Effects if Motion for Reconsideration is Filed instead of Appeal from the Decision of the Labor ArbiterAtty Elvin
While most of the respondents in a labor case are represented by a counsel, there are those who undertake labor litigation on their own or without a lawyer. Considering that technical requirements of the procedure, mistake may be committed along the way.
One of the critical steps in labor litigation where mistake may be committed is in the filing of an appeal from the Decision or Order of the Labor Arbiter.
Under the 2011 NLRC Rules of Procedure, as amended, decisions, awards, or orders of the Labor Arbiter shall be final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt thereof.
The required form of appeal is the Memorandum of Appeal. Section 4, Rule VI of the 2011 NLRC Rules of Procedure also states that to perfect an appeal, it should be filed in the form of a memorandum of appeal which shall state the grounds relied upon and the arguments in support thereof, the relief prayed for, and with a statement of the date the appellant received the appealed decision, award or order.
If Motion for Reconsideration or MR is filed and not Memorandum of Appeal then the case may have become final and executory already since an MR is a prohibited pleading.
Under Section 5, Rule V, Motion for Reconsideration of any decision or any order of the Labor Arbiter is a prohibited pleading. The rules also state that a prohibited pleading shall not be allowed and acted upon nor
elevated to the Commission.
Hence, an MR filed on the Decision of the LA will not be acted upon. The case may be considered as not being appealed considering the absence of Memorandum of Appeal.
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