SYLLABI/SYNOPSIS SECOND DIVISION [G.R. No. 113600. May 28, 1999] RIZALINA LAMZON, doing business under the name and style RIZAL INTERNATIONAL SHIPPING SERVICES, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, FIRST DIVISION, MANILA, HON. FELICISIMO O. JOSON, in his capacity as ADMINISTRATOR, PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, MANUEL BANTA and EDILBERTO CUETARA, respondents. DECISION BUENA, J.: Edilberto T. Cuetara and Manuel M. Banta, private respondents herein, were hired by petitioner Rizal International Shipping Services for employment on board M/V Silver Hope, a vessel owned and operated by Silver Lines Company, Ltd. of Japan, as Chief Engineer and Bosun respectively. For the alleged non-payment of wages, overtime pay and sales bonus covering the period of January 1 to March 6, 1988, private respondents Cuetara and Banta filed separate complaints for non-payment of wages and other benefits before the Philippine Overseas Employment Agency, hereinafter known as the POEA. Private respondents Cuetara and Banta later on amended their separate complaints and filed a joint complaint on April 11, 1990.i[1] Acting on private respondents complaint for unpaid wages, the POEA on October 28, 1992 rendered a decision in favor of private respondents, ordering petitioner Rizal International Shipping Services to pay Cuetara and Banta their unpaid claim amounting to three thousand four hundred thirty two and 20/100 US Dollars (US$3,432.20) or its equivalent in Philippine peso and one thousand fiftyfour and 64/100 US Dollars (US$1,054.64) or its equivalent in Philippine peso respectively, plus attorneys fees equivalent to five percent (5%) of the total award ii[2] Convinced that the POEA decision was rendered with grave abuse of discretion for being contrary to law and the facts of the case, petitioner, on November 12, 1992, filed a "Notice of Appeal"iii[3] with the POEA, alleging, among others, that petitioner is paying the appeal fee in the amount of P100.00 and posting a surety bond in the amount of P113, 068.36, in accordance with law, rules and regulation of the POEA and praying that the entire records of the case be elevated to respondent National Labor Relations Commission, hereinafter known as the NLRC. Together with the "Notice of Appeal," petitioner as appellant filed the Appeal Memorandum,"iv[4] the receipt of payment of the appeal feev[5] and the Motion for Extension of Time to File Appeal Bondvi[6] praying for an extension of ten(10) days from November 13, 1992 within which to file an appeal bond. On November 20, 1992, petitioner filed the required appeal/surety bond in the amount of P113, 068.36.