This case has been cited 1 times or more.
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2008-04-14 |
CHICO-NAZARIO, J. |
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| In cases involving a monetary award, an employer seeking to appeal the decision of the Labor Arbiter to the NLRC is unconditionally required by Article 223[22] of the Labor Code to post a cash or surety bond equivalent to the amount of the monetary award adjudged.[23] It should be stressed that the intention of lawmakers to make the bond an indispensable requisite for the perfection of an appeal by the employer is underscored by the provision that an appeal by the employer may be perfected only upon the posting of a cash or surety bond.[24] 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.[25] Moreover, it bears stressing that the perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but jurisdictional,[26] and failure to conform to the rules will render the judgment sought to be reviewed final and unappealable.[27] It cannot be overemphasized that the NLRC Rules, akin to the Rules of Court, promulgated by authority of law, have the force and effect of law.[28] | |||||