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Legal matters: Bond or no bond?

4 posters

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1Legal matters: Bond or no bond? Empty Legal matters: Bond or no bond? Wed Jul 18, 2012 11:58 pm

tribalsun


Arresto Menor

I filed a complaint before the NLRC years ago against my former employer for illegal dismissal with the help of a PAO lawyer. After several months or so the labor arbiter decided in favor of my former employer dismissing the case. My attorney then filed an appeal before the commission. A year later the commission gave the decision reversing the labor arbiter's decision with a monetary award. My former employer then filed a Motion for Reconsideration which in turn denied by the NLRC 8th Division.

My former employer is now seeking for writ of certiorary before the Court of Appeals.

Though I'm not a lawyer myself, per my understanding, to perfect an appeal the petitioner (my former employer) must post a bond or cash ( or surety ). Can you enlighten me on this?

Furthermore, if there is no bond made by my former employer am I entitled to seek a writ of execution to implement the 8th Division's decision?

I will look for your reply... Thanks.

2Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Thu Jul 19, 2012 12:32 am

ibonidarna

ibonidarna
Reclusion Perpetua

Check first if the period to file an appeal has already lapsed, if so get a certificate of finality of judgment, then go for writ of execution.

3Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Thu Jul 19, 2012 6:58 am

tribalsun


Arresto Menor

I believe the petion for certirary is in accordance with the reglementary period of sixty days. What I would like to know is the petition for certiorary requires a bond? If not, when should the posting a bond arise?

4Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Thu Jul 19, 2012 7:01 am

tribalsun


Arresto Menor

I believe the petition for certiorary is in accordance with the reglementary period of sixty days. What I would like to know is the petition for certiorary requires a bond? If not, when or where should the posting a bond arise?

5Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Sat Jul 21, 2012 1:09 pm

attyLLL


moderator

no bond is necessary, but you can request for execution of the award already.

note however, if CA or SC reverses the nlrc, then you have to pay back what you received, if any.

https://www.facebook.com/BPOEmployeeAdvocate/

6Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Sun Jul 22, 2012 10:44 am

tribalsun


Arresto Menor

Can i still request for a writ of execution pending CA court mediation?

7Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Sun Jul 22, 2012 10:53 am

attyLLL


moderator

yes

https://www.facebook.com/BPOEmployeeAdvocate/

8Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Sun Jul 22, 2012 2:10 pm

tribalsun


Arresto Menor

Got it.
This site is awesome!
Thanks so much!

9Legal matters: Bond or no bond? Empty Re: Legal matters: Bond or no bond? Sun Jul 22, 2012 2:38 pm

k92b


Arresto Menor

Hi, I hope I've got the right forum. Anyways, I would like to know how long can a company terminates an employee if the employee has no call no show after signing a contract?

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