This case has been cited 5 times or more.
2015-06-22 |
DEL CASTILLO, J. |
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It is thus clear from the foregoing that the filing of supersedeas bond for the perfection of an appeal is mandatory and jurisdictional and failure to comply with this requirement renders the decision of the Labor Arbiter final and executory.[28] However, this Court, in many cases,[29] has relaxed this stringent requirement whenever justified. Thus, the rules, specifically Section 6 of Rule VI of the 2005 Revised Rules of Procedure of the NLRC, allows the reduction of the appeal bond subject to the conditions that: (1) the motion to reduce the bond shall be based on meritorious grounds; and (2) a reasonable amount in relation to the monetary award is posted by the appellant. Otherwise, the filing of a motion to reduce bond shall not stop the running of the period to perfect an appeal. Still, the rule that the filing of a motion to reduce bond shall not stop the running of the period to perfect an appeal is not absolute.[30] The Court may relax the rule under certain exceptional circumstances which include fundamental consideration of substantial justice, prevention of miscarriage of justice or of unjust enrichment and special circumstances of the case combined with its legal merits, and the amount and the issue involved.[31] Indeed, in meritorious cases, the Court was propelled to relax the requirements relating to appeal bonds such as when there are valid issues raised in the appeal[32] and in the absence of any valid claims against the employer.[33] | |||||
2014-06-04 |
BRION, J. |
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Compared with LA Aurellano's award of P800,875.00 to Binalla, we find the initial bond posted by Princess Joy reasonable, considering that it is questioning the unusually large amount of the awarded damages. Significantly, the agency posted an additional bond as required by the NLRC in its May 12, 2006 order,[30] thus, bringing the amount equal to the labor arbiter's monetary award. We take this occasion to impress upon the parties that the Court takes a liberal approach on the appeal bond requirement in "the broader interest of justice and with the desired objective of deciding cases on the merits."[31] In Intertranz Container Lines, Inc. v. Bautista,[32] the Court reiterated its call for a liberal application of the law and the rules on the appeal bond requirement "with an eye on the interest of substantial justice and the merits of the case."[33] | |||||
2014-06-04 |
PEREZ, J. |
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In Lopez v. Quezon City Sports Club Inc.,[72] the posting of the amount of P4,000,000.00 simultaneously with the filing of the motion to reduce the bond to that amount, as well as the filing of the memorandum of appeal, all within the reglementary period, altogether constitute substantial compliance with the Rules. In Intertranz Container Lines, Inc. v. Bautista,[73] this Court has relaxed the appeal bond requirement when it was clear from the records that petitioners never intended to evade the posting of an appeal bond. In Semblante v. Court of Appeals,[74] the Court stated that the rule on the posting of an appeal bond cannot defeat the substantive rights of respondents to be free from an unwarranted burden of answering for an illegal dismissal for which they were never responsible. It was found that respondents, not being petitioners' employees, could never have been dismissed legally or illegally. In the recent case of Garcia v. KJ Commercial,[75] respondent showed willingness to post a partial bond when it posted a P50,000.00 cash bond upon filing of a motion to reduce bond. In addition, when respondent's motion for reconsideration was denied, it posted the full surety bond. | |||||
2013-10-17 |
REYES, J. |
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In accordance with the foregoing, although the general rule provides that an appeal in labor cases from a decision involving a monetary award may be perfected only upon the posting of a cash or surety bond, the Court has relaxed this requirement under certain exceptional circumstances in order to resolve controversies on their merits. These circumstances include: (1) the fundamental consideration of substantial justice; (2) the prevention of miscarriage of justice or of unjust enrichment; and (3) special circumstances of the case combined with its legal merits, and the amount and the issue involved.[88] Guidelines that are applicable in the reduction of appeal bonds were also explained in Nicol v. Footjoy Industrial Corporation.[89] The bond requirement in appeals involving monetary awards has been and may be relaxed in meritorious cases, including instances in which (1) there was substantial compliance with the Rules, (2) surrounding facts and circumstances constitute meritorious grounds to reduce the bond, (3) a liberal interpretation of the requirement of an appeal bond would serve the desired objective of resolving controversies on the merits, or (4) the appellants, at the very least, exhibited their willingness and/or good faith by posting a partial bond during the reglementary period.[90] | |||||
2012-02-29 |
CARPIO, J. |
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In any case, the rule that the filing of a motion to reduce bond shall not stop the running of the period to perfect an appeal is not absolute. The Court may relax the rule. In Intertranz Container Lines, Inc. v. Bautista,[22] the Court held: Jurisprudence tells us that in labor cases, an appeal from a decision involving a monetary award may be perfected only upon the posting of a cash or surety bond. The Court, however, has relaxed this requirement under certain exceptional circumstances in order to resolve controversies on their merits. These circumstances include: (1) fundamental consideration of substantial justice; (2) prevention of miscarriage of justice or of unjust enrichment; and (3) special circumstances of the case combined with its legal merits, and the amount and the issue involved.[23] |