4003 blrhandlessuch interunion dispute any conflict

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Unformatted text preview: suant
 to
 Article
 129
 of
 the
 Labor
 Code,
 within
 five
 (5)
 calendar
 days
 from
 receipt
 thereof.
If
the
10th
or
5th
day,
as
the
case
may
be,
falls
on
 a
 Saturday,
 Sunday
 or
 holiday,
 the
 last
 day
 to
 perfect
 the
 appeal
 shall
 be
 the
 first
 working
 day
 following
 such
 Saturday,
Sunday
or
holiday.
 • Date
of
receipt
by
mail
 o Service
 by
 registered
 mail
 is
 complete
 either
 upon
 actual
 receipt
by
the
addressee
or
at
the
end
of
5
days,
if
he
does
 not
 claim
 it
 within
 5
 days
 from
 the
 first
 notice
 of
 the
 postmaster
 Purpose:
 to
 place
 the
 date
 of
 receipt
 beyond
 the
 power
of
the
party
being
served
to
determine
at
his
 pleasure
 • Failure
to
give
copy
of
appeal
to
adverse
party
within
10
days
 o Such
is
not
fatal
if
the
appellee
was
not
prejudiced
by
the
 delay
in
the
service
of
said
copy
of
the
appeal
 o Dismissal
 of
 an
 appeal
 on
 purely
 technical
 grounds
 is
 frowned
upon
 o In
 labor
 cases,
 non‐service
 of
 the
 copy
 of
 the
 appeal
 or
 appeal
 memorandum
 to
 the
 adverse
 party
 is
 not
 a
 jurisdictional
 defect
 and
 does
 not
 justify
 the
 dismissal
 of
 the
appeal
 • No
extension
of
period
within
which
to
perfect
an
appeal
shall
be
 allowed
 • Periods
generally
mandatory
 2. Lalay
Abala.
ALS2014B.
Labor
II.
 Mandatory
 because
 it
 is
 in
 the
 interest
 of
 labor
 that
 the
 law
 has
 commanded
 that
 labor
 cases
 be
 promptly
 if
 not
 peremptorily
be
disposed
of
 o Only
 strong
 consideration
 of
 equity
 will
 lead
 the
 SC
 to
 allow
an
exception
to
the
procedural
rule
in
the
interest
of
 substantial
justice
 Grounds
of
appeal
(exclusive
list)
 • If
there
is
prima
facie
evidence
of
abuse
of
discretion
on
the
part
of
the
 Labor
Arbiter
or
Regional
Director
 • If
 the
 decision,
 resolution
 or
 order
 was
 secured
 through
 fraud
 or
 coercion,
including
graft
and
corruption
 • If
made
purely
on
question
of
law
 • If
 serious
 errors
 in
 the
 findings
 of
 fact
 are
 raised
 which,
 if
 not
 corrected,
 would
 cause
 grave
 or
 irreparable
 damage
 or
 injury
 to
 the
 appellant
 Where
to
file
appeal
 • With
 the
 Regional
 Arbitration
 Branch
 or
 Regional
 Office
 where
 the
 case
was
heard
and
decided
 Requisites
for
perfection
of
appeal
 • 
The
appeal
shall
be:
 o Filed
within
the
reglementary
period

 o Verified
by
the
appellant
himself
 o In
the
form
of
a
memorandum
of
appeal
which
shall
state
 the
 grounds
 relied
 upon
 and
 the
 arguments
 in
 support
 thereof,
the
relief
prayed
for,
and
with
a
statement
of
the
 date
 the
 appellant
 received
 the
 appealed
 decision,
 resolution
or
order;
 o In
three
(3)
legibly
typewritten
or
printed
copies;
and

 o Accompanied
by
 Proof
of
payment
of
the
required
appeal
fee;
 Posting
of
a
cash
or
surety
bond
 Certificate
of
non‐forum
shopping;
and
 Proof
of
service
upon
the
other
parties.
 • A
 mere
 notice
 of
 appeal
 without
 complying
 with
 the
 other
 requisites
 aforestated
 shall
 not
 stop
 the
 running
 of
 the
 period
 for
 perfecting
 an
 appeal.
 • The
 appellee
 may
 file
 with
 the
 Regional
 Arbitration
 Branch
 or
 Regional
 Office
 where
 the
 appeal
 was
 filed,
 his
 answer
 or
 reply
 to
 appellant's
 memorandum
 of
 appeal,
 not
 later
 than
 ten
 (10)
 calendar
 days
from
receipt
thereof.
Failure
on
the
part
of
the
appellee
who
was
 properly
furnished
with
a
copy
of
the
appeal
to
file
his
answer
or
reply
 within
the
said
period
may
be
construed
as
a
waiver
on
his
part
to
file
 the
same.
 • Subject
 to
 the
 provisions
 of
 Article
 218
 of
 the
 Labor
 Code,
 once
 the
 appeal
 is
 perfected
 in
 accordance
 with
 these
 Rules,
 the
 Commission
 shall
limit
itself
to
reviewing
and
deciding
only
the
specific
issues
that
 were
elevated
on
appeal.
 Frivolous
appeal
 • Commission
 AND
 the
 labor
 arbiter
 may
 impose
 reasonable
 penalties,
 including
fines
and
censures,
upon
a
party
for
filing
a
frivolous
appeal
 o • 3. 4. 5. 6. 21
 Unverified
letter
not
proper
appeal
 o Garcia
v.
NLRC
 After
 receiving
 a
 copy
 of
 the
 decision,
 employer
 wrote
 the
 labor
 arbiter
 a
 letter
...
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This document was uploaded on 03/11/2014.

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