While it is conceded that respondents had filed their appeal within the
period permitted by law yet, it is submitted that the said appeal should not have
been entertained on the very simple ground that the surety bond it submitted to
perfect their appeal is a “FAKE” and “FORGERIES” as certified to by no less
than NORMA A. VILLANO, Assistant Vice President of the Eastern Assurance
& Surety Corporation in her letter dated September 11 and 14, 1998 regarding the
surety bonds Nos. G(16)54276 B-2772 in the amount ofP118,779.69 and
G(16)54194/B-2691 in the amount of P50,000.00, respectively.[11]
Anita asserted that since petitioner failed to comply with the requirements
for perfecting an appeal, no appeal was perfected from the decision of the Labor
Arbiter and petitioner’s appeal should have been “outrightly dismissed.”[12]
The NLRC denied Anita’s motion for reconsideration in its assailed 3
February 1999 Resolution.[13]
On 17 August 1999, Anita filed a petition for certiorari[14] before the Court of
Appeals assailing the decision and resolution of the NLRC. On 23 August 1999,
the Court of Appeals issued the following resolution:
Before We act on the instant petition for certiorari, the petitioner is
directed to inform this Court in writing, within five (5) days from receipt hereof,
the date when C. S. Cruz and Associates, her counsel, received a copy of the
Resolution dated February 3, 1999 in the case before the National Labor Relations
Commission.
SO ORDERED.[15]
On 17 April 2000, Anita’s new counsel, Emerson C. Tumanon (“Atty.
Tumanon”), filed with the Court of Appeals his Entry of Appearance and
Compliance.[16] Atty. Tumanon asserted that Anita engaged his services as counsel
in the present case in view of the death of Anita’s former counsel, Ciriaco S. Cruz
(“Atty. Cruz”), on 26 June 1999. Atty. Tumanon stated that upon verification with
the records of the NLRC, he found out that Atty. Cruz never received a copy of the
assailed 3 February 1999Resolution.