In labor cases, lack of appeal bond makes judgment final, executory, unappealable

The perfection of an appeal in the manner and within the period prescribed by law is not only mandatory but also jurisdictional. Failure to conform with the rules regarding appeal will certainly render the judgment final and executory, hence, unappealable. In the case at bar, records bear out that private respondent did not comply with the foregoing mandatory rules on appeals. After receiving a copy of the decision, private respondent through its president, wrote the labor arbiter who rendered the decision and expressed dismay over the judgment. No appeal was taken therefrom within ten (10) days from September 10, 1992, the date private respondent received a copy of such judgment. Neither was a cash or surety bond posted by the private respondent. For even assuming for the sake of argument that the letter is a valid notice of appeal, the lack of a cash or surety bond is fatal to the appeal. The judgment in question involves a monetary award, and in cases where the judgment involves a monetary award, the second paragraph of Article 223 of the Labor Code, as amended by R.A. 6715, provides that the appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the NLRC in the amount equivalent to the monetary award in the judgment appealed from. [G.R. No. 110494. November 18, 1996]