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Saturday, April 29, 2006
Appeal bond
By Dominador A. Almirante
Labor case digest
On Jan. 10, 2000, the labor arbiter rendered a decision awarding respondent P277,500 as retirement pay. On Jan. 11 of the same year, respondent entered into an amicable settlement with petitioners and agreed to accept only P38,500. After a day or two, respondent received a copy of the Jan. 10, 2000 decision.
Petitioners moved for the dismissal of the case on account of the settlement. The labor arbiter denied the motion in an order dated May 23, 2000. Petitioners appealed the order to the National Labor Relations Commission. Was there need for an appeal bond?
Ruling: Yes.
We cannot concur, however, with petitioners’ other contention that the May 23, 2000 order did not involve a monetary award. If the amicable settlement between the parties had rendered the Jan. 10, 2000 decision functus oficio, then it follows that the monetary award stated therein was reinstated—by reference—by the aforementioned order. The appeal from the latter should perforce have followed the procedural requirements under Article 223 of the Labor Code.
As amended, this provision explicitly provides that an appeal from the labor arbiter’s decision, award or order must be made within 10 calendar days from receipt of a copy thereof by the party intending to appeal it; and, if the judgment involves a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond. Such cash or bond must have been issued by a reputable bonding company duly accredited by the NLRC in the amount equivalent to the monetary award stated in the judgment. Sections 1, 3 and 6 of Rule VI of the New Rules of Procedure of the NLRC implement this Article. (R & E Transport Inc. and Honorio Enriquez versus Avelina Latag, G.R. No. 155214, Feb. 13, 2004).
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