awards or orders. If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or a
holiday, the last day to perfect the appeal shall be the next working day. (As amended on Nov. 7,
1991)
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Section 3. Requisites for Perfection of Appeal. - (a) The appeal shall be filed within the
reglementary period as provided in Section 1 of this Rule; shall be under oath with proof of
payment of the required appeal fee and the posting of a cash or surety bond as provided on
Section 5 of this Rule; shall be accompanied by a memorandum of appeal which shall state
the grounds relied upon and the arguments in support thereof; the relief prayed for; and a
statement of the date when the appellant received the appealed decision, order or award and
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 for perfecting an appeal.
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Section 6. Bond. - In case the decision of a Labor Arbiter, POEA Administrator and Regional
Director or his duly authorized hearing officer involves a monetary award, an appeal by the
employer shall be perfected only upon the posting of a cash or surety bond issued by a
reputable bonding company duly accredited by the Commission or the Supreme Court in an
amount equivalent to the monetary award, exclusive of moral and exemplary damages and
attorney's fees.
The employer as well as counsel shall submit a joint declaration under oath attesting that the
surety bond posted is genuine and that it shall be in effect until final disposition of the case.
The Commission may, in meritorious cases and upon Motion of the Appellant, reduce the
amount of the bond. The filing, however, of the motion to reduce bond shall not stop the running
of the period to perfect appeal.
Section 7. No Extension of Period. - No motion or request for extension of the period within
which to perfect an appeal shall be allowed." [Emphasis Supplied]
Applying the aforesaid rules, an appeal from the POEA Administrator to the NLRC must be
perfected within ten (10) calendar days from receipt of such decisions, awards or orders of the
Administratorxiii[13] otherwise, the same shall become final and executory. In a judgment
involving a monetary award, the appeal shall be perfected only upon (1) proof of payment of
the required appeal fee and (2) posting of a cash or surety bond issued by a reputable bonding
company and (3) duly accompanied by a memorandum of appeal. A mere notice of appeal
without complying with the other requisites mentioned shall not stop the running of the period
for perfection of appeal.