Lawyerly

You're currently signed in as:
User

PHILIPPINE TRANSMARINE CARRIERS v. VS.FELIPE D. CORTINA

This case has been cited 3 times or more.

	GR No. 175460 2008-04-14	METRO TRANSIT ORGANIZATION v. PIGLAS NFWU-KMU CHICO-NAZARIO, J.
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]
	GR NO. 166594 2006-07-20	CIUDAD FERNANDINA FOOD CORPORATION EMPLOYEES UNION-ASSOCIATED LABOR UNIONS v. CA CHICO-NAZARIO, J.
The posting of appeal bond is mandatory.[13] Thus, Section 6, Rule VI of the amendments to the New Rules of Procedure of the NLRC decrees:SECTION 6. BOND. In case the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, which shall either be in the form of cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney's fees.
	GR No. 152494 2004-09-22	MARIANO ONG v. CA YNARES-SANTIAGO, J.
The above-cited provisions explicitly provide that an appeal from the Labor Arbiter to the NLRC must be perfected within ten calendar days from receipt of such decisions, awards or orders of the Labor Arbiter. In a judgment involving a monetary award, the appeal shall be perfected only upon (1) proof of payment of the required appeal fee; (2) posting of a cash or surety bond issued by a reputable bonding company; and (3) filing of a memorandum of appeal. A mere notice of appeal without complying with the other requisites mentioned shall not stop the running of the period for perfection of appeal.[17] The posting of cash or surety bond is not only mandatory but jurisdictional as well, and non-compliance therewith is fatal and has the effect of rendering the judgment final and executory.[18] This requirement is intended to discourage employers from using the appeal to delay, or even evade, their obligation to satisfy their employee's just and lawful claims.[19]