Appeals Flashcards
Nlrc, court of appeals and supreme court decided a case with reinstatement, is it self executory?
No. There is a need to secure a writ of execution from the labor arbiter to enforce.
Is reinstatement pending appeal self executory?
If from labor arbiters order, YES!
If from appeal from the nlrc, ca and sc, NO
What are the two options of the employer for the order of reinstatement?
- Actual Reinstatement
2. Payroll Reinstatement
What is Actual Reinstatement?
Reinstated to his position which he occupies prior to his illegal dis issal under the same terms and conditions, or if no longer available, a substantially equivent position.
What is payroll reinstatement?
An employee is reinstated in the payroll without requiring him to report back to work.
When should an employer reinstate and employee from the order?
10 days
In case of an unfavorable decision from thr nlrc, what is your remedy?
Certiorari under rule 65 to the ca, and 45 in sc
What are the grouds to appeal the decision of the labor arbiter?
- Prima facie evidence of grave abuse of discreation of the labor arbiter
- Pure questions of law
- Serious error of the labor arbiter
- Decision is secured thru fraud or. Coercion, including graft and corruption
When is appeal perfected?
Upon: A) filed in the reglementary period B) payment of appeal and legal research fee C) filing of memorandum of appeal D) proof of service to the other party E) bond in case of monitary bond.
What is the effect of perfection of appeal?
Stay the execution and enforcement except reinstatement
What is the reglamentary period in case of appeal from the labor arbiter?
10 calendar days
In case of decisions of the dole director?
5 calendar days
When is the start of reglamentary period to appeal?
Upon receipt of such decisions by the counsel or representative on record
What are the prohibited motions in appeals?
Motion for extension of time of appeal, filing of memorandum or bond.
Should the memorandum of appeal be verified?
Yes!
Is the non service of a memorandum of appeal to the other party a jurisdictional defect?
No!
When do you post a bond on appeal?
In case of monetary award
What is the rule in reduction of bond?
A motion, filed within the reglamentary period, for reduction of bind with partial bond included
What is the coverage of the Bond
the Grant for Wages but not included atty.s fees and damages
