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Can an Appeal on a Labor Case be denied on the basis of non-conformance of a minor requirement?

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pjavellana


Arresto Menor
i filed an illegal dismissal case against a former employer. a judgement was recently passed, rendering my dismissal to be illegal on both substantive and procedural grounds and the labor arbiter has just ordered my reinstatement with payment of backwages plus moral and exemplary damages.

however, the respondent has just submitted its appeal within the prescribed date. respondent however has not submitted one particular requirement:

Rule 6, Section 6, (on BONDS) of the THE NEW RULES OF PROCEDURE OF THE NATIONAL LABOR RELATIONS COMMISSION (As amended by NLRC Resolution No. 01-02, Series of 2002) states that:

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:

(a) 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.
(b) a copy of the indemnity agreement between the employer-appellant and bonding company; and
(c) a copy of security deposit or collateral securing the bond.


respondent has not submitted item C. a copy of security deposit or collateral securing the bond.

respondent is a multi-billion peso company.

does this in any way invalidate the appeal? im not particularly worried about the merits, i just want to know if this small matter is already enough to dismiss the appeal. please help. thanks!!!!

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attyLLL


moderator
you should discuss this with your own lawyer.


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i have no lawyer a was ben ordered to pay employee 237000 pesoss i cant afford becouse i been sick and always in and out to a hospital since mid of 2010 money is not sufficient to bond due to my hospitalization can i appeal i can afford only in the bond is 5k in my bond all my asset have been sold due to my liver and gal bladder operation and maintenance my busness is 50k capital only since 2010 it is a subcon tahian i lost the case due to i am the registered owner but the employee charge the supervisor knowing he is the owner .can I win the fight im sick then i cant afford a lawyer only ican do ask a legal advice



Last edited by melchorcereno@yahoo.com on Sat Nov 03, 2012 9:08 am; edited 1 time in total (Reason for editing : follow up)

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attyLLL


moderator
you can file an appeal and request for reduction of bond.

if you are practically bankrupt, you can just let the case lapse into finality and when the sheriff demands from you, tell him you are already bankrupt. the decision can't be implemented unless they can find assets in your name like a bank account or a house


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