A Labor Arbiter's decision is not the end of a labor case, but the window for challenging it is short and the mechanics are unforgiving — appeals are lost on the mechanics more often than on the merits. The appeal goes up to the Commission, and where the decision carries a monetary award, an employer's appeal only comes alive when a bond covering the award is posted. Miss a requisite and the decision becomes final while the papers are still being fixed. This page walks through the appeal period, the grounds an appeal may invoke, the requisites for perfecting it, the bond and the narrow room to reduce it, what happens once the appeal is filed, and the route onward to the courts if the Commission itself gets it wrong.
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Count the ten-day appeal period from receipt of the decision
Under Rule VI of the 2011 NLRC Rules of Procedure, decisions, awards, or orders of the Labor Arbiter become final and executory unless appealed to the Commission by any or both parties within ten (10) calendar days from receipt. For decisions or resolutions of the DOLE Regional Director under Article 129 of the Labor Code, the period is five (5) calendar days from receipt. If the tenth or fifth day falls on a Saturday, Sunday, or holiday, the last day to perfect the appeal is the first working day following. The period is calendar days, not working days, and no motion or request for extension of the period to perfect an appeal is allowed.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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Ground the appeal on one of the four recognized grounds
The appeal may be entertained only on any of the following grounds: prima facie evidence of abuse of discretion on the part of the Labor Arbiter or Regional Director; that the decision, award, or order was secured through fraud or coercion, including graft and corruption; that the appeal is made purely on questions of law; or that serious errors in the findings of facts are raised which, if not corrected, would cause grave or irreparable damage or injury to the appellant. A memorandum of appeal should say which of these it invokes and argue it — an appeal that simply re-litigates the case without anchoring itself to a ground invites dismissal.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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File in the right place: the arbitration branch of origin
The appeal is filed with the Regional Arbitration Branch or Regional Office where the case was heard and decided — not directly with the Commission. The office of origin receives the appeal, and the records of the case are then transmitted from that office up to the Commission. Filing in the wrong office is a self-inflicted wound on a deadline this short, so the memorandum should go back to the same branch that issued the decision being challenged.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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Perfect the appeal: every requisite, within the period
To be perfected, the appeal must be filed within the reglementary period; verified by the appellant; in the form of a memorandum of appeal stating the grounds relied upon, the arguments in support, the relief prayed for, and the date the appellant received the appealed decision; and in three legibly typewritten or printed copies. It must be accompanied by proof of payment of the required appeal fee and legal research fee, posting of the cash or surety bond where one is required, and proof of service on the other parties. A mere notice of appeal without the other requisites does not stop the running of the period — the incomplete filing is treated as if the period simply kept running.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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Post the appeal bond if the decision carries a monetary award
Where the decision of the Labor Arbiter or the Regional Director involves a monetary award, an appeal by the employer may be perfected only upon the posting of a bond, in the form of a cash deposit or surety bond equivalent in amount to the monetary award, exclusive of damages and attorney's fees. A surety bond must be issued by a reputable bonding company duly accredited by the Commission or the Supreme Court, and must come with the required supporting documents, including a joint declaration under oath by the employer, counsel, and the bonding company that the bond is genuine and effective until final disposition of the case. The bond stays valid from posting until the case is finally decided, resolved, terminated, or the award satisfied.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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If the bond is too heavy: the motion to reduce, and its trap
No motion to reduce bond shall be entertained except on meritorious grounds, and only upon the posting of a bond in a reasonable amount in relation to the monetary award. The trap is in the timing: the mere filing of a motion to reduce bond, without complying with those requisites, does not stop the running of the period to perfect the appeal. An employer who files a bare motion to reduce and waits for a ruling can watch the appeal period expire in the meantime. The safer course is to post the reasonable partial bond together with the motion, within the original period.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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Know what filing the appeal changes — and what it does not
Once an appeal is filed, the Labor Arbiter loses jurisdiction over the case, and all further pleadings and motions in the appealed case are addressed to and filed with the Commission. The records are transmitted by the branch of origin to the Commission within forty-eight hours after the filing. The appellee may file an answer or reply to the memorandum of appeal within ten (10) calendar days from receipt of it; failing that, the reply may be deemed waived. One thing the appeal does not suspend: this is all without prejudice to immediate reinstatement pending appeal, so a reinstatement order continues to operate while the appeal is being resolved. On the merits, the Commission limits itself to the specific issues elevated on appeal.
The 2011 NLRC Rules of Procedure (as amended), RULE VI. Read the source →
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After the Commission decides: one motion for reconsideration
A party aggrieved by the Commission's decision, resolution, or order has one internal remedy left. A motion for reconsideration is entertained only when based on palpable or patent errors, provided it is filed within ten (10) calendar days from receipt of the decision, resolution, or order, with proof that a copy was served on the adverse party within the reglementary period. Only one such motion from the same party is entertained. This motion is not optional formality — the route to the courts that follows presupposes that the tribunal was first given the chance to correct itself.
The 2011 NLRC Rules of Procedure (as amended), MOTIONS FOR RECONSIDERATION. Read the source →
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The onward route: a Rule 65 petition to the Court of Appeals
A party who contends that the Commission acted without or in excess of its jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and who has no appeal or other plain, speedy, and adequate remedy, may file a verified petition for certiorari under Rule 65 of the Rules of Court. Where the petition involves an act of a quasi-judicial agency, it is filed with and cognizable only by the Court of Appeals. The petition must be filed not later than sixty (60) days from notice of the judgment, order, or resolution — and where a motion for reconsideration was timely filed, not later than sixty (60) days counted from notice of the denial of that motion. It must be accompanied by a certified true copy of the assailed issuance, the relevant pleadings, and a sworn certification of non-forum shopping.
2019 Rules of Civil Procedure, Rules 1-71 (as amended by A.M. No. 19-10-20-SC, eff. May 1, 2020), Rule 65. Read the source →