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    Title Garcia v. KJ Commercial: G. R. No. 196830

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    Rochelle Joy Solis
    This case discusses whether filing a motion to reduce bond stops the running of the period to appeal a labor arbiter's decision. The Supreme Court ruled that (1) filing such a motion and posting a reasonable bond stops the period to appeal, and the NLRC can rule on the motion even after the 10-day appeal period; (2) if the motion is granted, the appeal is perfected, but if denied the appellant can still file a motion for reconsideration; and (3) since the appellant in this case filed the motion and posted bonds, even if partial at first, their appeal was properly perfected when the NLRC granted reconsideration. The Court therefore denied the petition and affirmed the lower court's

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    Title Garcia v. KJ Commercial: G. R. No. 196830

    Uploaded by

    Rochelle Joy Solis
    198 views3 pages
    This case discusses whether filing a motion to reduce bond stops the running of the period to appeal a labor arbiter's decision. The Supreme Court ruled that (1) filing such a motion and posting a reasonable bond stops the period to appeal, and the NLRC can rule on the motion even after the 10-day appeal period; (2) if the motion is granted, the appeal is perfected, but if denied the appellant can still file a motion for reconsideration; and (3) since the appellant in this case filed the motion and posted bonds, even if partial at first, their appeal was properly perfected when the NLRC granted reconsideration. The Court therefore denied the petition and affirmed the lower court's

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    Garcia v. KJ Commercial

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    This case discusses whether filing a motion to reduce bond stops the running of the period to appeal a labor arbiter's decision. The Supreme Court ruled that (1) filing such a motion and posting a reasonable bond stops the period to appeal, and the NLRC can rule on the motion even after the 10-day appeal period; (2) if the motion is granted, the appeal is perfected, but if denied the appellant can still file a motion for reconsideration; and (3) since the appellant in this case filed the motion and posted bonds, even if partial at first, their appeal was properly perfected when the NLRC granted reconsideration. The Court therefore denied the petition and affirmed the lower court's

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    198 views3 pages

    Title Garcia v. KJ Commercial: G. R. No. 196830

    Uploaded by

    Rochelle Joy Solis
    This case discusses whether filing a motion to reduce bond stops the running of the period to appeal a labor arbiter's decision. The Supreme Court ruled that (1) filing such a motion and posting a reasonable bond stops the period to appeal, and the NLRC can rule on the motion even after the 10-day appeal period; (2) if the motion is granted, the appeal is perfected, but if denied the appellant can still file a motion for reconsideration; and (3) since the appellant in this case filed the motion and posted bonds, even if partial at first, their appeal was properly perfected when the NLRC granted reconsideration. The Court therefore denied the petition and affirmed the lower court's

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    © All Rights Reserved
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    TITLE G. R. No.

    196830

    Garcia v. KJ Commercial

    PONENTE: Carpio, J. DATE:

    February 29, 2012

    DOCTRINE:

    Section 2, Article I of the Rules of Procedure of the NLRC states: These Rules shall be liberally
    construed to carry out the objectives of the Constitution, the Labor Code of the Philippines and
    other relevant legislations, and to assist the parties in obtaining just, expeditious and
    inexpensive resolution and settlement of labor disputes. In order to give full effect to the
    provisions on motion to reduce bond, the appellant must be allowed to wait for the ruling of the
    NLRC on the motion even beyond the 10-day period to perfect an appeal. If the NLRC grants
    the motion and rules that there is indeed meritorious ground and that the amount of the bond
    posted is reasonable, then the appeal is perfected. If the NLRC denies the motion, the
    appellant may still file a motion for reconsideration as provided under Section 15, Rule VII of the
    Rules. If the NLRC grants the motion for reconsideration and rules that there is indeed
    meritorious ground and that the amount of the bond posted is reasonable, then the appeal is
    perfected. If the NLRC denies the motion, then the decision of the labor arbiter becomes final
    and executory.

    FACTS:

    KJ Commercial (KJC) is a sole proprietorship which owns trucks and engages in the business
    of distributing cement products. On different dates, KJC employed as truck drivers and truck
    helpers herein petitioners Cesar Garcia, Carlos Razon, Alberto De Guzman, Tomas Razon,
    Omer Palo, Rizalde Valencia, Allan Bbasa, Jessie Gacia, Juanito Paras, Alejandro Orag,
    Rommel Pangan, Ruel Soliman, and Cenen Canlapan.

    On Jan. 2, 2006, Garcia, et al. demanded for a P40 daily salary increase. To pressure KJC to
    grant their demand, they stopped working and abandoned their trucks at Northern Cement Plan
    Station in Sison, Pangasinan.

    On Feb. 3, 2006, Garcia, et al. filed with the LA a complaint for illegal dismissal, underpayment
    of salary, and non-payment of SIL and 13th month pay.

    LA held that KJC illegally dismissed Garcia, et al. KJC appealed to the NLRC. It filed a motion
    to reduce bond and posted a P50,000 cash bond.

    NLRC ruled on March 9, 2009, the NLRC dismissed the appeal. KJC filed an MR and posted a
    P2,562,930 surety bond.

    On Feb. 8, 2010, the NLRC granted the motion and set aside the LA’s decision. Garcia, et al.
    filed an MR which was denied on June 25, 2010.

    CA ruled on April 21, 2011, the CA affirmed the NLRC’s decision. Hence, this petition for review
    on certiorari.

    ISSUE/S

    Whether or not the motion to reduce bond stop the running of the period to appeal?

    RULING

    Yes. KJC’s filing of a motion to reduce bond and delayed posting of the P2,562,930 surety bond
    did not render the LA’s decision final and executory.

    The Rules of Procedure of the NLRC allows the filing of a motion to reduce bond subject to two
    conditions:

    1. There is meritorious ground; and

    2. A bond in a reasonable amount is posted.

    The filing of a motion to reduce bond and compliance with the two conditions stop the running
    of the period to perfect an appeal. The NLRC has full discretion to grant or deny the motion to
    reduce bond,21 and it may rule on the motion beyond the 10-day period within which to perfect
    an appeal. Obviously, at the time of the filing of the motion to reduce bond and posting of a
    bond in a reasonable amount, there is no assurance whether the appellants motion is indeed
    based on meritorious ground and whether the bond he or she posted is of a reasonable
    amount. Thus, the appellant always runs the risk of failing to perfect an appeal.

    Section 2, Article I of the Rules of Procedure of the NLRC states: These Rules shall be liberally
    construed to carry out the objectives of the Constitution, the Labor Code of the Philippines and
    other relevant legislations, and to assist the parties in obtaining just, expeditious and
    inexpensive resolution and settlement of labor disputes. In order to give full effect to the
    provisions on motion to reduce bond, the appellant must be allowed to wait for the ruling of the
    NLRC on the motion even beyond the 10-day period to perfect an appeal. If the NLRC grants
    the motion and rules that there is indeed meritorious ground and that the amount of the bond
    posted is reasonable, then the appeal is perfected. If the NLRC denies the motion, the
    appellant may still file a motion for reconsideration as provided under Section 15, Rule VII of the
    Rules. If the NLRC grants the motion for reconsideration and rules that there is indeed
    meritorious ground and that the amount of the bond posted is reasonable, then the appeal is
    perfected. If the NLRC denies the motion, then the decision of the labor arbiter becomes final
    and executory.

    KJ Commercial filed a motion to reduce bond and posted a P50,000 cash bond. When the
    NLRC denied its motion, KJ Commercial filed a motion for reconsideration and posted the full
    P2,562,930 surety bond. The NLRC then granted the motion for reconsideration.

    Furthermore, KJ Commercial showed willingness to post a partial bond. In fact, it posted a


    P50,000 cash bond. Also, KJ Commercial immediately posted the full amount of the bond when
    it filed its motion for reconsideration of the NLRC’s decision.

    The petition was denied. CA decision was affirmed.

    DISPOSITIVE PORTION:

    WHEREFORE, the Court DENIES the petition and AFFIRMS the 29 April 2011 Decision of the Court of Appeals
    in CA-G.R. SP No. 115851.|||

    ROCHELLE

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