FACTS: Respondents were found to have underpaid their employees and did not pay the 13th month pay on a routine inspection conducted by DOLE. The regional director ordered the company to pay the deficiency. Subsequently, the NLRC affirmed the order. A waiver was signed by 108 of the workers where they reduced by half the amount that was due. DOLE approved the waiver saying that it was not contrary to law, good customs and public policy. Later, petitioner filed a motion for reconsideration alleging undue influence, coercion, intimidation and no assistance of counsel. The motion was denied. Eduardo Nietes, claiming that he represented the workers, filed a position paper with the same argument. The NLRC dismissed the case for failure to acquire jurisdiction. He again filed an appeal but the appeal was denied for being filed out of time. The appeal was filed 9 days late along with the appeal fee and research fee.
ISSUE: Whether or not the appeal was filed out of time.
HELD: The Court ruled that the appeal was filed out of time. The perfection of an appeal within the reglementary period and in the manner prescribed by law is mandatory and jurisdictional. Non-compliance renders the judgment appealed final and executory. An appeal is perfected when there is proof of payment of the appeal fee and in cases of the employer appealing and there is a monetary award, payment of the appeal bond. A mere notice of appeal without complying with the other requisites shall not stop the running of the period for perfecting as appeal. Sometimes though, in the interest of justice, late appeals have been allowed. An instance is a class suit. In this case there is no evidence that there is no a class suit. There is no evidence that the workers chose Nietes to represent them. There is no showing that the workers are joined by a common interest. As there is no basis to invalidate the waiver the workers signed, the waiver is valid.
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