Dear Atty. Kathy,

My father won his illegal dismissal case against his former employer. In the decision, the labor arbiter’s only award is separation pay in favor of my father. After a couple of weeks, my father received a copy of the former employer’s appeal, where the latter posted a bond equivalent to the amount of the separation pay. My father really needs the money now for his medication. Can he already ask the labor arbiter to release the bond to him?

Patricia

***

Dear Patricia,

Rule VI, Section 9 of the 2011 NLRC Rules of Procedure, As Amended, provides that without prejudice to immediate reinstatement pending appeal, once an appeal is filed, the Labor Arbiter loses jurisdiction over the case.

Based solely on your narration of facts, it appears that the former employer already filed an appeal. If said appeal was properly filed or duly perfected, in accordance with the 2011 NLRC Rules of Procedure, the Labor Arbiter no longer has jurisdiction over the instant case.

Further, Article 229 of the Labor Code provides that the decision of the Labor Arbiter reinstating a separated employee, insofar as the reinstatement aspect is concerned, shall be immediately executory, even pending appeal. In addition, Rule XI, Section 3 of the 2011 NLRC Rules of Procedure provides that the perfection of an appeal shall stay the execution of the decision of the Labor Arbiter except execution for reinstatement pending appeal.

Based on the facts you gave, it is noted that there is no order of reinstatement in the decision of the Labor Arbiter. Thus, no aspect nor portion of the Labor Arbiter’s decision can be executed while the appeal is pending, particularly the monetary award for separation pay. In sum, your father cannot ask for the release of the bond to him while the former employer’s appeal is still ongoing.

Atty. Kathy Larios