Nlrc o

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Unformatted text preview: expressing
 dismay
 over
the
judgment.
No
appeal
was
taken.
 Even
 assuming
 for
 the
 sake
 of
 argument
 that
 the
 letter
 is
 a
 valid
 notice
 of
 appeal,
 the
 lack
 of
 cash
 or
 surety
 bond
 in
 a
 decision
 considering
 a
 monetary
 award
 is
 fatal
 to
 the
 appeal.
 The
 NLRC
 acted
 with
 grave
abuse
of
discretion
and
in
excess
of
jurisdiction
 in
treating
the
letter
as
an
appeal
from
the
judgment
 Payment
of
appeal
fees
 • Appellant
 shall
 pay
 an
 appeal
 fee
 of
 150Php
 to
 the
 Regional
 Arbitration
Branch
or
Regional
office
of
origin
and
the
official
receipt
 of
such
payment
shall
form
part
of
the
records
of
the
case
 • Failure
 to
 pay
 confers
 a
 directory
 and
 not
 a
 mandatory
 power
 to
 dismiss
 an
 appeal,
 and
 such
 power
 must
 be
 exercised
 with
 a
 sound
 discretion
and
with
a
great
deal
of
circumspection
 Appeal
bond;
filing
on
time;
exceptions
 • If
 decision
 of
 labor
 arbiter
 or
 regional
 director
 involves
 a
 monetary
 award,
 an
 appeal
 by
 the
 employer
 may
 be
 perfected
 ONLY
 upon
 the
 posting
 of
 a
 bond
 (either
 cash
 or
 surety
 equivalent
 in
 amount
 to
 the
 monetary
award,
exclusive
of
damages
and
attorney’s
fees)
 • In
case
of
surety
bond,
the
same
shall
be
issued
by
a
reputable
bonding
 company
 duly
 accredited
 by
 the
 Commission
 or
 the
 Supreme
 Court,
 and
 shall
 be
 accompanied
 by
 original
 or
 certified
 true
 copies
 of
 the
 following:
 o A
 joint
 declaration
 under
 oath
 by
 the
 employer,
 his
 counsel,
and
the
bonding
company,
attesting
that
the
bond
 posted
 is
 genuine,
 and
 shall
 be
 in
 effect
 until
 final
 disposition
of
the
case.
 o An
indemnity
agreement
between
the
employer‐appellant
 and
bonding
company;
 o Proof
 of
 security
 deposit
 or
 collateral
 securing
 the
 bond:
 provided,
 that
 a
 check
 shall
 not
 be
 considered
 as
 an
 acceptable
security;
 o Certificate
of
authority
from
the
Insurance
Commission;
 o Certificate
 of
 registration
 from
 the
 Securities
 and
 Exchange
Commission;
 o Certificate
 of
 authority
 to
 transact
 surety
 business
 from
 the
Office
of
the
President;
 o Certificate
 of
 accreditation
 and
 authority
 from
 the
 Supreme
Court;
and
 o Notarized
 board
 resolution
or
 secretary's
certificate
 from
 the
 bonding
 company
 showing
 its
 authorized
 signatories
 and
their
specimen
signatures.
 • A
 cash
 or
 surety
 bond
 shall
 be
 valid
 and
 effective
 from
 the
 date
 of
 deposit
 or
 posting,
 until
 the
 case
 is
 finally
 decided,
 resolved
 or
 terminated,
 or
 the
 award
 satisfied.
 This
 condition
 shall
 be
 deemed
 • 7. 8. Lalay
Abala.
ALS2014B.
Labor
II.
 • • • • • • • • • incorporated
in
the
terms
and
conditions
of
the
surety
bond,
and
shall
 be
binding
on
the
appellants
and
the
bonding
company
 The
 appellant
 shall
 furnish
 the
 appellee
 with
 a
 certified
 true
 copy
 of
 the
 said
 surety
 bond
 with
 all
 the
 above‐mentioned
 supporting
 documents.
 The
 appellee
 shall
 verify
 the
 regularity
 and
 genuineness
 thereof
and
immediately
report
any
irregularity
to
the
Commission.
 Upon
verification
by
the
Commission
that
the
bond
is
irregular
or
not
 genuine,
 the
 Commission
 shall
 cause
 the
 immediate
 dismissal
 of
 the
 appeal,
 and
 censure
 or
 cite
 in
 contempt
 the
 responsible
 parties
 and
 their
counsels,
or
subject
them
to
reasonable
fine
or
penalty.
 No
motion
to
reduce
bond
shall
be
entertained
except
on
meritorious
 grounds,
and
only
upon
the
posting
of
a
bond
in
 a
reasonable
amount
 in
relation
to
the
monetary
award.
 The
 mere
 filing
 of
 a
 motion
 to
 reduce
 bond
 without
 complying
 with
 the
requisites
in
the
preceding
paragraphs
shall
not
stop
the
running
 of
the
period
to
perfect
an
appeal.
 Previous
 SC
 rulings,
 as
 in
 the
 Rosewood
 case,
 Court
 ruled
 that
 a
 relaxation
 of
 the
 appeal
 bond
 requirement
 could
 be
 justified
 by
 substantial
compliance
with
the
rule
 BUT
 the...
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This document was uploaded on 03/11/2014.

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