How to Write a Notice to Explain Memo | DOLE Guidelines & Supreme Court Cases Aligned

Updated for 2025: The Notice to Explain (NTE) Memo remains a cornerstone of due process under Philippine labor law. This guide integrates the latest DOLE issuances and Supreme Court rulings to help HR professionals draft compliant NTE memos.

📘 What Is a Notice to Explain Memo?

A Notice to Explain Memo or *show-cause letter* is issued by an employer to require an employee’s written explanation for a reported violation. It satisfies the first step of the Twin Notice Rule under DOLE, ensuring the employee is heard before discipline is imposed.

• A signed incident report
• Supporting evidence (CCTV, witness statements, emails, etc.)

📜 2025 Legal and Jurisprudence Updates on Notice to Explain Memos

• Supreme Court: King of Kings Transport, Inc. v. Mamac, G.R. No. 166208 (2007) – established the
  five (5) calendar days for the written explanation and the hearing/conference requirement
  (Lawphil).
• Supreme Court: Perez v. Philippine Telegraph & Telephone Co., G.R. No. 152048 (2009) – clarified the nature of the
  administrative conference/hearing in due process
  (Lawphil).
• Supreme Court: Agabon v. NLRC, G.R. No. 158693 (2004) – nominal damages when substantive cause exists but procedural due process is defective
  (Lawphil).
• DOLE D.O. 147-15 (2015) – Amended IRR of Book VI on termination procedures; anchors twin-notice requirements
  (see SC discussion citing D.O. 147-15).

🔗 Please Read the Following for Better Appreciation of the Topic

• How to Write a Notice of Decision Memo
• Preventive Suspension, How To
• How to Conduct an Administrative Investigation
• How to Write a Notice of Administrative Meeting
• Due Process and Employee Relations
• Due Process and Employee Resignation
• Progressive Discipline
• Termination: Just Causes
• Termination: Authorized Causes
• Termination: Health Reasons

📄 Sample Notice to Explain Memo Template (2025 Edition)

TO: [Employee Name & Position]
DATE: [Date]
FROM: [Department Head or HR Manager]
RE: NOTICE TO EXPLAIN

Dear [Employee],

This serves as a formal NOTICE TO EXPLAIN regarding an incident reported on [Date & Time] at [Location], where you allegedly [describe the act/omission].

This constitutes a violation of [Rule No./Provision] of our Code of Conduct. The prescribed sanction for a [First/Second/Third Offense] is [Sanction].

You are granted 48 hours (minor) or 120 hours (serious) from receipt to submit your written explanation.

Failure to respond within the period shall be construed as a waiver of your right to be heard, and management will decide based on available evidence.

Respectfully,

[Manager’s Name]
[Position Title]

Noted by:
[HR Manager’s Name]

CC: 201 File / Union (if applicable)
ATTACHMENTS: [Incident Report, Photos, etc.]
  

Delivery, Acknowledgment & Refusal

Have the employee sign/date the acknowledgment. If refused, let witnesses sign “Employee refuses to receive” with names & date. Email acknowledgment is valid G.R. 260901 – Teleperformance v. Castillon.

💬 Frequently Asked Questions about Notice to Explain Memos

✍️ Editor’s Note

This article was written by Bong Aguilar (2016) and reviewed in October 2025 by ASKSonnie.INFO with AI support for research and WordPress formatting. For information purposes only — due diligence is advised.