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VIRON GARMENTS MANUFACTURING v. NLRC

This case has been cited 5 times or more.

	GR No. 180147 2014-06-04	SARA LEE PHILIPPINES v. EMILINDA D. MACATLANG PEREZ, J.
The Court adhered to a strict application of Article 223 when appellants do not post an appeal bond at all. By explicit provision of law, an appeal is perfected only upon the posting of a cash or surety bond. The posting of the appeal bond within the period provided by law is not merely mandatory but jurisdictional.[57] The reason behind the imposition of this requirement is enunciated in Viron Garments Mfg. Co., Inc. v. NLRC,[58] thus: The requirement that the employer post a cash or surety bond to perfect its/his appeal is apparently intended to assure the workers that if they prevail in the case, they will receive the money judgment in their favor upon the dismissal of the employer's appeal. It was intended to discourage employers from using an appeal to delay, or even evade, their obligation to satisfy their employees' just and lawful claims.[59]
	GR No. 164344 2008-12-23	KENJI OKADA v. SECURITY PACIFIC ASSURANCE CORPORATION REYES, R.T., J.
The indispensability of an appeal bond in the perfection of an appeal cannot be gainsaid. A cash or surety bond is a requirement sine qua non for the perfection of an appeal from the Labor Arbiter's monetary award.[27] In Viron Garments Manufacturing Co., Inc. v. National Labor Relations Commission,[28] the Court ruled:The intention of the lawmakers to make the bond an indispensable requisite for the perfection of an appeal by the employer is clearly limned in the provision that an appeal by the employer may be perfected "only upon the posting of a cash or surety bond." The word `only' makes it perfectly clear, that the lawmakers intended that the posting of a cash or surety bond by the employer to be the exclusive means by which an employer's appeal may be perfected.[29]
	GR No. 164344 2008-11-23	KENJI OKADA v. SECURITY PACIFIC ASSURANCE CORPORATION REYES, R.T., J.
The indispensability of an appeal bond in the perfection of an appeal cannot be gainsaid. A cash or surety bond is a requirement sine qua non for the perfection of an appeal from the Labor Arbiter's monetary award.[27] In Viron Garments Manufacturing Co., Inc. v. National Labor Relations Commission,[28] the Court ruled: The intention of the lawmakers to make the bond an indispensable requisite for the perfection of an appeal by the employer is clearly limned in the provision that an appeal by the employer may be perfected "only upon the posting of a cash or surety bond." The word `only' makes it perfectly clear, that the lawmakers intended that the posting of a cash or surety bond by the employer to be the exclusive means by which an employer's appeal may be perfected.[29]
	GR No. 170099 2007-11-28	COLBY CONTSRUCTION v. NLRC CHICO-NAZARIO, J.
The indispensability of the requirement on appeal bond has long been settled in Viron Garments Mfg. Co., Inc. v. National Labor Relations Commission,[23] where this Court made the following pronouncement:The intention of the lawmakers to make the bond an indispensable requisite for the perfection of an appeal by the employer, is clearly limned in the provision that an appeal by the employer may be perfected "only upon the posting of a cash or surety bond." The word "only" makes it perfectly clear, that the lawmakers intended the posting of a cash or surety bond by the employer to be the exclusive means by which an employer's appeal may be perfected.
	GR NO. 166594 2006-07-20	CIUDAD FERNANDINA FOOD CORPORATION EMPLOYEES UNION-ASSOCIATED LABOR UNIONS v. CA CHICO-NAZARIO, J.
In the case at bar, there is, on the part of CFFC, an absolute failure to comply with the compulsory and explicit requirement of posting of an appeal bond. In their motion for reduction, they merely alleged satisfaction of petitioners" claims, closure of the business and substantial justice, without more. With these reasons alone and unsupported by proof, CFFC failed to convince this court that there exist meritorious grounds for the relaxation of the rule regarding posting of an appeal bond. Indeed, the posting of a cash or surety bond is the exclusive means by which an employer's appeal may be perfected.[20]