FIRST DIVISION
[G.R. No. 238760. August 8, 2018.]
AKTUS SALES INTERNATIONAL, INC. AND NEIL SISON, REPRESENTED BY CHARLETE KARL LABRADOR, 1petitioners,vs. JAIME RIVA, GERALD CHIQUITO, ARNEL EMPERADO, JUNIE MAQUILAN, NORA BITUIN, NORMAN CALUMBRA, ALMA TIZON, DARIO TIZON, HELBERT MINDORO, EMMA ALPIDES, BENJIE MARANTES, RIZA TIZON, AND REYMAR MINDORO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedAugust 8, 2018which reads as follows: HTcADC
"G.R. No. 238760 — Aktus Sales International, Inc. and Neil Sison, represented by Charlete Karl Labrador,Petitioners, v. Jaime Riva, Gerald Chiquito, Arnel Emperado, Junie Maquilan, Nora Bituin, Norman Calumbra, Alma Tizon, Dario Tizon, Helbert Mindoro, Emma Alpides, Benjie Marantes, Riza Tizon, and Reymar Mindoro, Respondents.
Acting on petitioners' Motions for Extension of Time to File Petition for Review on Certiorari, the Court resolves to GRANT them a total period of thirty (30) days from the expiration of the reglementary period on May 9, 2018 within which to file their petition. Moreover, petitioners' Manifestation and Motion dated June 13, 2018 is NOTED.
Considering the allegations, arguments, and issues raised in this Petition for Review on Certiorari, the Court resolves to DENY the same for failure to show that the Court of Appeals (CA) in CA-G.R. SP No. 133078 committed any reversible error in ruling that the Secretary of the Department of Labor and Employment (DOLE) did not commit grave abuse of discretion in dismissing the appeal for failure of petitioners to post the required appeal bond.
Pursuant to Article 128 (b) of the Labor Code, an appeal from the order of the authorized representative of the DOLE Secretary (Regional Director) may be filed with the latter. In case the order involved a monetary award, the appeal is perfected only upon posting of the required cash/surety bond. Here, petitioners failed to post an appeal bond. As such, their appeal was not perfected, and consequently, the DOLE Secretary properly dismissed the same.
ACCORDINGLY, the Court resolves to AFFIRM the assailed November 24, 2017 Decision and April 10, 2018 Resolution of the Court of Appeals in CA-G.R. SP No. 133078. aScITE
Respondent Honorable Secretary of the Department of Labor and Employment is DELETED as party respondent pursuant to Section 4, 2 Rule 45 of the Rules of Court.
SO ORDERED."Leonardo-De Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Jardeleza, J., no part; Bersamin, J., designated Additional Member per Raffle dated August 6, 2018; Gesmundo, J., designated as Acting Member of the First Division per Special Order No. 2560 dated May 11, 2018.
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court
Footnotes
1.Rollo, pp. 13, 24-25.
2. Section 4. Contents of Petition. — The petition shall be filed in eighteen (18) copies, with the original copy intended for the court being indicated as such by the petitioner, and shall (a) state the full name of the appealing party as the petitioner and the adverse party as respondent, without impleading the lower courts or judges thereof either as petitioners or respondents x x x.