6/5/2020
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In People's Broadcasting v. Secretary of the DOLE,[103] we ruled that the Deed of
Assignment of savings made by the employer in favor of the employee validly served
the purpose of an appeal bond. We said that the posting of the bond in this manner
insured, during the period of appeal, against any occurrence that would defeat or
diminish the monetary judgment in favor of the employee if the judgment is eventually
affirmed.[104]
In this case, there is no question that the NLRC accepted the appeal bond posted by
petitioner through a current-dated check, as evidenced by Official Receipt No. 0701550
dated 20 April 2007.[105] That check was deposited to the bank account of the NLRC on
23 April 2007 without incident.[106] Furthermore, respondent has never disputed the
sufficiency of the bond posted or petitioner's manifestation before us that "up to the
present, the cash bond posted x x x is still in effect and remains in the coffers of the x
x x NLRC and is susceptible to execution in the unfortunate event that this Petition
fails."[107]
To our mind, the appeal of petitioner has been perfected on time by virtue of its
compliance with the appeal bond requirement. We note that its payment of the appeal
bond through the issuance of a check was not even an issue before the NLRC. The
latter had given due course to petitioner's appeal without any indication of having
found any defect in the appeal bond posted.
Nevertheless, we have had occasion to rule that the appeal bond requirement for
judgments involving monetary awards may be relaxed in meritorious cases,[108] as in
instances when a liberal interpretation would serve the desired objective of resolving
controversies on the merits.[109] In the recent Balite v. SS Ventures International, Inc.,
[110]
we recognized that there was a need "to strike a balance between the
constitutional obligation of the state to afford protection to labor on the one hand, and
the opportunity afforded to the employer to appeal on the other."[111] In this kind of
undertaking, the Court is justified in giving employers the amplest opportunity to
pursue their cause while ensuring that employees will receive the money judgment
should the case be ultimately decided in their favor.
We do not see why the same liberality - if at all needed - cannot be applied to this case
in particular, in which it is clear that respondent's allegations of illegal dismissal and
money claims are unfounded. In fine, the CA committed an error when it ascribed
grave abuse of discretion on the part of the NLRC when the latter ruled in favor of
petitioner.
WHEREFORE, the Court of Appeals Decision dated 29 May 2009 and Resolution dated
24 August 2009 in CA-G.R. SP No. 107378 are REVERSED and SET ASIDE. The
Decision dated 30 July 2008 issued by the National Labor Relations Commission in
NLRC CA No. 052466-07 (5), dismissing respondent's complaint, is REINSTATED.
SO ORDERED.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60760
14/20