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total of US$7,200. The claim for overtime pay is DENIED for lack of
sufficient basis.[19]
Acting on the Motion for Reconsideration[20] of petitioners, however, the NLRC issued a
Resolution[21] on November 11, 2008, reversing its previous Decision. According to the
NLRC, respondent's appeal was dismissible for several fatal procedural defects, to wit:
Perusal of the records show that [respondent's] new counsel filed on May
31, 2006 a Motion for Extension of Time to File a Motion for Reconsideration
due to lack of material time in preparing a Motion for Reconsideration.
However, [respondent's] counsel filed a Memorandum of Appeal through
registered mail on June 1, 2006 x x x and paid the appeal fee on July 17,
2006 x x x.
Rule VI, Section 4 of the 2005 Revised Rules and Procedures of the National
Labor Relations Commission provides that:
Section 4, requisites for Perfection of Appeal. - a) The appeal
shall be: 1) filed within the reglementary period provided in
Section 1 of this Rule; 2) verified by the appellant himself in
accordance with Section 4, Rule 7 of the Rules of Court, as
amended; 3) in the form of a memorandum of appeal which shall
state the grounds relied upon and the arguments in support
thereof, the relief prayed for, and with a statement of the date
the appellant received the appealed decision, resolution or order;
4) in three (3) legibly typewritten or printed copies; and 5)
accompanied by i) proof of payment of the required appeal fee,
ii) posting of a cash or surety bond as provided in Section 6 of
this Rule; iii) a certificate of non-forum shopping; and iv) proof of
service upon the other parties.
The above-quoted Rules explicitly provides for the requisites for perfecting
an appeal, which [respondent] miserably failed to comply. [Respondent's]
Memorandum of Appeal contains no averments as to the date [respondent]
or her counsel received the Decision of the Labor Arbiter. The appeal is
unverified. No certificate of non-forum shopping was attached to the appeal.
The appeal fee was paid only on July 17, 2006, or after more than forty-six
(46) days from the filing of the Memorandum of Appeal on June 1, 2006.
Lacking these mandatory requirements, [respondent's] appeal is fatally
defective, and no appeal was perfected within the reglementary period.
Consequently, the Decision of the Labor Arbiter had become final and
executory. The belated filing of the verification and certification on nonforum shopping will not cure its defect and it only proves that indeed
[respondent's] appeal was not perfected at all.[22]
Nonetheless, the NLRC set technicalities aside and still proceeded to resolve the case
on the merits, ultimately finding that respondent failed to present evidence to prove
she had been illegally dismissed:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64155
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