367 Phil. 169
"On November 12, 1992, the respondent appealed from the aforesaid disposition without however posting an appeal bond required in this jurisdiction. In fact, on the same date, November 12, 1992, the respondent filed a `Motion for Extension of Time to File Appeal Bond' (Record, pp. 264-265) asking that it be given ten (10) days within which to file an appeal bond. Thus, it was only on November 20, 1992 that the respondent was able to post the required appeal bond.Not satisfied with the NLRC Resolution, petitioner filed a motion for reconsideration. Petitioner contends that in view of the `Motion for Extension of Time to File Appeal Bond' specifically praying for an extension of ten (10) days from November 13, 1992 or until November 23, 1993 within which to file and submit the required appeal bond, the posting of the appeal bond on November 20, 1992 is deemed to have been filed on time. Furthermore, petitioner argued that the "Notice of Appeal," the "Appeal Memorandum" and the "Motion for Extension of Time to File Appeal Bond" were filed to perfect the appeal from the decision of the POEA to the NLRC. On January 11, 1994, the NLRC issued an Order denying the motion for reconsideration with the following disquisition:
"It being settled that perfection of an appeal within the reglementary period carries with it the duty to post cash or surety bond, as required by law, on time (Italian Village Restaurant vs. NLRC, et al., G.R. No. 95594, March 11, 1992, 2nd Div., Nocon, J.) and the Supreme Court having likewise held:`Well-settled is the rule that the perfection of an appeal within the statutory or reglementary period is not only mandatory, but also jurisdictional. Failure to interpose a timely appeal (or a motion for reconsideration) renders the appealed decision, order or award final and executory that deprives the appellate body of any jurisdiction to alter the final judgment (San Miguel Corporation vs. NLRC, et al., G.R. No. 101021, April 6, 1993, 3rd Div., Melo, J., citing Paramount Vinyl Corp. v. NLRC, et al. [190 SCRA 533 (1990) and all its jurisprudential references].'we cannot but dismiss respondent's appeal.
"WHEREFORE, respondent's appeal is hereby dismissed.
"The problem with respondent is that she assumes that the 10-day period for perfecting an appeal, fixed by Article 223 of the Labor Code, and during which she was to post her appeal bond, exists at the pleasure of, and can easily be extended by the appellants so that even without our granting her motion for extension, an appeal bond thereafter filed has to be reconsidered as filed, worse, on time.Hence this petition via certiorari with application for preliminary injunction and/or temporary restraining order.
"In a fairly recent case, not far detached by time, the Supreme Court held:"The perfection of an appeal within the reglementary period from receipt of the decision is jurisdictional. (Veterans Philippine Scout Security Agency vs. NLRC, 174 SCRA 347, cited in 207 SCRA 208). To extend the appeal period is to delay the case, a circumstance which would give the employer a chance to wear out the efforts and meager resources of the worker to the point that the latter would be constrained to give up his suit for less than what is due him. (Arceo vs. NLRC, Third Division, Minute Resolution cited in Italian Village Restaurant vs. NLRC, 207 SCRA 204, 208)" [Emphasis ours; St. Gothard Disco Pub & Restaurant, et. al. vs. NLRC, et. al., G.R. No. 102570, February 1, 1993, 1ST Division. Grino-Aquino, J],thereby implying that We do not have much liberty to extend the period to appeal.
Clearly, We did not commit any palpable or patent error in promulgating our October 26, 1993 Resolution.
WHEREFORE, respondent's Motion for Reconsideration dated November 26, 1993 is hereby DENIED.
"Section 1. Periods of Appeal. - Decisions, awards or orders of the Labor Arbiter and the POEA Administrator shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt of such decisions, awards or orders of the Labor Arbiter or of the Administrator, and in case of a decision or of the Regional Director or his duly authorized Hearing Officer within five (5) calendar days from receipt of such decisions, awards or orders. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or a holiday, the last day to perfect the appeal shall be the next working day. (As amended on Nov. 7, 1991)Applying the aforesaid rules, an appeal from the POEA Administrator to the NLRC must be perfected within ten (10) calendar days from receipt of such decisions, awards or orders of the Administrator otherwise, the same shall become final and executory. In a judgment involving a monetary award, the appeal shall be perfected only upon (1) proof of payment of the required appeal fee and (2) posting of a cash or surety bond issued by a reputable bonding company and (3) duly accompanied by a memorandum of appeal. A mere notice of appeal without complying with the other requisites mentioned shall not stop the running of the period for perfection of appeal.
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Section 3. Requisites for Perfection of Appeal. - (a) The appeal shall be filed within the reglementary period as provided in Section 1 of this Rule; shall be under oath with proof of payment of the required appeal fee and the posting of a cash or surety bond as provided on Section 5 of this Rule; shall be accompanied by a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof; the relief prayed for; and a statement of the date when the appellant received the appealed decision, order or award and proof of service on the other party of such appeal.
A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.
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Section 6. Bond. - In case the decision of a Labor Arbiter, POEA Administrator and Regional Director or his duly authorized hearing officer involves a monetary award, an appeal by the employer shall be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission or the Supreme Court in an amount equivalent to the monetary award, exclusive of moral and exemplary damages and attorney's fees.
The employer as well as counsel shall submit a joint declaration under oath attesting that the surety bond posted is genuine and that it shall be in effect until final disposition of the case.
The Commission may, in meritorious cases and upon Motion of the Appellant, reduce the amount of the bond. The filing, however, of the motion to reduce bond shall not stop the running of the period to perfect appeal.
Section 7. No Extension of Period. - No motion or request for extension of the period within which to perfect an appeal shall be allowed." [Emphasis Supplied]
"WHEREFORE, in view of the foregoing considerations, respondent Rizal International Shipping Services is hereby directed to pay complainants the following amounts opposite their names hereinbelow stated: Annex "K" of Petition, Rollo, pp. 89-90.
Edilberto Cuetara - THREE THOUSAND FOUR HUNDRED THIRTY TWO & 20/100 US DOLLAR (US $3,432.20) or its equivalent in Philippine pesos at the current rate of exchange at the time of payment as satisfaction of his money claims;
Manuel Banta - ONE THOUSAND FIFTY FOUR & 64/100 US DOLLARS (US$1, 054.64) or its equivalent at the time of payment as satisfaction of his money claims.
Complainants are further entitled to five percent (5%) of the total awards as and for attorney's fees.
The claim for damages is dismissed for want of jurisdiction.
SO ORDERED." [Rollo, p. 88].