CASES: Relaxation of rule on MANDATORY Appeal Bond in NLRC


Rules of Procedure or where the appellants, at the very least, exhibited willingness to pay by posting a partial bond or where the failure to comply with the requirements for perfection of appeal was justified. (G.R. No. 151854, September 3, 2008; G.R. No. 152494, September 22, 2004)

While Section 6, Rule VI of the NLRC's New Rules of Procedure allows the Commission to reduce the amount of the bond, the exercise of the authority is not a matter of right on the part of the movant, but lies within the sound discretion of the NLRC upon a showing of meritorious grounds. It is daylight-clear from the foregoing that while the bond may be reduced upon motion by the employer, this is subject to the conditions that (1) the motion to reduce the bond shall be based on meritorious grounds; and (2) a reasonable amount in relation to the monetary award is posted by the appellant; otherwise, the filing of the motion to reduce bond shall not stop the running of the period to perfect an appeal. The qualification effectively requires that unless the NLRC grants the reduction of the cash bond within the 10-day reglementary period, the employer is still expected to post the cash or surety bond securing the full amount within the said 10-day period. (G.R. No. 182626, December 4, 2009; G.R. No. 167563, March 22, 2010
Clearly, an appeal from a judgment as that involved in the present case is perfected "only" upon the posting of a cash or surety bond. "Cash," means a sum of money; cash bail (the sense in which the term "cash bond" is used) is a sum of money posted by a criminal defendant to ensure his presence in court, used in place of a surety bond and real estate. (G.R. No. 183417, February 5, 2010)

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