THIRD DIVISION
[G.R. No. 187365. February 11, 2013.]
ATERCULES MANPOWER SERVICES, INC., ET AL., petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, ET AL., respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution dated February 11, 2013, which reads as follows:
"G.R. No. 187365 (Atercules Manpower Services, Inc., et al. vs. National Labor Relations Commission, et al.). — The Court, after a review of the records, resolves to DENY the petition for lack of merit.
There was no error on the part of the National Labor Relations Commission (NLRC) when it dismissed the appeal of petitioners on the ground that the appeal bond posted by petitioners was insufficient. The dismissal of petitioners' appeal is consistent with the Court's ruling in Ramirez v. Court of Appeals, et al., 1 where it was held that while the appeal bond may be reduced upon motion by the employer, this is subject to the conditions that (1) the motion to reduce the bond shall be based on meritorious grounds; and (2) a reasonable amount in relation to the monetary award is posted by the appellant; otherwise, the filing of the motion to reduce bond shall not stop the running of the period to perfect an appeal. The qualification effectively requires that unless the NLRC grants the reduction of the cash bond within the 10-day reglementary period, the employer is still expected to post the cash or surety bond securing the full amount within the said 10-day period. CIAHDT
Therefore, the Court of Appeals committed no reversible error in upholding the Resolutions of the NLRC dated April 9, 2008 and July 1, 2008 dismissing the appeal of petitioners.
With respect to petitioner Elcid Marcelo Cayanga, who is a stockholder of petitioner Atercules Manpower Services, Inc., the Court, however, finds that he should not be made personally liable for the liabilities of said petitioner because there was no finding of malice or bad faith on his part. Lambert Pawnbrokers and Jewelry Corporation, et al. v. Binamira 2 tells us that "in the absence of malice and bad faith, a stockholder or an officer of a corporation cannot be made personally liable for corporate liabilities."
WHEREFORE, the petition is partly DENIED. The Decision dated March 30, 2009 of the Court of Appeals in CA-G.R. SP No. 105270 is AFFIRMED with modification that petitioner Elcid Marcelo Cayanga is exonerated from any liability from the complaint of private respondents.
SO ORDERED."
Very truly yours,
(SGD.) LUCITA ABJELINA SORIANODivision Clerk of Court
Footnotes
1.G.R. No. 182626, December 4, 2009, 607 SCRA 752, 765.
2.G.R. No. 170464, July 12, 2010, 624 SCRA 705, 719.