How To Write A Notice Of Decision (2025 Update)

What is a Notice of Decision Memo?

Please read the following for better appreciation of the topic

• How to Write a Notice to Explain Memo
• How to Conduct an Administrative Investigation
• Due Process and Employee Relations
• Due Process and Employee Resignation
• Progressive Discipline
• Termination: Just Causes
• Termination: Authorized Causes
• Termination: Health Reasons

Basis of the Notice of Decision

The NOD is based on the case report prepared by HR/IR/LR and approved by management, including facts, investigation summary, findings, and recommendations with mitigating and aggravating factors.

📄 Sample Notice of Decision Memo Templates (2025 Edition)

TO: [Employee Name]
THRU: [Department Head / Manager]
DATE: [Date Prepared]
FROM: [HR / IR / LR Head or Committee Chair]
RE: NOTICE OF DECISION

Relative to the Notice to Explain issued on [date and time] at [location], re: [incident and alleged violation].

Per our Code of Conduct, this falls under [rule number & violation] with the corresponding disciplinary action for [first/second/third offense].

We received your written explanation on [date] and invited you to an administrative meeting on [date] to further explain your side.

After reviewing the facts and evidence, management concludes that you committed the cited infraction(s). 
You are therefore advised of this decision: [state sanction — warning, suspension, or termination].

A similar infraction in the future shall be dealt with more severely per company policy.

FOR SUSPENSION: From [start date] to [end date]
FOR TERMINATION: Effective [effectivity date]

PROOF OF SERVICE: This NOD was served on [date/time] via [method: hand delivery / registered mail / corporate email] 
and acknowledged by [employee name/email time stamp]. 
If refused or undelivered, attach witness note and/or postal registry.

Please be guided accordingly.

Respectfully,

[Signature]
[Name and Position Title]
Noted by: [Next Officer Up]
CC: 201 File (and Union if applicable)
  

TO: [Employee Name]
THRU: [Department Head / Manager]
DATE: [Date Prepared]
FROM: [HR / IR / LR Head or Committee Chair]
RE: NOTICE OF DECISION

Relative to the Notice to Explain issued on [date and time] at [location], re: [incident and alleged violation].

After reviewing the facts of the case and your explanation, management found no substantive evidence to support a violation.

For your guidance.

Respectfully,

[Signature]
[Name and Position Title]
Noted by: [Next Officer Up]
CC: 201 File (and Union if applicable)
  

When Employee Refuses to Receive

If the employee refuses to receive the memo, have the supervisor (and a union officer if any) witness the refusal and sign “Employee refuses to receive.” Alternatively, send via registered mail with return card to the last known address and file the proof in the 201 file.

Serving and Acknowledging the NOD

• Employee signs and dates receipt of the NOD.
• Copy is filed in the 201 file.
• For warnings/suspensions, the immediate supervisor issues the NOD; for terminations, HR co-signs.

2025 Updates — DOLE, NLRC & Supreme Court Clarifications

🧩 DOLE & NLRC Guidance (2023–2025)

• 
  DOLE Department Order No. 147-15 (Series of 2015) remains the primary guide for due process in employee termination. It reaffirms that both the Notice to Explain and Notice of Decision are required under the twin-notice rule.
• 
  NLRC Circular No. 1-2024reiterates the two-notice requirement and allows electronic delivery (e-mail or HR portal) if proof of receipt can be verified (e.g., read receipt, timestamp, or acknowledgment).

⚖️ Supreme Court Jurisprudence (Key Decisions)

• 
  Pepsi-Cola Products Phils., Inc. v. Molon (G.R. No. 175002, Feb. 18, 2013) — Reaffirmed that two separate written notices and a meaningful opportunity to be heard are indispensable requirements for lawful termination.
• 
  King of Kings Transport v. Mamac (G.R. No. 166208, June 29, 2007) — Clarified the twin-notice rule: the first notice must clearly specify the charge and give the employee at least five (5) calendar days to respond; the second notice conveys management’s decision after due hearing.
• 
  R.B. Michael Press v. Galit (G.R. No. 153510, Feb. 13, 2008) — Applied and reinforced the King of Kings doctrine, emphasizing that both the NTE and NOD must be served with adequate notice and proper documentation.
• 
  Morales v. Central Azucarera de la Carlota (G.R. No. 227813, Feb. 10, 2021) — Upheld that service through registered mail or documented delivery attempts constitutes substantial compliance with due process.

🤖 Digital HR Governance & Compliance

• DOLE Advisory 02-2025 now recognizes digital signatures and
  email acknowledgments as valid proof of notice service.
  Employers should maintain verifiable logs and timestamps for every NTE and NOD.
• Maintain a digital audit trail (read receipts, email metadata, HRIS logs)
  for all administrative documents as part of compliant HR recordkeeping.
  DOLE recommends retaining these records for at least three (3) years.
• The Philippine Law Journal, Vol. 96 (2025)
  clarifies that even in termination due to disease under Article 299,
  the twin-notice rule still applies to ensure procedural fairness.

Frequently Asked Questions (FAQ)

Editor’s Note:

✍️ Written by Bong Aguilar (2016) and reviewed in October 2025 by ASKSonnie.INFO with AI-assisted research and formatting. For information purposes only — due diligence is advised.