SECOND DIVISION
[G.R. No. 203524. January 23, 2013.]
JOSEPH ALVARO V. SORIANO, CHRISTIAN BALBANERA, DANTE G. AURELIO, OLYMPIO CALIMPONG, JR., ET AL., petitioners, vs. THE MANILA HOTEL CORPORATION, ETC. AND SECRETARY OF DEPARTMENT OF LABOR AND EMPLOYMENT, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 23 January 2013 which reads as follows:
G.R. No. 203524 (Joseph Alvaro V. Soriano, Christian Balbanera, Dante G. Aurelio, Olympio Calimpong, Jr., et al. v. The Manila Hotel Corporation, etc. and Secretary of Department of Labor and Employment).
After a judicious perusal of the records, this Court resolves to AFFIRM the March 14, 2012 Decision 1 and September 19, 2012 Resolution 2 of the Court of Appeals (CA) in CA-G.R. SP No. 108137 and DENY the instant petition for failure of petitioners to sufficiently show that the CA committed any reversible error in finding that there was no grave abuse of discretion on the part of the Secretary of Labor (Secretary) in giving due course to respondent Manila Hotel's motion for reconsideration, which the Secretary treated as an appeal conditioned on the posting of the proper amount of supersedeas bond.
Section 2, Rule V of the Rules on the Disposition of Labor Standard Cases of the Department of Labor and Employment (DOLE) gives wide latitude to both the Regional Director and the Secretary of Labor in the approval of supersedeas bonds filed before them, either before perfection or pending appeal. In this case, records show that respondent perfected its appeal when it validly posted its supersedeas bond on November 26, 2007, within the 10-day period from its receipt of the DOLE's order on November 19, 2007, even without the certified true copies of the proof of security deposit or collateral. Moreover, and as the CA correctly held, the DOLE's jurisdiction is separate and distinct from the National Labor Relations Commission's (NLRC). As such, the rules of procedure observed by the NLRC do not apply in cases cognizable by the Secretary. (Brion, J., on leave. Leonen, J., designated Additional Member per Special Order No. 1408 dated January 15, 2013.) TCASIH
SO ORDERED.
Very truly yours,
(SGD.) MA. LOURDES C. PERFECTODivision Clerk of Court
Footnotes
1.Rollo, pp. 132-153. Penned by Associate Justice Sesinando E. Villon, with Presiding Justice Andres B. Reyes, Jr. and Associate Justice Amy C. Lazaro-Javier, concurring.
2.Id. at 159.