
Whether complainant is entitled to monetary claims.
Whether the complaint should be dismissed.

IV. Arguments

[Discuss defenses and evidence.]

V. Prayer

WHEREFORE, respondent respectfully prays that the complaint be dismissed for lack of merit.

Other just and equitable reliefs are likewise prayed for.

XLIII. Checklist Before Filing

Before filing a position paper, check:

Is the caption correct?
Are party names correct?
Is the case number correct?
Is the timeline complete?
Are all claims discussed?
Are all defenses included?
Are all annexes marked?
Are annexes readable?
Are affidavits signed and notarized, if required?
Are computations clear?
Are dates consistent?
Are legal arguments connected to evidence?
Is the prayer complete?
Is the document signed?
Is verification included, if required?
Is certification included, if required?
Is proof of service prepared?
Are copies ready for filing and service?
Is the deadline met?
Are electronic copies saved?

XLIV. Frequently Asked Questions

1. Is a position paper required in all labor cases?

Not necessarily in every labor-related matter, but it is commonly required in NLRC proceedings when the case proceeds beyond mandatory conferences and settlement fails.

2. Can a non-lawyer prepare a position paper?

A party may represent themselves in many labor proceedings, but legal assistance is often helpful, especially in illegal dismissal, high-value money claims, or complicated jurisdictional issues.

3. Can evidence be submitted after the position paper?

Sometimes, if the Labor Arbiter allows it. However, parties should not rely on later submission. Important evidence should be attached to the position paper.

4. What happens if I fail to file a position paper?

The Labor Arbiter may decide the case based on available records. Failure to file may severely prejudice the party.

5. Should the position paper be notarized?

Supporting affidavits are usually sworn. Verification may also require notarization. The party should follow the Labor Arbiter’s order and applicable rules.

6. Can screenshots be used as evidence?

Yes, screenshots may be used, but they should be clear, complete, and supported by explanation or affidavit where possible.

7. Should I attach all documents I have?

No. Attach relevant documents. Too many irrelevant documents may confuse the issues. But do not omit important evidence.

8. How long should a position paper be?

It should be long enough to fully present the facts, evidence, and law, but not unnecessarily repetitive. A simple money claim may be short; a complex illegal dismissal case may require a longer submission.

9. Can I raise new claims in the position paper?

Claims should generally be consistent with the complaint and proceedings. New claims may be challenged if they were not properly pleaded or if the other party is prejudiced. Seek leave or clarification if necessary.

10. Is oral testimony required?

Usually not. Labor cases are often decided based on position papers, affidavits, and documents, although the Labor Arbiter may conduct clarificatory proceedings.

XLV. Key Takeaways

The position paper is a central document in Philippine labor litigation. It may determine whether a party wins or loses.

A strong position paper is factual, organized, evidence-based, and legally grounded. It should clearly state what happened, what issues must be resolved, what law applies, what evidence supports the party’s position, and what relief is requested.

For employees, the position paper should prove employment, dismissal or entitlement to benefits, unpaid amounts, and damages where applicable. For employers, it should prove valid cause, due process, payment, resignation, lack of entitlement, or other defenses.

Because labor cases are summary in nature and may be decided on the pleadings, parties should treat the position paper as their full case presentation. Unsupported claims, missing annexes, unclear computations, and missed deadlines can seriously weaken a case.

The practical rule is simple: tell the story clearly, prove every important fact, compute every monetary claim carefully, attach the right evidence, and ask for the proper relief.