463 Phil. 813
PUNO, J.:
We affirm. The Labor Code provides a ten (10)-day period from receipt of the decision of the Arbiter for the filing of an appeal together with an appeal bond if the decision involves a monetary award in favor of the employees, viz:
- Whether or not the Court of Appeals erred and committed grave abuse of discretion in finding and ruling that the NLRC has not acquired jurisdiction on the appeal of the petitioners for submitting an appeal bond seven (7) days beyond the ten (10)-day reglamentary (sic) period in perfecting an appeal;
- Whether or not the Court of Appeals erred and committed grave abuse of discretion in finding and ruling that:
"The remand of the case to the Labor Arbiter due to the conflicting claims of the parties, comes as a surprise to us. As a quasi-judicial agency vested with jurisdiction to resolve labor disputes, it is but natural for the NLRC to encounter conflicting claims while discharging its mandate. To insist on a policy of remanding a case to the Labor Arbiter each time conflicting claims arise in a case would be an abdication of duty by the NLRC as conflicts are inherent and integral in all disputes, whether labor or otherwise.x x x x x x x x x"- Whether or not the Court a quo erred and committed grave abuse of discretion in giving due course to the private respondent's petition for certiorari under Rule 65 of the 1997 Rules on Civil Procedure; and in annulling and setting aside the Resolutions (of) the NLRC, and reinstating the Decision of the Labor Arbiter ordering the reinstatement of the private respondents, with full backwages, and monetary awards for 13th month pay and Service Incentive Leave pay.[7]
ART. 223. Appeal. – Decisions, awards, or orders of the Labor Arbiter are 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. x x xThe NLRC Rules of Procedure[8] likewise require the appeal and the appeal bond to be filed within the ten (10)-day reglementary period:
In case of a judgment involving a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Commission in the amount equivalent to the monetary award in the judgment appealed from.x x x x x x x x x.(emphasis supplied)
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.We have consistently ruled that payment of the appeal bond is a jurisdictional requisite for the perfection of an appeal to the NLRC.[9] It is only in rare instances that the court relaxes the rule upon a showing of substantial compliance with it and to prevent patent injustice.x x x x x x x x x
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 surety bond as provided in Section 5 of this Rule (which provides how much and where the appeal fee is to be paid); 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 requisite aforestated shall not stop the running of the period for perfecting an appeal.x x x x x x x x x
Section 7. No Extension of Period. – No motion or request for extension of the period within which to perfect an appeal shall be allowed.x x x x x x x x x
From the records, it appears that when the decision and resolution denying the Motion for Reconsideration dated 31 October 2001 were received, Atty. Orticio was not yet the counsel for private respondent. In fact, he filed his notice of appearance on 23 November 2001 after receipt on 9 November 2001 by private respondent's former counsel, Atty. Louis Acosta, of the resolution denying the motion for reconsideration. A judgment becomes final provided there was proper service of notice thereof. In this case, the records clearly show there was such proper service upon private respondent's former counsel, Atty. Louis Acosta. Therefore, the decision of 2 April 2001 did become final and executory, leaving Us no more discretion to recall the entry of judgment.[12]It is thus contended by respondents that the petition at bar should not be allowed as the decision of the appellate court has already become final.
SECTION 1. Filing of petition with Supreme Court. – A party desiring to appeal by certiorari from a judgment or final order or resolution of the Court of Appeals, the Sandiganbayan, the Regional Trial Court or other courts whenever authorized by law, may file with the Supreme Court a verified petition for review on certiorari. The petition shall raise only questions of law which must be distinctly set forth.Petitioners received a copy of the denial of their motion for reconsideration of the Court of Appeals' decision on November 9, 2001. They filed an extension of time to file the petition at bar on June 16, 2002, alleging that they have a new counsel. We note, however, that petitioners obtained the services of present counsel on November 23, 2001. Thus, there was ample time for their counsel to appeal to this Court the adverse ruling of the appellate court. The appeal was not seasonably made by said counsel and such procedural lapse is binding on petitioners.
SECTION 2. Time for filing. – The petition shall be filed within fifteen (15) days from notice of the judgment or final order or resolution appealed from, or of the denial of the petitioner's motion for new trial or reconsideration filed in due time after notice of the judgment. x x x.