G.R. No. 122627. July 28, 1999.
Wilson Aba, petitioner, vs. National Labor Relations Commission (Fourth Division) and Alfonso Villegas, respondents.

FACTS

Petitioner Wilson Aba filed a complaint against Hda. Sta. Ines and/or Alfonso Villegas for illegal dismissal, legal holiday pay, premium pay on holiday and rest day, service incentive leave pay, separation pay, and salary and 13th month differentials. He claimed he worked at Hda. Sta. Ines from December 26, 1976, until his termination on August 27, 1990. The private respondents denied employing Aba, presenting a copy of another complaint filed by Aba against Hda. Fatima and/or Alfonso Villegas for underpayment of salaries, where he claimed employment from January 5, 1972, until December 6, 1990. They argued the overlapping periods made simultaneous employment impossible. The Labor Arbiter initially dismissed the complaint due to this inconsistency. Upon appeal, the NLRC remanded the case for a decision on the merits. On remand, Aba alleged he started working at Hda. Sta. Ines in 1968, while respondents maintained they never employed him, submitting a decision from another case (RAB Case No. 09-418-90-D) where Aba was awarded 13th-month pay from Hda. Fatima, and affidavits from their employees attesting Aba was never employed at Hda. Sta. Ines. The Labor Arbiter again dismissed the case, finding no employer-employee relationship. Aba appealed, but the NLRC dismissed his appeal for non-payment of the appeal docketing fee, despite his subsequent payment and filing of a Motion for Reconsideration and Supplemental Brief with supporting affidavits.

ISSUE

Whether the delay in paying the appeal docketing fee is fatal to the perfection of petitioner’s appeal.

RULING

No. The Supreme Court ruled that the failure to pay the appeal docketing fee on time is not fatal to the perfection of the appeal. The appeal was filed within the reglementary period, the memorandum of appeal contained the required assignments of error, arguments, and reliefs, and no appeal bond was necessary as the decision appealed contained no monetary award. Payment of the docketing fee is not a requirement for the perfection of an appeal. Technical rules are not binding in labor proceedings, and the policy is to resolve labor disputes with compassionate justice towards the working class. Jurisprudence holds that the power to dismiss an appeal for non-payment of the fee is directory and must be exercised with sound discretion and circumspection. Furthermore, Aba was excused from paying docket fees pursuant to Article 277(d) of the Labor Code, as the case involves labor standards disputes. The petition was GRANTED. The NLRC decision and resolution were REVERSED and SET ASIDE. The NLRC was DIRECTED to decide the appeal on its merits.