G.R. No. 109835, November 2, 1993
Facts:
NLRC dismissed JMM Promotions and Management, Inc.’s appeal in the ground of failure to post the require appeal bond un accordance with Article 223 of the Labor Code and Rule VI Section 6 of the new rules of procedure of the NLRC, which provides:
Article 223. In a case of a judgment involving monetary award, an appeal of the employer may be perfected only upon the posting of cash or surety bond issued by a reputable bonding company duly accredited by the commission in the amount equivalent to the monetary award in the judgment appealed from
Section 6. Bond – In case the decision of a labor arbiter involves a monetary award, an appeal by the employer shall be perfected only upon the posting of a cash or surety bond issued by a reputable bonding company duly accredited by the commission or Supreme Court in an amount equivalent to the monetary award
The petitioner insists that the appeal bond is not necessary for it already paid a license fee of P30,000.00, a cash bond of P100,000.00 and a surety bond of P50,000.00 as required under section 4, rule II, book II of the POEA Rules. Also, the petitioner paid P200,000.00 in compliance with section 17, rule II, Book II of the POEA Rules, as escrow.
Issue:
Whether or not petitioner is required to post an appeal bond?
Held:
YES, the rules are clear, in interpretating a statute, care should be taken that every part thereof be given effect.
In addition to the amount paid by the petitioner, an appeal in an amount equivalent to the monetary award is required to perfect an appeal from a decision provided.
In Statutory Construction, construction that would render a provision inoperative should be avoided and inconsistent provisions should be reconciled whenever possible as parts of harmonious whole. We find that section 6 compliments section 4 and section 17.
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