GR 183417; (February, 2010) (Digest)
G.R. No. 183417 , February 5, 2010
Mindanao Times Corporation, Petitioner, vs. Mitchel R. Confesor, Respondent.
FACTS
Mitchel Confesor (respondent) was employed by Mindanao Times Corporation (petitioner), a newspaper publisher, in May 1998 and became its Associate Editor. He resigned on June 17, 2003. He later filed a complaint for illegal dismissal, alleging he was forced to resign after publishing articles accusing certain politicians of anomalies, with a promise of separation benefits that were not given. The Labor Arbiter found constructive dismissal and ordered petitioner to pay backwages, separation pay, and attorney’s fees. Both parties appealed to the NLRC. To perfect its appeal, petitioner deposited the monetary award amount (₱71,909.77) in a bank and submitted the passbook and a Deed of Assignment of the deposit proceeds to the NLRC. The NLRC reversed the Labor Arbiter, dismissing the complaint. The Court of Appeals initially dismissed respondent’s petition but, on reconsideration, set aside the NLRC resolution and reinstated the Labor Arbiter’s decision, declaring it final and executory. The appellate court held that the bank deposit and Deed of Assignment did not constitute the required cash or surety bond, thus petitioner’s appeal was not perfected.
ISSUE
Whether the petitioner’s submission of a bank passbook and a Deed of Assignment assigning the proceeds of the deposit constituted substantial compliance with the mandatory appeal bond requirement for perfecting an appeal to the NLRC from a Labor Arbiter’s monetary award.
RULING
No. The petition is denied. The posting of a cash or surety bond is a mandatory and jurisdictional requirement for perfecting an employer’s appeal under Article 223 of the Labor Code and Section 6 of the NLRC Rules of Procedure. The law states an appeal may be perfected “only upon the posting of a cash or surety bond.” A cash bond means a sum of money. The bank deposit passbook and Deed of Assignment submitted by the petitioner are neither a cash bond nor a surety bond. Therefore, the petitioner’s appeal was not duly perfected, rendering the Labor Arbiter’s decision final and executory.