February 2, 2023
Name
Address
Number
Notice to Explain
Dear ______
We would like to inform you that we have received an incident report. It is alleged that on
___________ at _________, you rented a Company Motor Vehicle more particularly
_________________ without asking permission from management. You also failed to return
said motor vehicle and report the same despite notice. If proven to be true, the foregoing acts
constitute a violation of Article 282 of the Labor Code, to wit;
ART. 282. Termination by employer. - An employer may terminate an employment for
any of the following causes:
Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work
xxx
Fraud or willful breach by the employee of the trust reposed in him by his employer or
duly authorized representative; (Emphasis Supplied)
This shall be subject to a corrective action of suspension up to the penalty of dismissal.
Attached hereto and made an integral part hereof are evidence of your unauthorized
possession of the Company Motor Vehicle.
In view thereof and in compliance with due process, you are hereby required to submit a
written explanation within 5 days from receipt hereof why the appropriate penalty should not
be imposed against you. This will be an opportunity for you to defend and explain yourself
which may greatly influence the resolution of this case. Be also advised that refusal or failure
to timely submit your explanation means that you have waived your right to be heard and
management will proceed in making a decision based on the evidence at hand.
Please give this matter your preferential attention.
_____________________________________
Noted by:
Marton Emile S. Desales, J.D.
Head Real Estate Broker