The Supreme Court reiterated the following rule:
The perfection of an appeal of the Order of the Regional Director involving a monetary award in cases which concern the visitorial and enforcement powers of the Secretary of the Department of Labor and Employment is subject to the requirements prescribed under Article 128, to wit:
Art. 128. Visitorial and Enforcement Power. — x x x
An order issued by the duly authorized representative of the Secretary of Labor and Employment under this article may be appealed to the latter. In case said order involves a monetary award, an appeal by the employer may be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the Secretary of Labor and Employment in the amount equivalent to the monetary award in the order appealed from.1Emphasis supplied.
The Court explained that the jurisdiction of the National Labor Relations Commission is separate and distinct from that of the Secretary of Labor and Employment. In the exercise of their respective jurisdictions, each agency is governed by its own rules of procedure. The rules of procedure of the Commission are thus different from (and do not apply in) cases cognizable by the Secretary of the Department of Labor and Employment.
The Court added that unlike the 2011 NLRC Rules of Procedure, as amended, no provision in the Rules on the Disposition of Labor Standards Cases governs the filing of a motion for the reduction of the amount of the bond. However, on matters that are not covered by the Rules on the Disposition of Labor Standards Cases, the suppletory application of the Rules of Court (and not the 2011 NLRC Rules of Procedure, as amended) is authorized. In this regard, the Department of Labor and Employment has no authority to accept an appeal under a reduced bond.
Further reading:
- Blazing Star Security and Investigation Agency, Inc. v. Miraflor, G.R. No. 196022, January 22, 2020.
