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RULES ON APPEAL IN LABOR CASES IN THE PHILIPPINES
Decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof; and in case of decisions or resolutions of the Regional Director of the Department of Labor and Employment (DOLE) pursuant to Article 129 of the Labor Code, as amended, within five (5) calendar days from receipt thereof.
If the 10th or 5th day, as the case may be, falls on a Saturday, Sunday or holiday, the last day to perfect the appeal shall be the first working day following such Saturday, Sunday or holiday.
No motion or request for extension of the period within which to perfect an appeal shall be allowed.
The appeal may be entertained only on any of the following grounds:
(a) If there is prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director;
(b) If the decision, award or order was secured through fraud or coercion, including graft and corruption;
(c) If made purely on questions of law; and/or,
(d) If serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant.
The appeal shall be filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided.
The requisites for perfection of appeal are as follows:
(a) The appeal shall be:
(1) filed within the reglementary period provided in Section 1 of this Rule;
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(2) verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court, as amended;
(3) in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order;
(4) in three (3) legibly typewritten or printed copies; and,
(5) accompanied by:
- proof of payment of the required appeal fee and legal research fee,
- posting of a cash or surety bond as provided in Section 6 of this Rule, and
- (iii) proof of service upon the other parties.
(b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running of the period for perfecting an appeal.
(c) The appellee may file with the Regional Arbitration Branch or Regional Office where the appeal was filed his/her answer or reply to appellant’s memorandum of appeal, not later than ten (10) calendar days from receipt thereof. Failure on the part of the appellee who was properly furnished with a copy of the appeal to file his/her answer or reply within the said period may be construed as a waiver on his/her part to file the same.
(d) Subject to the provisions of Article 218 (now 225) of the Labor Code, as amended, once the appeal is perfected in accordance with these Rules, the Commission shall limit itself to reviewing and deciding only the specific issues that were elevated on appeal.
The appellant shall pay the prevailing appeal fee and legal research fee to the Regional Arbitration Branch or Regional Office of origin, and the official receipt of such payment shall form part of the records of the case.
In case the 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 bond, which shall either be in the form of cash deposit or surety bond in an amount equivalent to the monetary award, exclusive of damages and attorney’s fees.
In case of surety bond, the same shall be issued by a reputable bonding company duly accredited by the Commission, and shall be accompanied by original or certified true copies of the following:
(a) a joint declaration under oath by the employer, his/her counsel, and the bonding company, attesting that the bond posted is genuine, and shall be effective until final disposition of the case;
(b) an indemnity agreement between the employer-appellant and bonding company;
(c) proof of security deposit or collateral securing the bond: provided, that a check shall not be considered as an acceptable security; and,
(d) notarized board resolution or secretary’s certificate from the bonding company showing its authorized signatories and their specimen signatures. The Commission through the Chairman may on justifiable grounds blacklist an accredited bonding company.
A cash or surety bond shall be valid and effective from the date of deposit or posting, until the case is finally decided, resolved or terminated, or the award satisfied. The bond shall still be liable even if the appeal is dismissed for non-perfection or for whatever ground.
These conditions shall be deemed incorporated in the terms and conditions of the surety bond, and shall be binding on the appellants and the bonding company. The appellant shall furnish the appellee with a certified true copy of the said surety bond with all the above-mentioned supporting documents.
The appellee shall verify the regularity and genuineness thereof and immediately report any irregularity to the Commission. Upon verification by the Commission that the bond is irregular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsible parties and their counsels, or subject them to reasonable fine or penalty, and the bonding company may be blacklisted.
No motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award. The mere filing of a motion to reduce bond without complying with the requisites in the preceding paragraphs shall not stop the running of the period to perfect an appeal. (As amended by En Banc Resolution No. 14-15, Series of 2015; En Banc Resolution No. 06-18, Series of 2018)
The records of a case shall have a corresponding index of its contents which shall include the following:
(a) the original copy of the complaint;
(b) other pleadings and motions;
(c) minutes of the proceedings, notices, transcripts of stenographic notes, if any;
(d) decisions, orders, and resolutions as well as proof of service thereof, if available;
(e) the computation of the award;
(f) memorandum of appeal and the reply or answer thereto, if any, and proof of service, if available;
(g) official receipt of the appeal fee; and
(h) the appeal bond, if any.
The records shall be chronologically arranged and paged prominently.
Within forty-eight (48) hours from receipt of the answer/reply or opposition to the appeal, or upon the lapse of the period within which to file the same, the entire records of the case shall be transmitted by the Regional Arbitration Branch or office of origin to the Commission. (As amended by En Banc Resolution No. 06-18, Series of 2018)
Without prejudice to immediate reinstatement pending appeal under Section 3 of Rule XI, once an appeal is filed, the Labor Arbiter loses jurisdiction over the case. All pleadings and motions pertaining to the appealed case shall thereafter be addressed to and filed with the Commission.
No appeal from an interlocutory order shall be entertained. To discourage frivolous or dilatory appeals, including those taken from interlocutory orders, the Commission after hearing may censure or cite in contempt the erring parties and their counsels, or subject them to reasonable fine or penalty.
The Rules governing appeals from the decisions or orders of Labor Arbiters shall apply to appeals to the Commission from decisions or orders of the other offices or agencies appealable to the Commission according to law.
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