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A monetary award of Php5 Million was adjudged by the Labor Arbiter against Edwin's employer

representing Edwin's backwages and separation pay. Due to the huge award, Edwin's employer

thought of filing a motion to reduce bond.

It shall be noted that Article 223 of the Labor Code expressly provided that;

ART. 223. Appeal. Decisions, awards, or orders of the Labor Arbiter are final and executory

unless appealed to the Commission by any or both parties within ten (10) calendar days from

receipt of such decisions, awards, or orders. x x x. In case of a judgment involving a monetary

award, anappeal 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 Commission

in the amount equivalent to the monetary award in the judgment appealed from.

This is further supported by 2011 NLRC Rules of Procedure which provides that;

Section 6. Bond- In case the decision of the Labor Arbiter or the Regional Director involves a

monetary awrd, an appeal by the employer may be perfected only upon posting of a bond xxxxx

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 procedure with regard to the filing of a motion to reduce bond is therefore only limited to

the exception that there should be meritorious ground, and, upon filing of a motion to reduce

bail. As settled in the case of Garcia et.at, vs. KJ Commercial,

Reduction of Bond is discretionary power but that discretionary power is not

unbridled and is subject to strict guidelines as set forth in several decisions of the

Supreme Court. The reduction of the appeal bond must be reasonable and must be

restricted to justiable cases. Thus without proof and on the mere allegation that

the decision sought to be appealed is purportedly erroneous in fact or in law would

be inade!uate. "ere motion to reduce appeal bond cannot serve to mitigate the

appeal bond re!uirement nor could the allegation that the monetary award was too

large or too harsh or unfounded or unsettled be proper grounds to reduce the

appeal bond. #ven if the monetary award to be paid as appeal bond runs

into millionsor billionsof pesos this does not automatically give the employer$

appellant a meritorious case% to reduce the appeal bond.%

Thus, considering that in the case at bar, it is not specifically stated that there is a meritorious

ground to reduce the bond, then the motion to reduce bond cannot prosper. And, the only way

that Edwins employer can do is to file the appropriate bond upon complying with the requisites

of filing a bond.

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