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Legal matters: Bond or no bond?

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1 Legal matters: Bond or no bond? on Wed Jul 18, 2012 11:58 pm

tribalsun


Arresto Menor
I filed a complaint before the NLRC years ago against my former employer for illegal dismissal with the help of a PAO lawyer. After several months or so the labor arbiter decided in favor of my former employer dismissing the case. My attorney then filed an appeal before the commission. A year later the commission gave the decision reversing the labor arbiter's decision with a monetary award. My former employer then filed a Motion for Reconsideration which in turn denied by the NLRC 8th Division.

My former employer is now seeking for writ of certiorary before the Court of Appeals.

Though I'm not a lawyer myself, per my understanding, to perfect an appeal the petitioner (my former employer) must post a bond or cash ( or surety ). Can you enlighten me on this?

Furthermore, if there is no bond made by my former employer am I entitled to seek a writ of execution to implement the 8th Division's decision?

I will look for your reply... Thanks.

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2 Re: Legal matters: Bond or no bond? on Thu Jul 19, 2012 12:32 am

ibonidarna


Reclusion Perpetua
Check first if the period to file an appeal has already lapsed, if so get a certificate of finality of judgment, then go for writ of execution.

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3 Re: Legal matters: Bond or no bond? on Thu Jul 19, 2012 6:58 am

tribalsun


Arresto Menor
I believe the petion for certirary is in accordance with the reglementary period of sixty days. What I would like to know is the petition for certiorary requires a bond? If not, when should the posting a bond arise?

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4 Re: Legal matters: Bond or no bond? on Thu Jul 19, 2012 7:01 am

tribalsun


Arresto Menor
I believe the petition for certiorary is in accordance with the reglementary period of sixty days. What I would like to know is the petition for certiorary requires a bond? If not, when or where should the posting a bond arise?

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5 Re: Legal matters: Bond or no bond? on Sat Jul 21, 2012 1:09 pm

attyLLL


moderator
no bond is necessary, but you can request for execution of the award already.

note however, if CA or SC reverses the nlrc, then you have to pay back what you received, if any.


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6 Re: Legal matters: Bond or no bond? on Sun Jul 22, 2012 10:44 am

tribalsun


Arresto Menor
Can i still request for a writ of execution pending CA court mediation?

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7 Re: Legal matters: Bond or no bond? on Sun Jul 22, 2012 10:53 am

attyLLL


moderator
yes


_________________
[i] Visit our FB Page: BPO Employee Legal Advice
Warning and Disclaimer: I am not your lawyer; and you are not my client. With the limitations of an  Internet forum, a thorough review of your concern is not possible. View my comments at YOUR OWN RISK. It is best to actually retain a lawyer for your individual concerns.
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8 Re: Legal matters: Bond or no bond? on Sun Jul 22, 2012 2:10 pm

tribalsun


Arresto Menor
Got it.
This site is awesome!
Thanks so much!

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9 Re: Legal matters: Bond or no bond? on Sun Jul 22, 2012 2:38 pm

k92b


Arresto Menor
Hi, I hope I've got the right forum. Anyways, I would like to know how long can a company terminates an employee if the employee has no call no show after signing a contract?

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