MARIANO ONG, DOING BUSINESS UNDER THE NAME AND STYLE MILESTONE METAL MANUFACTURING, VS. THE COURT OF APPEALS, CONRADO DABAC, BERNABE TAYACTAC, MANUEL ABEJUELLA, LOLITO ABELONG, RONNIE HERRERO, APOLLO PAMIAS, JAIME ONGUTAN, NOEL ATENDIDO, CARLOS TABBAL, JOEL ATENDIDO, BIENVENIDO EBBER, RENATO ABEJUEL

Ruling

WHEREFORE, in view thereof, it is respectfully prayed of this Honorable Office that the appeal bond of P1,427,802.04 be reduced. [14] After careful scrutiny of the motion to reduce appeal bond, we agree with the Court of Appeals that the NLRC did not act with grave abuse of discretion when it denied petitioners motion for the same failed to either elucidate why the amount of the bond was unjustified and prohibitive or to indicate what would be a reasonable level . [15] In Calabash Garments, Inc. v. NLRC , [16] it was held that a substantial monetary award, even if it runs into millions, does not necessarily give the employer-appellant a meritorious case and does not automatically warrant a reduction of the appeal bond. Even granting arguendo that petitioner has meritorious grounds to reduce the appeal bond, the result would have been the same since he failed to post cash or surety bond within the prescribed period. The above-cited provisions explicitly provide that an appeal from the Labor Arbiter to the NLRC must be perfected within ten calendar days from receipt of such decisions, awards or orders of the Labor Arbiter. In a judgment involving a monetary award, the appeal shall be perfected only upon (1) proof of payment of the required appeal fee; (2) posting of a cash or surety bond issued by a reputable bonding company; and (3) filing of a memorandum of appeal. A mere notice of appeal without complying with the other requisites mentioned shall not stop the running of the period for perfection of appeal. [17] The posting of cash or surety bond is not only mandatory but jurisdictional as well, and non-compliance therewith is fatal and has the effect of rendering the judgment final and executory. [18] This requirement is intended to discourage employers from using the appeal to delay, or even evade, their obligation to satisfy their employees just and lawful claims. [19] The intention of the lawmakers to make the bond an indispensable requisite for the perfection of an appeal by the employer is underscored by the provision that an appeal by the employer may be perfected only upon the posting of a cash or surety bond. The word only makes it perfectly clear that the lawmakers intended the posting of a cash or surety bond by the employer to be the exclusive means by which an employers appeal may be perfected. [20] The fact that the NLRC took 102 days to resolve the motion will not help petitioners case. The NLRC Rules clearly provide that the filing of the motion to reduce bond shall not stop the running of the period to perfect appeal . Petitioner should have seasonably filed the appeal bond within the ten-day reglementary period following the receipt of the order, resolution or decision of the NLRC to forestall the finality of such order, resolution or decision. In the alternative, he should have paid only a moderate and reasonable sum for the premium, as was held in Biogenerics Marketing and Research Corporation v. NLRC , [