Likewise there was evidence that they made an

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Unformatted text preview: 
 more
 recent
 SC
 cases
 require
 strict
 observance
 of
 the
 reglementary
period
 Sameer
Overseas
Placement
Agency
Inc.
v.
Levantino,
et
al
 o Employee
 complained
 of
 illegal
 dismissal,
 among
 others.
 Labor
arbiter
upheld
the
dismissal
but
granted
a
monetary
 award.
 Sameer,
 the
 agency
 appealed.
 NLRC
 dismissed
 for
 failure
 to
 perfect
 the
 appeal
 within
 10
 day
 period;
 apparently,
did
not
file
an
appeal
bond
on
time
 o Appeal
 bond
 requirement
 is
 not
 merely
 procedural
 but
 jurisdictional,
 for
 without
 it,
 the
 NLRC
 does
 not
 acquire
 jurisdiction
 over
 the
 appeal.
 NLRC
 did
 not
 acquire
 jurisdiction
 because
 he
 filed
 the
 bond
 6
 days
 AFTER
 the
 lapse
of
the
10
days.

 Motion
to
reduce
bond
under
NLRC
rules
 o Motion
to
reduce
amount
may
be
entertained

 o No
 motion
 shall
 be
 entertained
 unless
 on
 meritorious
 grounds
 and
 ONLY
 upon
 posting
 of
 a
 bond
 in
 reasonable
 amount
in
relation
to
the
monetary
award
 o Mere
filing
of
the
motion
to
reduce
bond
without
filing
of
a
 bind
shall
not
stop
the
running
of
the
period
to
perfect
an
 appeal
 No
bond,
no
appeal
perfected
 o Borja
Estate,
et
al.
v.
Spouses
R.
Ballad
 “Only
upon
the
posting
of
a
cash
or
surety
bond”
 The
 word
 ONLY
 makes
 it
 perfectly
 clear
 that
 lawmakers
 intended
 by
 the
 posting
 of
 a
 cash
 or
 surety
 bond
 by
 the
 employer
 to
 be
 the
 exclusive
 means
 by
 which
 an
 employer’s
 appeal
 may
 be
 considered
 completed.
 The
 law
 does
 not
 require
 outright
 payment,
 but
 only
 posting
 of
 a
 bond
 to
 ensure
that
the
award
will
be
eventually
paid
should
 22
 • • the
 appeal
 fail.
 What
 petitioners
 have
 to
 pay
 is
 a
 moderate
 and
 reasonable
 sum
 for
 the
 premium
 of
 such
bond
 Perfection
 of
 an
 appeal
 in
 the
 manner
 described
 by
 law
is
mandatory
and
jurisdictional
 (Relaxing
 the
 10
 day
 period)
 Situations
 where
 Court
allowed
tardy
appeals:
 Presence
 of
 any
 justifying
 circumstance
 recognized
by
law,
such
as
fraud,
accident,
 mistake
 or
 excusable
 negligence,
 properly
 vested
the
judge
with
discretion
to
approve
 or
admit
an
appeal
filed
out
of
time
 Where
 on
 equitable
 grounds,
 a
 bleated
 appeal
 was
 allowed
 as
 the
 questioned
 decision
 was
 served
 directly
 upon
 petitioner
 instead
 of
 her
 counsel
 of
 record
 who
at
the
time
was
already
dead
 Where
the
counsel
relied
on
the
footnote
of
 the
 notice
 of
 the
 decision
 of
 the
 labor
 arbiter
 that
 the
 aggrieved
 party
 may
 appeal
…
within
10
working
days
 In
 order
 to
 prevent
 miscarriage
 of
 justice
 or
 unjust
 enrichment
 such
 as
 where
 the
 tardy
 appeal
 is
 from
 a
 decision
 granting
 separation
pay
which
was
 already
granted
 in
an
earlier
final
decision
 Where
 there
 are
 special
 circumstances
 in
 the
 case
 combined
 with
 its
 legal
 merits
 or
 the
amount
and
the
issue
involved
 No
 distinction
 between
 “filing
 “
 and
 “perfection”
 of
 appeal;
 Star
 Angel
decision,
not
“venerable”
 o Star
Angel
ruling:
appeal
must
be
filed
within
10
days
but
 may
be
perfected
after
that
period
 Above
ruling
is
merely
obiter!
 Azucena:
forget
Star
Angel!
 o Computer
Innovations
Center,
et
al.
v.
NLRC
 Petitioners
 invoke
 Star
 Angel
 that
 there
 is
 a
 distinction
 between
 filing
 within
 the
 reglementary
 period
and
perfection
of
the
appeal
 In
this
case,
the
motion
for
reduction
of
appeal
bond
 was
 filed
 only
 on
 the
 10th
 day
 and
 can
 no
 longer
 be
 deemed
to
have
stayed
the
appeal
 The
 reference
 in
 Star
 Angel
 to
 the
 distinction
 between
 period
 to file
 the
 appeal
 and
 to
 perfect
 the
 appeal
 has
 been
 made
 only
 once
 by
 the
 SC;
 thus,
 it
 has
 not
 acquired
 the
 seen
 of
 venerability.
 Besides,
 distinction
is
not
particularly
evident
 Amount
of
appeal
bond
excludes
damages
 o Bond
 exclusive
 of
 moral
 and
 exemplary
 damages
 as
 well
 as
attorney’s
fees
 Lalay
Abala.
ALS2014B.
Labor
II.
 Is
property
bond
acceptable?
 o Case
 where
 labor
 employer
 posted
 a
 real
 estate...
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This document was uploaded on 03/11/2014.

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