VIRON GARMENTS MANUFACTURING, CO., INC. and DOLLY LIM, vs. THE NATIONAL LABOR RELATIONS COMMISSION (Third Division), NATIONAL FEDERATION OF LABOR UNIONS FEDERATION OF LABOR UNIONS (NAFLU) and RODOLFO ROMERO, MILA BUDA, MILAGROS COLCOL, IMELDA PATROPIS, ESTRELITA DUMO, SHIRLEY MONFORTE, ERLINDA…
- G.R. Number: G.R. No. 97357
- Promulgated: 1992-03-18
- Ponente: Griño-Aquino, J.
Doctrine
The word 'may' indicates that appeal itself is optional, but does not make posting of the appeal bond optional if the defeated party desires to appeal.
Where statutory language is unambiguous, the legislature's meaning must be derived from the words used; no room for construction exists.
Requirement of cash or surety bond for employer appeals aims to assure workers of satisfaction of monetary awards and to discourage employers from using appeals to delay or evade payment.
Facts
Petition for certiorari under Rule 65 challenging NLRC decision (Nov 21, 1990) dismissing petitioners' appeal for failure to file required cash or surety bond under Art. 223, and related denial of motion for reconsideration (Jan 31, 1991).
Complaint filed on 4 June 1985 by NAFLU and others charging Viron Garments and Dolly Lim with illegal shutdown, nonpayment of wages and allowances for specified periods, unpaid service incentive leave pay, and illegal wage deductions.
Petitioners had signed an 'undertaking' to answer and pay the judgment or award, but the Court noted such undertaking would not assure satisfaction if petitioners became insolvent during appeal.
Issues
Whether the petition for certiorari under Rule 65 is proper to annul the NLRC's dismissal of the employer's appeal for failure to post the cash or surety bond required by Art. 223 of the Labor Code.
Ruling
The petition for certiorari is dismissed; the temporary restraining order previously issued is lifted.
Keywords
G.R. No. 97357, petition for certiorari, Rule 65 of the Rules of Court, NLRC Case No. RAB-III-06-022-85-B, unfair labor practice, illegal shutdown, non-payment of wages, service incentive leave pay, illegal deduction, reinstatement, backwages, monetary award, Motion for Execution, Writ of Execution, Appeal Bond/Undertaking, Art. 223 of the Labor Code, Republic Act No. 6715, cash or surety bond, perfection of an appeal, Provincial Board of Cebu vs. Presiding Judge of Cebu Court of First Instance, Branch IV, 171 SCRA 1