order and a certificate of non-forum shopping with proof of service on the other party
of such appeal. A mere notice of appeal without complying with the other requisites
aforestated shall not stop the running of the period of perfecting an appeal.
xxx
SECTION 6. BOND. In case of decision of the Labor Arbiter or the Regional Director
involves a monetary award, an appeal by the employer may be perfected only upon
the posting of a cash or surety bond. The appeal bond shall either be in cash or surety
in an amount equivalent to the monetary award, exclusive of damages and attorneys
fees.
In case of surety bond, the same company 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 surety bond posted is genuine, and shall be in effect until
final disposition of the case.
x x x.
The necessary import of the foregoing sections, as we held in Imperial Textile Mills,
Inc. vs. NLRC,[5] is that the perfection of an appealin the manner and within the
period prescribed by law is not only mandatory but jurisdictional, and failure to
conform to the rules will render the judgment sought to be reviewed final
and unappealable.
Thus, for petitioners failure to comply with the requirements on the posting of the
surety bond and the submission of the joint declaration as to the genuineness of the
surety bond, the Labor Arbiters Decision has become final and unappealable.
Assuming we relax the rules on appeal bond and the submission of a joint
declaration, still we have to deny the instant petition. Evidence shows that respondent
was illegally dismissed from the service. But petitioner justifies such dismissal by
invoking Section 23 of the POEA Standard Employment Contract[6] and Section 3, Article
VI of the Collective Bargaining Agreement.[7]
Obviously, petitioner misses the point. As found by the Court of Appeals, there is no
proof that petitioner sold the vessel, thus:
Petitioner did not present even an iota of evidence to prove that the vessel on
which Cortina was embarked, was indeed sold. Neither did petitioner establish that the
vessel was laid-up or the voyage was discontinued.