a. Appeal from the RAB to the NLRC Proper (Rule VI)

B. National Labor Relations Commission

• Jurisdiction
• Original – Labor Code, arts. 225 (d), (e) and 278 (g); 2011 NLRC Rules of Procedure, as amended, Rule XII, sec. 1
• Appellate – Labor Code, art. 229 [223]; 2011 NLRC Rules of Procedure, as amended, Rule VI, sec. 1
• Mode of Appeal and Requisites

Appeal from the RD’s Decision

The Complainant may appeal to the NLRC within 5 calendar days from a receipt of a copy of the Regional Director’s decision / resolution.

Appeal of POEA Decision to NLRC w/in 10 calendar days in cases of:

• Violation of overseas employment contracts.
• Disciplinary cases filed against overseas contract workers.

Procedure

• File Memorandum of Appeal within 10 calendar days, counted from receipt of decision;
• Other party can file an Answer within 10 calendar days from receipt of Memorandum of Appeal;
• NLRC decides within 20 calendar days;
• NLRC decision becomes final and executory 10 calendar days after the parties receive it, subject to a timely motion for reconsideration.

Appeal by Employer Involving Monetary Award

A bond equivalent to monetary award should be posted within the 10-day period for filing of appeal.

If no bond is filed, appeal is not perfected. (see Catubay v. NLRC, G.R. No. 119289, 2000)

Remedy in case of failure to post bond, remedy is to file a motion to dismiss.

Justifications for Non-Posting of Bond

• No monetary award (Aba v. NLRC, G.R. No. 122627, 1999);
• Monetary award is not specified in the decision (Orozco v. CA, G.R. No. 155207, 2005);
• In case of conflict between body and fallo of the decision, the latter should prevail (Mendoza Jr. v. San Miguel Foods, G.R. No. 158684, 2005)