appeal Archives - LVS Rich Publishing

18 Dec

Substantial Compliance in Jurisdictional Requirement for Appeal in NLRC Case

Appeals involving monetary awards are perfected only upon compliance with the following mandatory requisites, namely: [Salazar vs. Simbajon, G.R. No. 202374, June 30, 2021] (1) payment of the appeal fees; (2) filing of the Memorandum of Appeal; and (3) payment of the required cash or surety bond. For the posting of cash or surety bond, its purpose is to assure the employees that they will receive the monetary award granted them if they finally prevail in the case. The bond also serves to [...]

02 Jun

Effects if Motion for Reconsideration is Filed instead of Appeal from the Decision of the Labor Arbiter

In labor case, one of the parties may receive an adverse decision or order of the Labor Arbiter. In such case, what is the remedy? 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 [...]

By Atty Elvin Labor Law appeal, atty. elvin, commission, labor, Labor Arbiter, Labor Code, labor law, memorandum of appeal, motion for reconsideration, nlrc 0 Comments Read more...

14 Mar

Separation Pay is Computed up to Finality of Decision, Even if the Employee‘s Appeal Extended the date of Finality

Veronica Perez filed an illegal dismissal case against her employer, a theology school. She won the case before the Labor Arbiter (LA) all the way up to the Supreme Court. The decision became final and executory on October 4, 2012. The employer argued that the computation of the separation should be up to June 16, 2008 only and not October 4, 2012 resulting in a lower award since the delay in the decision becoming final was due to appeals made [...]

By Atty Elvin Labor Law, Uncategorized appeal, finality of decision, separation pay in lieu of reinstatement 19 Comments Read more...

Tag - appeal

Substantial Compliance in Jurisdictional Requirement for Appeal in NLRC Case

Effects if Motion for Reconsideration is Filed instead of Appeal from the Decision of the Labor Arbiter

Separation Pay is Computed up to Finality of Decision, Even if the Employee‘s Appeal Extended the date of Finality