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NOTICE OF DEICSION - Order.Resolution
NOTICE OF DEICSION - Order.Resolution
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Respondents.
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NOTICE OF DECISION/ORDER/RESOLUTION
G R E E T I N G S:
Pursuant to Articles 223 of the Labor Code, as amended, and under Section I, Rule VI of 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, xxx.”²
The decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the
reinstatement aspect is concerned, shall immediately executory, even pending appeal. The employee shall
either be admitted back to work under the same terms and conditions in the prevailing prior to his dismissal or
separation or, at the option of the employer, merely reinstated in the payroll. The employer is likewise directed to
submit a report of compliance within ten (10) calendar days from receipt of the DECISION/ORDER.
The posting of a bond by the employer shall not stay the execution for reinstatement.
Appeal must be filed within ten (10) calendar days from receipt of the decision award or order of the
Labor Arbiter;
Verified by the appellant himself/herself in accordance with Section 4, Rule 7 of the Rules of Court as
amended;
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 or award;
Proof of payment of the required appeal fee and legal research fee;
Posting of cash or surety bond equivalent in amount to the monetary award, exclusive of damages and
attorney’s fees;
Joint declaration under oath by the employer, his/her counsel and bonding company,
attesting that the bond posted is genuine and shall be in effect until final disposition of
the case;
Proof of security deposit or collateral securing the bond; provided, that a check shall not
be considered as an acceptable security;
FAILURE TO COMPLY WITH ALL OF THE ABOVE REQUIREMENTS WILL RESULT IN THE
DISMISSAL OF THE APPEAL FOR NON-PERFECTION.