Scribd
Upload
301 views1 page

Pro Health

Employers appealing illegal dismissal cases must file an appeal bond. However, substantial compliance can allow flexibility. Petitioners filed complaints against their employer ProHealth for illegal dismissal and other claims. The labor arbitrator and commission ruled for the petitioners. ProHealth appealed but petitioners argued the appeal was not perfected as the bond filed did not appear in the insurer's records. The Court ruled ProHealth substantially complied by paying the bond premium and providing documents showing the insurer was legitimate. Though the bond could not be collected on, the purpose of ensuring payment was still fulfilled when the amount was garnished from ProHealth's accounts. Substantial compliance can perfect an appeal even if the bond is not genuine.

Uploaded by

Kit Champ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
301 views1 page

Pro Health

Employers appealing illegal dismissal cases must file an appeal bond. However, substantial compliance can allow flexibility. Petitioners filed complaints against their employer ProHealth for illegal dismissal and other claims. The labor arbitrator and commission ruled for the petitioners. ProHealth appealed but petitioners argued the appeal was not perfected as the bond filed did not appear in the insurer's records. The Court ruled ProHealth substantially complied by paying the bond premium and providing documents showing the insurer was legitimate. Though the bond could not be collected on, the purpose of ensuring payment was still fulfilled when the amount was garnished from ProHealth's accounts. Substantial compliance can perfect an appeal even if the bond is not genuine.

Uploaded by

Kit Champ
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 1

14. Malcaba v. ProHealth Pharma Philippines, Inc., G.R. No.

209085, (June 6, 2018)

Doctrine: In appeals of illegal dismissal cases, employers are strictly mandated to file an appeal bond to
perfect their appeals. Substantial compliance, however, may merit liberality in its application.

Facts: Petitioners Malcaba, Adona, Nepomuceno, and Palit-Ang were employed as the President,
Marketing Manager, Business Manager, and Finance Officer of ProHealth respectively. The petitioners filed
complaints for illegal dismissal, nonpayment of salaries and 13th month pay, damages, and attorney's fees.

The LA and NLRC ruled in favor of the petitioners. ProHealth moved for reconsideration before the NLRC
but the same was denied. ProHealth then filed a Petition for Certiorari before the CA. The CA reversed the
NLRC’ decision. Petitioners argue that the CA should have dismissed outright the Petition for Certiorari
since respondents failed to post a genuine appeal bond before the NLRC as the bond the filed did not
appear in the records of Alpha Insurance.

Issue: Whether or not ProHealth failed to perfect their appeal when it was discovered that their appeal
bond was not genuine

Ruling: ProHealth substantially complied with the requirement of an appeal bond. In this instance, the
NLRC certified that ProHealth filed a security deposit in the amount of P6,512,524.84 under Security Bank
check no. 45245 showing that the premium for the appeal bond was duly paid and that there was willingness
to post it. Respondents likewise attached documents proving that Alpha Insurance was a legitimate and
accredited bonding company.

Despite petitioners’ failure to collect on the appeal bond, they do not deny that they were eventually able to
garnish the amount from respondents' bank deposits. This fulfills the purpose of the bond, that is, to
guarantee the payment of valid and legal claims against the employer. Thus, respondents are considered
to have substantially complied with the requirements on the posting of an appeal bond.

While the procedural rules strictly require the employer to submit a genuine bond, an appeal could still be
perfected if there was substantial compliance with the requirement.

You might also like