I. Introduction

A position paper is a written submission in which a party states its version of facts, legal arguments, defenses, claims, and supporting evidence. In Philippine practice, position papers are commonly required in labor cases, administrative proceedings, disciplinary investigations, quasi-judicial proceedings, and certain summary or non-litigious proceedings where the deciding authority resolves issues based primarily on written submissions rather than a full-blown trial.

A recurring practical question is whether a position paper must be notarized. The answer depends on the nature of the proceeding, the rule or order requiring the position paper, and whether the paper contains statements that must be made under oath. As a general rule, a position paper is not automatically required to be notarized merely because it is called a “position paper.” Notarization becomes necessary when the law, the rules, the tribunal, or the nature of the attached statements requires that the submission be verified, sworn, or acknowledged.

In Philippine legal practice, the safer approach is this: when a position paper is required to contain factual assertions that the tribunal will rely upon as evidence, or when the rules expressly require a verified position paper, the party should have it notarized.

II. Meaning and Function of a Position Paper

A position paper is not merely a memorandum of arguments. It often performs several functions at once:

It presents the party’s factual narrative.
It identifies the issues for resolution.
It states the legal basis of the party’s claim or defense.
It attaches documentary evidence.
It may include sworn statements, affidavits, certifications, and other supporting documents.
In many proceedings, it substitutes for direct testimony or trial presentation.

Because position papers often carry evidentiary value, many agencies require them to be verified, meaning that the party swears under oath that the allegations are true and correct based on personal knowledge or authentic records.

III. Notarization, Verification, and Acknowledgment Distinguished

To understand when notarization is required, it is necessary to distinguish three related concepts.

A. Notarization

Notarization is the act by which a notary public certifies that a person personally appeared before the notary, was identified through competent evidence of identity, and executed or swore to a document. A notarized document is generally entitled to greater evidentiary weight because it becomes, in form, a public document.

However, notarization does not automatically make every statement in the document true. It primarily authenticates the act of execution, oath, or acknowledgment, depending on the notarial act performed.

B. Verification

A verification is a sworn statement attached to a pleading or submission declaring that the allegations are true and correct based on the personal knowledge of the affiant or authentic records.

A verified position paper usually requires notarization because the verification is made under oath before a notary public or another officer authorized to administer oaths.

A typical verification reads:

I am the petitioner/respondent in this case. I have caused the preparation of the foregoing Position Paper. I have read its contents and affirm that the allegations therein are true and correct based on my personal knowledge and/or authentic records.

The verification is then signed and sworn before a notary public.

C. Acknowledgment

An acknowledgment is a notarial act where the signer personally appears before the notary and declares that the document is his or her free and voluntary act. It is different from a jurat, where the signer swears to the truth of the contents.

For position papers, what is usually required is not a mere acknowledgment, but a jurat, because the party is swearing to the truth of the allegations.

IV. General Rule: A Position Paper Need Not Be Notarized Unless Required

There is no universal rule in Philippine procedure stating that every position paper must be notarized. The need for notarization depends on the applicable procedural rules.

A position paper may be required to be notarized when:

The governing rules expressly require a verified position paper.
The tribunal, labor arbiter, hearing officer, disciplining authority, or agency specifically orders notarized submissions.
The position paper contains factual allegations that must be sworn to.
The position paper is submitted together with affidavits, sworn certifications, or documents requiring oath.
The paper is intended to serve as evidence in lieu of oral testimony.
The position paper includes a certification against forum shopping or similar sworn certification.
The applicable agency practice treats unverified factual submissions as insufficient.
The position paper is submitted in a proceeding where affidavits and verified pleadings are required in lieu of formal trial.

Thus, the correct question is not simply, “Is a position paper notarized?” The better question is: Does the rule, order, or nature of the proceeding require the position paper to be verified or sworn?

V. Position Papers in Labor Cases

The most common Philippine setting where position papers are used is labor litigation.

A. Proceedings Before the Labor Arbiter

In cases before the Labor Arbiter, especially illegal dismissal, money claims, and other labor disputes, parties are usually directed to submit position papers after mandatory conciliation or preliminary conferences.

Under labor procedure, position papers are vital because labor cases are generally resolved through a simplified, non-litigious process. Formal trial is not the norm. The Labor Arbiter may decide the case based on the pleadings, position papers, affidavits, and documentary evidence submitted by the parties.

Because of this, position papers in labor cases are commonly required to be verified. The verification is important because the Labor Arbiter may rely on the factual statements in the paper and its attachments in deciding the controversy.

B. Why Verification Matters in Labor Cases

In labor proceedings, the position paper often serves as the party’s main evidentiary submission. The complainant states the facts supporting illegal dismissal, underpayment, nonpayment of benefits, constructive dismissal, or other claims. The employer, on the other hand, presents defenses such as abandonment, valid dismissal, redundancy, retrenchment, just cause, authorized cause, payment, release, quitclaim, lack of employer-employee relationship, or prescription.

Since the position paper may substitute for testimonial presentation, verification helps ensure that a party stands behind the truth of the allegations.

C. Attachments to Labor Position Papers

A labor position paper may attach:

employment contract;
payslips;
payroll records;
time records;
notices to explain;
notices of termination;
affidavits of witnesses;
company policies;
quitclaims;
clearance documents;
computation of monetary claims;
screenshots, messages, or emails;
certificates of employment;
proof of payment;
attendance records;
medical records, where relevant;
DOLE inspection reports;
establishment reports for authorized cause terminations.

Affidavits attached to the position paper should themselves be notarized because they are sworn statements. Even if the position paper is verified, separate witness affidavits should also be properly sworn.

D. Consequence of an Unverified Labor Position Paper

The consequence depends on the rules, the Labor Arbiter’s order, and the circumstances.

An unverified position paper may be:

accepted despite the defect, especially in the interest of substantial justice;
treated as defective but curable;
given less evidentiary weight;
ordered corrected by submission of a verified copy;
disregarded in whole or in part if the defect is serious and prejudicial;
treated as failure to comply with the order to submit a proper position paper.

Labor tribunals are generally not strictly bound by technical rules of procedure and evidence. However, this does not mean that notarization and verification may be ignored. A party who submits an unverified position paper risks weakening its case, especially where factual allegations are contested.

VI. Position Papers in Administrative Proceedings

Position papers are also used in administrative disciplinary cases, including proceedings involving public officers, employees, licensees, professionals, students, or regulated entities.

A. Administrative Agencies and Quasi-Judicial Bodies

Administrative agencies may require parties to submit position papers instead of conducting a full hearing. Examples include proceedings before regulatory agencies, local government bodies, professional boards, and internal disciplinary committees.

Whether notarization is required depends on the agency rules or the order of the hearing officer. If the agency directs the parties to submit verified position papers, notarization is required.

B. Administrative Due Process

In administrative proceedings, due process generally requires that the party be informed of the charges or issues and given a meaningful opportunity to explain. This opportunity may be through a counter-affidavit, position paper, memorandum, or other written submission.

When the position paper contains the party’s factual explanation, it is often required to be sworn. This allows the disciplining authority to rely on the paper as the party’s official account.

C. Civil Service and Government Disciplinary Proceedings

In government disciplinary proceedings, parties may be required to submit verified answers, affidavits, counter-affidavits, or position papers. Notarization is generally needed when the rules require the submission to be under oath.

Public officers responding to administrative complaints should ensure that factual defenses are contained in verified pleadings or sworn affidavits, particularly when the deciding authority resolves the case based on the records.

VII. Position Papers in Court-Connected or Court-Related Proceedings

Although courts more commonly require pleadings, memoranda, comments, and briefs, position papers may also appear in certain court-connected proceedings, special rules, or alternative dispute settings.

A. Small Claims

In small claims cases, formal pleadings and notarized position papers are generally not the central mechanism. The process relies on standardized forms, verified statements, and attached documents. Where a statement or certification is required to be sworn, notarization or oath before an authorized officer may be necessary.

B. Summary Procedure

In cases under summary procedure, courts may require verified pleadings, affidavits, and position papers or memoranda depending on the stage and applicable rule. If the submission is ordered to be verified or supported by affidavits, notarization is required for the verification or affidavits.

C. Mediation, Conciliation, and Alternative Dispute Resolution

Position papers submitted for mediation or settlement conferences are usually not notarized unless required by the mediator, institution, or rules. Since mediation submissions are often confidential and used for settlement purposes rather than adjudication, notarization is not always necessary.

However, if the position paper is also intended as an evidentiary submission in arbitration or quasi-judicial adjudication, verification may be required.

VIII. Position Papers in Arbitration

In arbitration, the need for notarization depends on the arbitration agreement, institutional rules, procedural order, or arbitral tribunal’s directions.

A position paper submitted in arbitration may not need notarization if it is primarily a legal memorandum. But witness statements, affidavits, certifications, or documentary authentications attached to it may need to be sworn.

Where the tribunal orders verified submissions, notarization becomes necessary.

IX. Position Papers Before the Barangay or Local Authorities

Barangay conciliation proceedings generally emphasize mediation and settlement, not formal notarized position papers. Parties may submit written statements, but notarization is usually not required unless a specific document must be sworn.

However, if a written statement is intended to be used later in court, before an agency, or as an affidavit, it should be notarized.

X. Position Papers in School, Employment, and Internal Investigations

Private institutions, companies, schools, and organizations may require employees, students, officers, or members to submit position papers or written explanations.

A. Private Employment Investigations

In private employment disciplinary proceedings, employees are commonly asked to submit a written explanation, not necessarily a notarized position paper. For example, after receiving a notice to explain, the employee may submit a written explanation denying the charge or explaining the incident.

Notarization is not automatically required unless the employer specifically requires a sworn statement. Still, an employee may choose to submit a notarized explanation when the matter is serious, such as accusations of fraud, theft, harassment, violence, dishonesty, or gross misconduct.

B. School Disciplinary Proceedings

Students may be asked to submit position papers or written explanations in disciplinary proceedings. Notarization is not always required, especially for minors. The school’s handbook, disciplinary rules, or hearing committee order will govern.

If the student is a minor, statements may need to be signed by a parent or guardian, depending on school policy.

C. Corporate or Association Disputes

Corporations, homeowners’ associations, cooperatives, unions, and professional associations may require position papers in internal disputes. Notarization depends on their internal rules or the instructions of the adjudicating body.

XI. Position Paper Versus Affidavit

A position paper and an affidavit are different.

A position paper argues a party’s case. It may contain both facts and law. It is usually structured by issues and arguments.

An affidavit is a sworn factual statement. It is evidence. It should contain matters within the personal knowledge of the affiant.

Because position papers often contain legal arguments prepared by counsel, not every paragraph is suitable for oath. A verification normally covers factual allegations based on personal knowledge or authentic records, while legal arguments remain submissions of counsel.

Where factual matters are crucial, the better practice is to attach notarized affidavits of persons with personal knowledge instead of relying solely on the position paper’s allegations.

XII. Position Paper Versus Memorandum

A memorandum is usually a legal argument submitted after the issues and evidence have already been presented. It may discuss facts, but it is primarily argumentative.

A position paper often combines allegations, evidence, and legal arguments. Because it may serve as an evidentiary submission, it is more commonly verified than a memorandum.

A legal memorandum generally does not need notarization unless ordered by the tribunal or unless it includes a sworn certification.

XIII. When a Position Paper Must Be Notarized

A position paper must be notarized in the following common situations:

1. When the Rules Require a Verified Position Paper

If the applicable rules state that the position paper must be verified, notarization is required. Verification is made under oath, and the oath is usually administered by a notary public.

2. When the Tribunal Orders a Verified Submission

Even if the general rule is silent, the hearing officer, labor arbiter, administrative agency, or tribunal may direct the parties to submit verified position papers. Failure to comply may result in the paper being treated as defective.

3. When the Position Paper Contains a Verification

Once the party includes a verification, the verification must be notarized or sworn before an authorized officer. An unsigned or unnotarized verification is defective.

4. When the Position Paper Includes a Certification Against Forum Shopping

If a certification against forum shopping is required, it must be executed under oath. In such case, notarization is required for the certification.

5. When Factual Allegations Are Intended as Evidence

If the tribunal will decide based on the factual allegations in the position paper, notarization is strongly required or, at minimum, highly advisable.

6. When Supporting Witness Statements Are Attached

Witness affidavits must be notarized. A witness statement that is not sworn may still be considered in some administrative proceedings, but it carries less evidentiary value.

7. When Agency Rules Require Sworn Documents

Many administrative agencies require sworn pleadings, verified answers, counter-affidavits, affidavits, or position papers. Where the agency rule requires oath, notarization is necessary.

8. When the Position Paper Is Filed by a Representative

If a representative signs for a party, notarization may be required for the authority, such as a special power of attorney, board resolution, secretary’s certificate, or authorization letter, depending on the circumstances.

9. When the Paper Is Filed for a Corporation or Juridical Entity

A corporation acts through authorized officers. A corporate position paper is usually signed by counsel and/or an authorized representative. The verification should be signed by an officer who has personal knowledge or access to authentic corporate records. Supporting authority may need to be attached.

10. When the Position Paper Contains Admissions or Waivers

If the position paper includes admissions, waivers, undertakings, or commitments, notarization helps establish that the party knowingly and voluntarily made them.

XIV. When Notarization Is Usually Not Required

Notarization is usually not required when:

The position paper is merely an internal company or school explanation.
The paper is submitted for mediation or settlement discussion only.
The tribunal only asks for an informal written statement.
The paper is purely a legal memorandum with no factual verification required.
The applicable rules do not require verification.
The document is submitted electronically under a system that accepts unsworn submissions, unless the rules still require a notarized original or sworn declaration.
Counsel signs the paper only as an advocate and not as an affiant.

Even in these cases, notarization may still be prudent if the facts are contested and the paper may later be used as evidence.

XV. Legal Effect of Notarization

A notarized position paper, or more accurately a position paper with a notarized verification, has several legal effects.

A. It Converts the Verification Into a Sworn Statement

The party swears to the truth of factual allegations. This exposes the party to possible liability for false statements, including perjury, if the elements are present.

B. It Increases Formal Reliability

A notarized document is treated with more formality than an unsigned or unverified submission. It shows that the person signing personally appeared before a notary and affirmed the document.

C. It Helps Authenticate Execution

Notarization helps prove that the person signed the document voluntarily and personally appeared before the notary.

D. It May Cure Evidentiary Concerns

A verified position paper may be considered more reliable than a mere unsworn narrative. However, notarization does not cure hearsay, lack of personal knowledge, or absence of supporting evidence.

XVI. Limitations of Notarization

Notarization is important, but it has limits.

A notarized position paper does not automatically prove:

that the facts stated are true;
that the attachments are authentic;
that the legal arguments are correct;
that the signatory personally knows every allegation;
that the tribunal must accept the submission;
that defective evidence becomes admissible;
that hearsay statements become competent evidence.

The notary does not certify the truth of the facts. The notary certifies the notarial act: appearance, identity, oath, acknowledgment, or execution.

XVII. The Proper Notarial Form for a Position Paper

A position paper usually needs a verification with jurat, not merely an acknowledgment.

A. Verification

The verification should state that the affiant has read the position paper and that its factual allegations are true and correct based on personal knowledge or authentic records.

B. Jurat

The jurat is the portion where the notary states that the document was subscribed and sworn to before the notary by the affiant, who presented competent evidence of identity.

A simplified form is:

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__, in __________, Philippines, affiant personally appearing and exhibiting to me competent evidence of identity as indicated below.

This is followed by the notarial details.

XVIII. Who Should Sign the Verification

The proper signatory depends on the party.

A. Individual Party

If the party is an individual, the individual should sign the verification.

B. Corporation

If the party is a corporation, the verification should be signed by an authorized officer, such as the president, general manager, HR manager, legal officer, corporate secretary, or another officer authorized by board resolution or corporate practice.

The signatory should have personal knowledge of the facts or access to authentic corporate records.

C. Partnership or Association

A managing partner, authorized representative, president, chairperson, or other authorized officer may sign.

D. Government Office

An authorized official or officer with custody of relevant records may sign.

E. Counsel

Counsel generally should not sign the verification unless counsel has personal knowledge of the facts or is authorized and competent to swear to matters based on authentic records. Legal arguments may be signed by counsel, but factual verification is preferably signed by the party or authorized representative.

XIX. Corporate Authority and Position Papers

When a corporation files a position paper, the opposing party may question whether the signatory was authorized. To avoid this, the corporation may attach:

secretary’s certificate;
board resolution;
special power of attorney;
notarized authorization;
proof of position or appointment;
company ID or official designation;
relevant corporate records showing authority.

In labor cases, an HR manager or company representative often signs based on official records. Still, where authority is challenged, documentary proof is useful.

XX. Electronic Filing and Scanned Notarized Position Papers

Electronic filing has become common in Philippine practice. A party may be required to email, upload, or electronically submit a scanned copy of the notarized position paper.

The following practical rules usually apply:

The document should first be physically signed and notarized.
The notarized document should be scanned clearly.
The scanned copy may be filed electronically if allowed.
The original should be retained.
The tribunal may later require presentation or submission of the original.
Electronic signatures may be allowed only if the applicable rules or platform permit them.

A scanned notarized position paper is not the same as an electronically notarized document. Unless electronic notarization is specifically permitted under the applicable framework, ordinary notarization still requires personal appearance before the notary.

XXI. Defective Notarization

A position paper may suffer from defective notarization if:

the affiant did not personally appear before the notary;
the notary did not verify competent evidence of identity;
the notarial register details are missing;
the notary’s commission had expired;
the notarial venue is improper;
the jurat is incomplete;
the document lacks the affiant’s signature;
the notary notarized a blank or incomplete document;
the verification is not actually sworn;
the document uses acknowledgment when a jurat is required.

A defective notarization may reduce the document to a private writing and may impair the validity of the verification.

XXII. Consequences of Failure to Notarize

The consequences vary depending on the proceeding.

A. The Position Paper May Be Treated as Unverified

If verification is required and the position paper is not notarized, it may be treated as unverified.

B. The Tribunal May Order Correction

The tribunal may require the party to submit a corrected, verified, or notarized copy.

C. The Submission May Be Given Less Weight

An unnotarized factual narrative may be considered less reliable, especially if unsupported by affidavits or documents.

D. The Submission May Be Disregarded

In stricter proceedings, failure to submit a verified position paper may be treated as noncompliance.

E. The Party May Lose the Opportunity to Present Evidence

If position papers are the primary vehicle for presenting evidence, a defective submission can seriously prejudice the party.

F. The Defect May Be Relaxed in the Interest of Justice

In labor and administrative proceedings, technical rules may be relaxed, especially where the merits are clear and no party is prejudiced. But relaxation is discretionary; it should not be relied upon.

XXIII. Substantial Compliance

Philippine tribunals sometimes apply substantial compliance, particularly where the defect is formal and the party’s intent is clear. A missing or defective verification may sometimes be corrected.

However, substantial compliance is not automatic. Factors that may influence the tribunal include:

whether the defect was promptly corrected;
whether the opposing party was prejudiced;
whether the submission was timely filed;
whether the signatory had authority;
whether the facts are supported by other sworn evidence;
whether the proceeding is technical or summary;
whether strict application would defeat substantial justice.

A party should not intentionally omit notarization on the assumption that the defect will be excused.

XXIV. Position Papers and Perjury Risk

A notarized verification is a sworn statement. False statements in a verified position paper may expose the affiant to legal consequences, including possible perjury, if all legal elements are present.

For this reason, the signatory should not verify allegations that are:

speculative;
exaggerated;
unsupported;
based solely on hearsay;
outside personal knowledge;
inconsistent with records;
inserted only as advocacy;
copied from counsel’s draft without review.

A careful verification should state that factual allegations are true based on personal knowledge and/or authentic records, not that every legal conclusion is personally known to the affiant.

XXV. Best Practices for Drafting a Notarized Position Paper

A. Separate Facts From Arguments

The paper should clearly distinguish:

statement of facts;
issues;
arguments;
reliefs prayed for;
evidence attached.

This reduces the risk that the affiant is made to swear to purely legal conclusions.

B. Attach Proper Evidence

A verified position paper should not rely on bare allegations. Attach relevant documents and affidavits.

C. Use Sworn Affidavits for Key Facts

Where facts are disputed, attach affidavits of persons with direct knowledge.

D. Identify the Basis of Knowledge

The verification should say whether the allegations are based on personal knowledge, authentic records, or both.

E. Ensure Authority of the Signatory

For corporations or organizations, attach proof of authority when necessary.

F. Review All Attachments

The affiant should review the paper and attachments before signing.

G. Use a Jurat

For sworn verification, use a jurat, not merely an acknowledgment.

H. Retain the Original

Keep the original notarized position paper and file copies as required.

I. Avoid Overbroad Verification

Avoid wording that makes the affiant swear to matters outside personal knowledge.

J. Observe Deadlines

Notarization does not excuse late filing. A timely unverified paper may still be defective; a properly notarized paper filed late may still be excluded.

XXVI. Sample Structure of a Notarized Position Paper

A standard Philippine position paper may contain:

Caption and docket number;
Title: Position Paper;
Prefatory statement;
Statement of facts;
Issues;
Arguments;
Discussion of evidence;
Prayer or relief;
Signature of party or counsel;
Verification;
Certification against forum shopping, if required;
Jurat;
Annexes;
Explanation or proof of service, if required.

XXVII. Sample Verification for a Position Paper

A common form is:

VERIFICATION

I, [Name], of legal age, [civil status], Filipino, and with address at [address], after having been duly sworn, state:

I am the [complainant/respondent/authorized representative] in the above-entitled case.
I caused the preparation of the foregoing Position Paper.
I have read the same and the allegations therein are true and correct based on my personal knowledge and/or authentic records.
The documents attached to the Position Paper are faithful copies of the records in my possession or under my control, to the best of my knowledge.

IN WITNESS WHEREOF, I have signed this Verification this ___ day of ______ 20__ at __________, Philippines.

[Signature] [Name]

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at __________, Philippines, affiant personally appearing and exhibiting competent evidence of identity.

XXVIII. Sample Verification for a Corporate Party

VERIFICATION

I, [Name], of legal age, Filipino, and with office address at [address], after having been duly sworn, state:

I am the [position] of [corporation/company].
I am authorized to execute this Verification on behalf of the company.
I caused the preparation of the foregoing Position Paper.
I have read the same and the factual allegations therein are true and correct based on my personal knowledge and/or authentic company records.
The documents attached to the Position Paper are faithful copies of company records or documents in the company’s possession, custody, or control.

IN WITNESS WHEREOF, I have signed this Verification this ___ day of ______ 20__ at __________, Philippines.

[Signature] [Name] [Position]

SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__ at __________, Philippines, affiant personally appearing and exhibiting competent evidence of identity.

XXIX. Certification Against Forum Shopping

A certification against forum shopping is not always required for every position paper. It is required when the applicable rules demand it, particularly in initiatory pleadings and certain proceedings.

When required, it must be signed by the party, not merely by counsel, unless counsel is specifically authorized and the circumstances allow. It must be under oath, so notarization is necessary.

A defective certification against forum shopping can have more serious consequences than a defective verification, depending on the proceeding.

XXX. Role of Counsel

Counsel usually signs the position paper to certify professional responsibility for the arguments and submissions. But the party or authorized representative should sign the verification.

The lawyer should ensure that:

the client has reviewed the position paper;
the factual allegations are supported;
the verification is properly worded;
the signatory has authority;
the notarial act is valid;
annexes are properly marked;
affidavits are separately notarized;
service and filing requirements are met.

Counsel should not notarize a document where prohibited by notarial rules or where there is a conflict, improper appearance, or lack of personal appearance by the affiant.

XXXI. Special Issues in Labor Position Papers

A. Employer’s Position Paper

An employer’s verified position paper should be supported by employment records. In illegal dismissal cases, the employer usually bears the burden of proving that the dismissal was valid. Therefore, the employer’s position paper should not merely deny allegations; it should attach the notices, evidence of cause, proof of compliance with procedural due process, and relevant company policies.

B. Employee’s Position Paper

The employee’s verified position paper should clearly state the employment relationship, position, salary, period of employment, circumstances of dismissal or claim, and computation of monetary reliefs.

Where the employee has limited access to records, sworn narration and available documents become important.

C. Monetary Claims

Computations should be attached and explained. Verification does not prove the computation by itself, but it supports the party’s assertion of the factual basis.

D. Quitclaims and Releases

If a quitclaim is attached, notarization of the quitclaim itself may affect its evidentiary value. However, a notarized quitclaim does not automatically bar labor claims if voluntariness, consideration, and fairness are contested.

XXXII. Evidentiary Value of Unsworn Position Papers

An unsworn position paper may still be considered as a pleading, argument, or manifestation. But as evidence of contested facts, it is weaker.

Tribunals may distinguish between:

legal arguments, which need not be sworn;
factual allegations, which should be supported by oath or evidence;
documentary attachments, which may need authentication;
affidavits, which should be sworn.

A party relying only on an unsworn position paper risks having its factual claims treated as unsupported.

XXXIII. Practical Checklist

Before filing a position paper, check the following:

Does the rule require a verified position paper?
Did the order require notarization?
Is the position paper signed by counsel?
Is the verification signed by the proper party?
Is the verification notarized?
Does the notarial certificate use a jurat?
Are the annexes complete and marked?
Are witness affidavits notarized?
Is corporate authority attached, if needed?
Is certification against forum shopping required?
Has the document been served on the other party?
Has proof of service been prepared?
Are electronic filing rules satisfied?
Is the original notarized copy retained?
Is the filing within the deadline?

XXXIV. Common Mistakes

Common errors include:

Filing an unsigned position paper.
Filing a position paper signed only by counsel but not verified by the party.
Using an acknowledgment instead of a jurat.
Having the document notarized without personal appearance.
Letting an unauthorized corporate employee sign the verification.
Attaching unsigned or unnotarized affidavits.
Submitting factual allegations without evidence.
Filing scanned copies that are unreadable.
Forgetting the certification against forum shopping where required.
Swearing to allegations beyond the affiant’s knowledge.
Missing deadlines because of notarization delays.
Assuming labor tribunals will always excuse defects.
Using generic verification language that does not match the case.
Not attaching proof of identity details required for notarization.
Not retaining the original notarized document.

XXXV. Practical Rule of Thumb

A position paper should be notarized when it does any of the following:

narrates facts that the deciding authority will rely on;
is required to be verified;
attaches affidavits;
includes sworn certifications;
is submitted in a labor, administrative, or quasi-judicial proceeding;
is filed by a corporation through a representative;
is intended to serve as evidence;
is ordered by the tribunal to be notarized.

A position paper may be left unnotarized only when it is clearly informal, purely argumentative, or submitted in a setting where no oath is required. Even then, notarization may still be advisable when the stakes are significant.

XXXVI. Conclusion

In Philippine practice, notarization of a position paper is not required simply because the document is called a position paper. The requirement arises when the position paper must be verified, when the tribunal or agency requires sworn submissions, when the paper includes factual allegations meant to be treated as evidence, or when related certifications and affidavits must be made under oath.

The safest and most professionally sound practice is to notarize a position paper whenever it is submitted in labor, administrative, or quasi-judicial proceedings and contains factual assertions central to the case. A properly notarized verification strengthens the formality, reliability, and evidentiary usefulness of the submission, while failure to notarize may result in defects, reduced evidentiary weight, or noncompliance with procedural requirements.

Notarization is not a substitute for proof, but it is often the procedural bridge that allows a party’s written factual position to be treated seriously in proceedings decided on the basis of documents.