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Requirements for Perfecting an Appeal

Rule VI, Section 4 of the 2005 Revised Rules and Procedures outlines the necessary requirements for perfecting an appeal, including timely filing, verification, and accompanying documents. The respondent failed to meet these requirements, resulting in a defective appeal that was not perfected within the reglementary period. As a consequence, the Labor Arbiter's decision became final and executory, and late submissions could not rectify the deficiencies in the appeal.

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9 views1 page

Requirements for Perfecting an Appeal

Rule VI, Section 4 of the 2005 Revised Rules and Procedures outlines the necessary requirements for perfecting an appeal, including timely filing, verification, and accompanying documents. The respondent failed to meet these requirements, resulting in a defective appeal that was not perfected within the reglementary period. As a consequence, the Labor Arbiter's decision became final and executory, and late submissions could not rectify the deficiencies in the appeal.

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Bnl Nina
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Rule VI, Section 4 of the 2005 Revised Rules and Procedures of the National Labor Relations

Commission provides that:

Section 4, requisites for Perfection of Appeal. - a) The appeal shall be: 1) filed within the
reglementary period provided in Section 1 of this Rule; 2) verified by the appellant himself in
accordance with Section 4, Rule 7 of the Rules of Court, as amended; 3) 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, resolution or order; 4) in three (3) legibly typewritten or printed copies; and 5)
accompanied by i) proof of payment of the required appeal fee, ii) posting of a cash or surety
bond as provided in Section 6 of this Rule; iii) a certificate of non-forum shopping; and iv) proof of
service upon the other parties.

The above-quoted Rules explicitly provides for the requisites for perfecting an appeal, which
[respondent] miserably failed to comply. [Respondent's] Memorandum of Appeal contains no
averments as to the date [respondent) or her counsel received the Decision of the Labor Arbiter.
The appeal is unverified. No certificate of non-forum shopping was attached to the appeal. The
appeal fee was paid only on July 17, 2006, or after more than forty-six (46) days from the filing of
the Memorandum of Appeal on June 1, 2006. Lacking these mandatory requirements,
[respondent's] appeal is fatally defective, and no appeal was perfected within the reglementary
period. Consequently, the Decision of the Labor Arbiter had become final and executory. The
belated filing of the verification and certification on non-forum shopping will not cure its defect
and it only proves that indeed [respondent's] appeal was not perfected at all. 22

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