Lago RELATIONS ‘on wt eet BP Se ng Narionn a: A, balan ; eet avor Arbiter SppCUITN fel g APPEARANCES.—a) lower tg, Dec te TENTS OF DECISION, authorized for that pose sumed 10 be Properly TON $8 ds of he Labor ayy shall indicate in hishor pleadings, sear tne st ons al ge and shall ing) hisiher Attomey's Rol Tre a a ects ofthe gute a PTR and BP numbers for aa 5 we 98 ison ibe f eS forthe current year and Her stoner opcabe las oF ru q MCLE compliance, : isves inoved hg reasons therefor; ang q ©) A con-lawyer may appear in any of the conausions Bay or relief granted. In casa) Proceadings before the Labor ‘Arbiter or fic Gaiect ary awards, the decision, o. Commission only under the folowing conditions: imal, OPT Spor Abie Shall Contain ot (1) halshe represents himselinerset as party ers of to the case mount awarded 3p Foor ine decision of the Labor Arp, (2) ‘holshe represents a legitimate labor in case the Goer reinstatement, it shat organization, as defined under Article 212 aed inouaes 20 O° "statement that tet 242 of the Labor Code, as amended, which ikewise comet ect is immediately executor 2 party to the case: Provided, that he/she reinstatement 35PFr tne employer to submit Presents to the Commission or Labor Arbiter tb) a arc nin tan (10) cal’ during the mandatory conference or intial report of comple said decision. (14a) hearing: (i) a certification from the Bureau of ere rem rece Labor Relations (BLR) or Regional Office of for Reconsideration and Petitions fo, the Department of Labor and Employment 20, No Motions fo | attesting that the organization he/she Relief om Judgment! Fepresents is duly registered and listed in the 728, Appearances and Fees Toster of legitimate labor organizations; (i) @ wt Appearances and Fees.—(a) verified certification issued by the secretary ART. 228. [222] API appear before the and attested to by the president of the said Nonanyers may 2PPe er oniye organization stating that helshe is authorized Commission or any Lal to represent the said organization in the said 55 OF case; and (ii) a copy of the resolution of the 4. If they represent themselves board of di f the sai ization By eay ees iat nization or rd of directors. of the said organizator granting him such authority: (3) he/she represents a member or members 1.0. Appearance of Non-lawyers: of a legitimate labor organization that is existing within the employer's establishment, members thereof.Lagor RELATIONS 6 : sro pts 12 2 C86: Po Woene presents Cy 2 seed ms ates et per 1 FTESEN then Sy ime oT yetiedcortiiain gg atest 10 by the pret siatig that pero is. represening en a hefsenization which is), slain cane "a in meee is ay 279ded MEME gy (4) nee fee recognized BY the Depanyel) legal 2d arated Bat Of the Phiing Justee at neshe (i) PTESents root Proier crtation; and (i) epresen, party to the case: pane i the owe OF president oot ny to the case! represent Said COFporation * Proved, that Plshe presen! a verified o2 ° Fipeaton attesting that heighe authorized Mand (i) 2 copy of he reso Re OU counsel or authorized representaive properly notified representative shall fie a noice of such change copy furnished the adverse party and counsel of representative, f any ) Any change or withdrawal of counsel of authorized representative shall be in accordance with the Rules of Cour. (Ba) 2.0. Change of Lawyer €) upon writen applicatin ) upon writen consent ofthe client ©) upon written consent of the attomey tobe substituted; and 4) in case the consent of attomey to bbe substituted cannot be obtained, there must be atleast a proof of notice that the motion for suostitution has bbeen served upon him in the manner ee ent esol arg of arectrs of Said Corporate, prescribed by the rules (Section 28, oe ar esoution or instTument ssueg Presets ae mietchment, gfaning himher suet said est 3.0. Authority to Bind Party — Lawyers appearing in authoriy behalf of their cients must be amed with a Special Power of Attomey in order to bind ther respective client es of a nor-lawyer in contravention g, it the latter is not around duing the mandatory <) Aaron shall not be recognized in an Oe ee re tne Labor Arbiter or tr, preliminary conference Eanmsson 40. Attorney's Fees, Negotiation Fee For Services 4) Appearances may be made orally orn writing. I Rendered by Union Officers both cases, the complete name and office address 4, Attorney's Fee Collectible Only from of counsel or authorized representative shall be Union Funds. frage of record and the adverse party or hisRELATIONS tiation Fee. Maring mays FeetNe0 45763, July 7, 2009, a1, attorey 6 No. fa et a states psticle 2221 ban fees, negotiation fees (a) No atomeyS kind rising trom similar COTES Caiing negotiations °¥ or jective lecve agreement shay coreison fe Mpdvidual Member of ye don a) provided, however, po charged against ing! foes mm tobe agreed upon by 4 amour tract. agreement any sort to the contrary snot parngement of be ull and voi. (a) ead: et assessment OF othe, n) may be levied upon the Sirius 8) td on members Sy a written resolution of a major authorized Py pers at a general membership of a they alled for the purpose. The meeting er tne organization shall record the minutes Coresent, the votes cast, the purpose members Prial assessment of fees and the ‘eco atstd fy the president ‘And Astce 241(0) provides: for mandatory activites under fees, negotation fees or any other extraordinary fees may be checked off from Sry amount due to an employee without an | NATIONAL Lago OR RELATION: Commssion ONS 1 individual writen aur i the employee. The "Alon duly signed by Specialy sate the ,2UPOteaton hod beneficiary of the deduction," PUPO8e and ‘Anil 2221 amended. Chbts te paatt, 28, a8 fees only when it ig ark atomey's Hence, the general ia mn, negotiation tees, and other a Tey’ feos, may only be collected from yim charges zation dul Court has acknowiedged, the system of check, off is primarily for the benefit ofthe Union and only indirectly, forthe individual employees, “The Court finds that, inthe instant case, the 42 milion economic benefits. package granted by UST did not constitute union funds 4RELATIONS 2 milion Ould have be, ton wit 8 SONS oes re Pe ray deducted pefis on en coo ee Ces but fora ne fend 8 paoring unt USreG a ce . represented, MENA" cose reading of ‘somers of UOT cae thal ae. _ of he ing obligations reat 8 2280 or sclera 1086 COA Me Bet paz milion Was (Oe oF the. collec Covers Ny nes lary increz tt lh naa wn Nee gun ne OT OF SAN Mette rawr neealzaton, edveatonal, ang increases im refs, and other economic retirement, "gpaucton ofthe P42 milo, 35 bonefis. The Ovslagency fees, from ihe Big alleged ne benefits package effectively, site oro arts Feta foc decreased the member of the collective secrng Sethoint t-te ine of argu . “Petinas tion beeame union funds amount of Picton fom the P42 milion ate me beets package an thus, coulg scone ged 10 pay attorney fees, see fees, or similar charges from the negotiation reed. Pelioners' reasoning is oeeeiy ta itomey’s fees may ray hued ance th atone’ | cai sid from union funds; yet the amount ate in paying forthe same JOeS ot pee union funds until it is actualy becomes as attomey’s fees from the benefis tice naa 5 fom the ene ward fo the employees, NATIONA. LAGOR Rea Comamisgigg ATONS 7 undabout ‘oundabout argument wha thatthe fds bg"a What he ow equa io even botore the ®90Y decmay oc und. deducted OF paid therefrom; it yen’ 88 are Be dtt088 ot become vee) fines tern a SO otherwise yi "Pe said attorney's foes The Cour turther determines tht tne Hn) and (0 repaatet t Be Arte ode as anata he ata come wt theca a by Eta rogue are (on eggs ese cen esetatan of eats a inion embers arto meting uy cafes taemenercia Seeetan’s raced oppo bubase Seta S tecord of the minutes of the meeting: and)“ individual wae authorization for checkeoff duly signed ty the employee concerned. “Additionally, Section §, Rule X of the USTFU Constitution and By-Laws mandates that: Section 5. Special assessments or other extraordinary fees such as for payment of atiomey’s fees shall be made only upon a182 sTIONS ExposrTions ON LABOR RELA the en raed by 7 rsa yl ba ~ tempt 10 comly with tpg on ee mt foregoing eatty ofthe general membership seer saegarnorces et of USTFU tne atfcalon of the Mog wich embader ‘ond USTFU, dated 1g September 19°F of P42 milo, ffm the 4p chore benefis package, ag, millon | ecoreymey’s fees. AS held by the paymont o Fopeas, however, the saig Gout eae nt document ay to requistes set forth inthe compliance wat gmended, and inthe USTFY Labor Come and By-Laws, even though Conaly signed by a majority of USTEY ver ee incon of te authorization for @ Gstmion dues and. special eck efor the Labor Education Fund eserrays foes nthe same document for eran oo 10 Sele 1092 HO Gite a2 milion economic benefis Prin reese td te cose! crmbors. For sure, it is fay UST ee esune taro india ‘fomber of USTFU would casually tum down tre substanial and Wuratve award of Pa2 Sion in etonomie benefits under the MOA. Fowover, there was n0 way for any individual nin member to separate his or her consent {0 the rticaton of the MOA from his 0” her duthoizaton of the checkcff of union dues NATION Lago an g ‘Commission “ " and special assessmens, raification of the MOA ca automatic authorizat tunion dues and sper fet wo rye a of the checkoff of teh i inn Segara the leatimacy ofthe authorzaton i mega million check-off by Majority of USTFU rerin l G2y ost pz, rn tern ert ‘ic sae eS, eh at the very leat, embody the genuine const stoma she fallure ofthe Marito Group to sty comply with the requirements set forh by the Labor Code, as amended, and the USTEO Constitution and By-Laws, invaidates. the questioned special assessment. Substantial compliancs is not enough in view of the act that the special assessment wil dimininy at compensation of the union members, Ther ‘express Consent is required, and this consent must be obtained in accordance with he stops outlined by law, which must be folowed to the letter. No shortcuts are allowed, Viewed in this light the Court does not hesitate to declare as ilegal the check-of of P4.2 milion, from the P42 milion economic benefits package, for union dues and special assessments for the Labor Education Fund and attorney's fees. Said amount rightly belongs to and should be retuned by petitioners to the intended beneficiaries thereof, ie. members of the collective ‘bargaining unit, whether or not members of1208 RELATIONS rons on LA expos directive iS Without prj, we ek re USTFU. TH Froners 10 Seek reimbur t the right ee USTED offeers and i fram he Oe he Maio Group, anc, wo were Fo esponsible fr the llega, hy wror fe atoresaid ‘amount. . : CHAPTER i= APPEAL 1-Declsions, avara A 28 0 Eo Abr 87 Tnala ors oie apposed 0 the Commis executor ori partie within ten (10) calenget by any Fart of such decisions, awarg sap pel maybe eterna ony ato following round it there is. prima facie evidence gy ss saieration on the part ofthe Lay! sie 4 vet the decision, order OF BWEFd way B® rough aud OF coercion secetin raft an corruption; vrmade purely on qestons of lay; ang the findings of facts 4d. Hfserious errors: Se raised which would cause grave ‘op Areparable damage of injury to. the appellant In case of @ judgment involving monetary award, an appeal by the employer may be perfected only upon the posting of a Cash or surety bond issued by a reputable i Judgment appealed his dismissal or separation or atthe option of To discourage frivolous or dilatory appeals, the Commission or the Labor Arbiter shall Impose reasonable penalty, including fines or censures, upon the erring partes, In all cases, the appeliant shall furnish a copy of the memorandum of appeal to the other party who shall file an answer not later than ten (10) calendar days’ from receipt thereof. ‘The Commission shall decide all cases within twenty (20) calendar days from receipt fof tre answer of the appellee. The decision of the Commission shall be final and executory after ten (10) calendar days from receipt thereof by the partes. ‘Any law enforcement ageney may be deputized by the Secretary of Labor and Employment or the Commission in the ‘enforcement of decisions, awards or orders.on LABOR RELATIONS expos TONS 186 RULE VI APPEALS ps OF APPEAL —Dec.., Labor Arter shal 9s, ee ess appeal 1 he Conny 1d exeoutory UNE within ten (10) calenda, dy” = f and in ca82 OF decision era Regional, Detar of, loyment pursy Lato ee wihin ne jot thereof. If the 10th of § be, falls On a Satin te rfect the an day, a8 te iy the last day to perfect the a sunday ot Ye yoring 42Y following ga st ay, Sunday ole st for extension of he par Noneien erfet an apPea Shall Be aloyer! win (1a) : SECTION 2. GROUNDS come may te serpned ony on any of te folowing grounds, enteral prima faci f abuse is prima facie evidence of abuse gy cr re the par of the Labor Arbiter oy is a peje De on, avd oF Oe 8 seg 2 ee etc, ning ga ag nso «made purely on questions of law, andlor errors in the findings of facts are raiseg Set ret coreced, would cause grave o ireparable damage or inury to the appellant. (2a) 3, WHERE FILED.—The appeal shall be SEs wan be" gona Ariaton” Branch. yr NATIONAL Lason, RELATIONS 5 Coniss 17 Regional Office where the case decided was, het SECTION 4. REQUISITES FoR py ERFECTION OF APPEAL—a) The appeal shalbe eo (1) filed within the replementary period provided in Section 1 of this Rue; (2) verted by the appellant himseltihersel! in accordance with Section 4 Rule 7 of the Rules of Court, as amendey soo, ard and the date the appelanrecoved the aealed decision, award or order, (4) n tee (9 eotny typewitien oF printed copies; and (5) acsompaniod by. |) Proof of payment of the required appeal fee and legal esearch fe: i) posting ofa cash or surely hond as provided in Seaton 6 t tis Rule ann) proof of service upon the ther parce b) A mere notice of appeal without complying with the other requisites aforestated shall not stop the running ofthe period for perfecting an appeal ) The appellee may fe vith the Regional Arbitration Branch or Regional Office where the appeal was filed, hisIher answer or reply to appellant's memorandum of appeal, not later than ten (10) Calendar days from receipt thereof. Faire on the part ofthe appellee who was propery furnished with € copy of the appeal to fle hishher answer or reply within the said period may be constued as a waiver on his/her part to fe the same, 4) Subject to the provisions of Article 218 of the Labor Code, once the appeal is perfected in accordance with these Rules, the Commission shallgor RELATIONS ly th and deciding Only the fit set 10 rovoned ‘on appeal. (4a) Oo FEE—The prlan , al feo and legal reson, hy ng an Branch or Regional bec, ho al eceit OF Such payee erin, 206 Ie edhe case, (5) ™™ opin case the JECsion gf jonal Director inva! be by te employer ma # Henetary 0 20 EE cing of a bond wate upon fxm of cash depositor gh in amount to the moneary yg el Mysore atorey 28. In cage exclusive of damage hal be issued by a rep Say day seredied by ye ira Supreme COU, 2rd shay po ginal 0” cetfed True copy ding compe accompanied bY owing the fol int declaration under oath by the employe, a) 2 Jot seen te bonding COMPANY, tlstng nist od posted is genuine, 2nd shall bey i ee gps ec 5) an indemnity agreement Between the employe, 2 lant ana bonding COMPANY: depost or collateral securing the eel et at a ot san acceplable secur 4) a certificate of authorty from the Insurance Commision. «) cotfcate of registration from the Secures ang Exchange Commission; ea Nai TIONAL LABOR Revarions 160 f) cattificate of accreditation : ‘and authority from the ‘Supreme Court; and slat Md 9) notarized board z esolution or secretary eerifcate rom the tending company showing fs out ‘natories and their specimen signatures. The Commission through justifiable grounds blackist notwithstanding Cour. AA cash oF surety bond shall be valid and effective from the date of deposit or posting, unt the case is finally decided, resolved or terminated, or the award satisfied. This condition shall be deemed incorporated in the terms and condtions of the surety bond, and shall be binding on the appellants and the banding company, ‘The appellant shall furnish the appellee with a certified true copy ofthe said surety bond wath ail th above-mentioned supporting documents. ‘The appellee shall verfy the regulary and genuineness. thereof and immediately report any ireguianty to the ‘Commission Upon verication by the Commission that the bbond is imegular or not genuine, the Commission shall cause the immediate dismissal of the appeal, and censure the responsibie parties and’ theit counsels, oF subject them to reasonable fine or penalty, and the bonding company may be blackiste. No motion to reduce bond shall be entertained ‘except on meritorious grounds, and only upon the the Chaitman may on bonding company its accreditation by the Supremeye RELATIONS. a resorble AMUN na in sy 1 motion 10 reduce requisites, %q with the in pat oo 8, a tt 00 Be ny, prezeing 37290 an appeal (68 a the period RDS OF CASE ON APE ase sill HAVE @ COrrespons ~ 2 rents which shall incluge it original copy of Ne Compan t a) he orgrations; c) minutes oft) os, transcripts of Stenographe ons, orders, and resolution ce tere if avalable: eg root award, f)memorandum ofa on of Parser tne, ANY, ANd oroge ard th 1 eg) oficial recelbt Of the apoey seni, fare appeal bod, a reco minenly are RANSMITTAL OF RECORDS op SECTION pPEAL —Witin forty-2ight (48) hou Salt atone ne seamen ee al pfs of origin tothe Commission cecrion @ FUNG OF APPEAL; EFFECT SECTION questo immediate reinslalemen, iro afpcal under Section 6 of Rule XI, cnce an mee noe ee ees pga is pec {ean fied wth the Commission. 22) ee NATION. LABOR Recaro 161 SECTION 10. FRIVOLOUS oR Y APPEALS No opreal to OR, LATOR shall be enterained. To: deoqune muy Orso diiatoy | appeals. including those taken tore iterloculory Orders, tho Commission ater hosing may consure OF cle in contempt the ening artog, and their counsels, of gutjec fine or penalty. (10a) SECTION 11. APPEALS FR OTHER AGENCIES Tho iRolt DECISION OF governing appeals trom the decaions re hate Labor Abies shall apply to. appeals ts the Commision from deci o' ofces oF agencies appeaiatic ‘ocording to law 4.0. No Motion for Reconsideration from the decision of the Labor Arbiter asthe NLRC rules do not allow it, Remedy sto fle an appeal before te NRG 20. Final Exceptions 2.1. In Asuncion vs. NLRC, G.R. No, 109911, June 17, 1997, the SC ruled that perfecton of {an appeal within the statutory or reglementary Period is not only mandatory but jurisdictional and failure to do so renders the questioned decision final and executory, depriving. the appellate court of jurisdiction to alter the final judgment, much less to entertain the appeal. 2.2. Allitigations must come to an end however unjust the result of errr may appear, ctherwise, litigation would even be more intolerable than the wrong or injustice itis designed to correct, (Industrial and Transport Equipment, inc. vs. NLRC, G.R. No, 113592, 1988) them to sonable Decisions Cannot Be Amended162 Expositions ON LABOR RELATIONS. end and termin; Litigation must ate a itgeind somewhere, and ff Cosenta Mainistration of justice th sor affective adm ee final the sun has. once a udamer ea tern should Pe oF the a goctrine of finally of judgment is rest, This ort indamental ‘consideration of rounded on Mend practice. 9 fact public Pony 97 in law than that once a nothing is More Shay it thereby becomes nent aa rable IMA OO ger Immutable 274 Mcny respect, even if the modified i 20 "i correct what is modification 5 T“eoneous conclusion of perceived 10 PSM oardiess of wholne’ the fact an’ to be made by the pte She highest court of the arty has the right to file bed period, the land. Ju rescril the an appeal withit 116 correlative right fo enloy winning Pa ution of his case by the © seefaction of the judement vw." To frustrate it by it of the losing party ree. time and expenditure et interest of justice finis to this rule on finality of inc entries which arty, clerical errors NATIONAL La ADO AL LABOR ReLaTions wsion 163 thing than that when 9 more 8 treet tt amen rereby ee and ‘unaltorabie "the gcaMe® itmab longer be modied in ent may no the modification is moar, SP, Io porcoted "MER 10 cones wnat conclusion of fact or iey, 2 Tonous of water he mete ‘egardless to be made by the Cour rnd ighest Court of the tang, sO 0y recognized exceptions are Ie 2,0" of clerical errors or the manger called nunc pro tune enties gy ge no prejudice to any pant ayaheh cause where the judgments void. SOUS cause no prejudice to any party, and c void judgments. ‘ ) In the present case, petitioner claims Decision of the Court of Appeals. defined and characterized by this Court in the following manner: The office of a judgment nunc pro164 yor RELATIONS h was time whict Not gone 313 (Od, ad the owe; th casi imo Psych ents 1 rest, 2 fait a ecard evan wen PS Been a1 be used 10 make take. I Mak the truth, But not toy, at ita SPEAK but yt speae Spoken, 1 ho Court hag ot to ered a judgment that it man rendered, OF if it” sae rel & he thas MO POMEr t0 remo! judgmer's or omissions by orden these iy nunc pr TUNG Of a pron the er. Hence @ court in entering = ger mune pro tune Kas NO pow Judametive what the judgment meang to corey to enter of record such but only 10, been ona but which had not beet ‘of record as rendered. In a) entered moaerese of the POWEr to enter case nts mune pro {UNC PTESUPDOSES the Juco tion ofa judgment, and a mere seit g 2 judgment will not fumish the aes for such an enty. (15 RC. L., pp 622-623.) ct of a judgment nunc pro tune nek the rendering of 8 now judgment and the ascertainment and Geterination of new rights, but is one placing in proper form on the record, the judgment that had been previously as 10 wt? HE peak the wut, vo action ®t show what ‘ny judicial enor, el #28, not to cone el Sieh ae einer «pee rendered”, Ut ought? ecament 2 of the one it sesettUsly render orto sore tt the ele cour however ene cm in aarent may nave eee Syine"s vs. Cot Banung ce, South. 640, 641; 128 ala ner? A mune pro tune ent an entry made now of Was actually previously ty in practice is through inadvertence or mistake (Perkins vs. Haywood, 31 N, E. 670, Its competent for the court to make an entry nune pro tune afte the term at which the transaction Occurred, even though the rights of third persons may be affected. But entries mune pro tune will not be ‘ordered except where this can be done without injustice to either party, and as a nune pro tune order is to supply on the record something which has actually occurred, itExposiions ON LABOR RELATIONS supply omitted action sen 1 (15 C. de BP. s72g73 the above characterization gy elie judgment itis clear that jdgment. pettioner sought through the proton for clarficatory Judgment iS Outsigg te scope, Petitioners did not allege thay the Court of Appeals actually took judici tre ge and that such Acton Was. noe jfcladed in the Court of Appeals’ Decision nce, A MUNC PFO tung ction by the court. supply non-2 ‘since the judgment sought through the motion for claifcatory judgment is ng, dnune pro tunc one, the general ryig regarding final and executory decisions apples. In this case, n0_ motion for reconsideration having been fled after the Court of Appeals rendered its decision on June 29, 1995 and an entry of judgment having been made on July 17, 1996, the same became final and executory and, hence, [8 no longer suscoptible (9 ‘amendment. I, therefore, follows that the Court of Appeals did not act arbitrarily nor with grave abuse of discretion amounting fo lack of jurisdiction when it issued the aforementioned Resolution denying petitioner's motion for clarficatory judgment andthe Resolution denying petitioner's motion for reconsideration, (Luisa Briones-Vazquez vs. CA, .R. No. 144882, February 04, 2005) NATIONAL Lag BOR Re Consign "8 o 167 25: I the case of Re ub do los Angeles, ofa Hon, Jain October 4, 1971, the Sure NO. Lezeiig the fll oF cspostive pomign® COUt aloneg conform to the body ofthe fine t"® decision : fir I8I0N, yi “ Ths Cou 8 bromulate oe : ie: Martinez, op gy ase FI oS Baers vs. Go ener. 83 : il, 814; and Vitonoe (9: il o a ss ae that 2 udument ma was in_conr fae it forms a part. Hence, i qe owhich Court now to be not ove Shoes ts refuse t0 read the decision Nal and court 2s holo soa of fallo thereof only. Rather neo" S2 the court below shouldbe Whole and considered in it the tue meaning andy partcular portion thereat (De Rta Director of Lands, supra). Neines inolined to venting seta seas af the aid al iteraly. On the eat ny, with the ratio decidengi ther vs. Go Chin Ling, supra). aaa case of Policarpio vs. Philippine Vetere : Board, ot a, supra, to get ne we as and. meaning ofa decane et portion thereof shouldbe reson the same. must be consgoed. Ol168 Lagor RELATIONS ution oF ruin 02, 2 280 i entity Herp in other parts or id not merely in the he decision am 2 thereof. 10 0x can article 10 of the Civi ¢, le ‘Aaa itn case of doubt ig the states ation of application of lai itis interpre that the lawmaking dy pene nd justice to prevail” » rang upon the COUT in elatog 8 its judgments “The judgment must be read in i and it must be construed ag s erie vas to bring all of its pats ing rey as far as this can be done by ap rat reasonable interpretation and so as g sie effect to every word and part. sMble, and to effectuate the intention Pr purpose of the Court, consistent yity the prowsions of the organic law. (4g CAS. pp. 863-864.) 1 ambiguous judgments are to a eesonableiendment toe justice and avoid wrong. When judgment is susceptible of tao interpretations, that will be adopted which renders it the more reasonable, effective, ‘and conclusive, and which makes. the judgment harmonize with the facts and Taw ofthe case and be such as sought to have been rendered... (49 CS. pp. 865-886,) NATIONAL Lagop Reuations Com sd 169 ON ‘When language of decree suscepibe of two ‘Constructions, ours from one of which it follows that the law n as been correct appl o facts and tem van, corel ms oe incorecy appt, yo construction should be adepied’ whna correctly applies the law. (F ea (Footnote of 49 Warrants. The legal effect, rather than the language used, govems, Where a judgment is susceptible of two interpretations, that one wil be adopted which renders. it more reasonable, effective and conclusive, and. which makes the judgment harmonize with the facts and the law ofthe case and be such a8 ought to have been rendered... (34 C.J. 502). "AS @ general rule, judgments are to be Construed like other writen instruments The determinative factor is the intention of the court, as gathered from al parts ofthe judgment itsel.n applying tis rule, effet must be given fo thal which is unavoidably ‘and necessarily implied in a judgment, as wel as to that which is expressed in the most appropriate language. Such construction should be given to a170 xrosmions ON LABOR RELATIONS as wil give Fr08 and effec, Judged of tH possible, ad make ole consistent, effective roasmferprctation of 2 judQMent must j Characterized by justice and faless, 7; cry susceptible to 440 suaretaions, one of whic? WOU ren, veil and te ater ilega He Court yy ‘adopt the former be r0ad in connect “The judgment may . with the entre 1920 and Constr Ieordngy atleast where there nceranyy iy. In the latter €886, itis proper iS ‘and verdicts, an Hore. inconsistent wit the judorent proper fond ree ne dere, eater mes crt. The issues involved in the action are Stoo mporant factors in determining what wag intended by the judgment. (208 AM. Jur, po, 212-213.) (Emphasis supplied) rhe foregoing pronouncements fing supp in the. case of LOCSn, of av, Pbedes, etal, 63 Phil 87, 91-92, wherein this Court aloned a judgment that had become fal and executory to be “clarified” by supplying a word which had been in ‘Siherenty omitted and which, wien supplec, in effect changed the Iitral import of the original phraseology thus: itclerly appears from the allegations of the complaint, the promissory note reproduced therein and made a part thereof, the prayer NATIONAL LaBion fe patiioners is icnt and sqypont®60 by the ft Under the judg) 49080 undorton at the judgment shoud te accorane the evidence andthe conagnyt® easton, faw, the dispositive pag yo fact and of consideration should ayy oA VoB™eN under St oy ye word Fat aye. ont De judgment became ambien, sa may be claritiod at anytime ater ng ede is rendered and even ater xn oe e080 (04 Cops, Sag 8 a ta judge didnot, therefore, exceed ye, @sbandent in laying the dispositive par ot weston by suppyng the ie to he utgren supplied ) “Esionent This is so because in already final judgment cans 220 Spy an ona tae oversight, this simply mang gey OU exter anette decision, the fale or dsposiive pot sheroot must be correlated withthe Boch ot with the body o such final decision, Ths is precsan he happened in the abovepney (Undertining supplied) ive 30, Labor Arbiter’s final orders, resolution decisions shall become final and’ executor, ene? appealed to the NLRC by any or both parts with ios (10) calendar days from receipt thereof: and in cases ofsxposrTons on LABOR RELATIONS nd resostions oF 1M2 SOLE vit, s deasins. 08° 2 i, (6) days under lendar DayS jendar days FEfETS to wo), a4. Ten organs that Saluday, song days ar oidays are included save 0% ser day falson them in which cage en wre fre. shall be adusted 10 the 08 ‘succeeding business day; Date of Receipt by Mail d mall is service by registere’ rl ater upon actual receipt By the addressee ° tet five () day if he does not a9 ain ve (5) days om the ist notice of) ostmaster. The Purpose is 10 place the date prstmceist of pleadings, judgments ay, processes beyond the power ofthe party being Pond to determine at his pleasure 43, Failure to Give Copy of APPeal to Advergg Party Within Ten Days 43.11, Failure to give copy of appeal to adversg party within ten days isnot fatal the appeteg Fras nat prejudiced by the delay in the servicg of said copy of the appeal. 34, No Extension of Period not file an appea| ‘Appeal being merely a priviege must be exercise inthe manner requited by the rules of procedure, 35, Periods Generally Mandatory 354. Periods are imposed 10 prevent needless delays and to ensure the orderly ang speedy discharge of judicial business, Strict compliance with such rule is both mandatory 32. 36 ai. 38. Nariona LasOR Rear Comassioy ON 173 and imperative, On) ' @ strong equi il 94 the $¢ yp 2deratin of the procedural rue in the mot 2 ception to justice. ® interest of substantia Grounds of Appeals a) If there is prima facie of discretion on the pays ane? of abuse Arbiter oF Regional Directoy. °" "® Labor b) If the decision, awary secured through" fraun oF order was including graft and corruption, —°°°*°/0", ) If made pure i 4) Hf made purely on questions of tay @) If serious errors in are raised which, if ar prema cause grave or ireparapy tothe appellant (2a) Where to File Appeal 3.7.1. Before the Offce of the labor Arit which rendered «he pealed decision veh soa nt the records ofthe case to Requisites for Perfection of Appeal (1) filed within the regiementa provided in Section 4 ofthis Ruler °°? (2) verified by the appellant himseitih In accordance with Section 4 Rule Taf the Rules of Court, as amended; (3) in the form of a memorandum of. which shall tae the grounds roled spon and the arguments in support thereof, theTIONS Lagoa RELA j0NS ON Expos and with @ stateme, ral Baye sppllnt receiveg”™ oy ee ogi WBEHTRED Fp ied by: i) pr00F Of payren, sired pa fee and legal reseaygt the edn fo CBB OF SUEY Boyt fw Erin Sct 60 hs Rule ang provi vice upon th other Paris, , 1 ae pee from an inkeocutry og 39.1, No ened, TO diSUrage frivolous stall be including those taken Sia pet elt ae fn interior censure oF cite iN contempt iy, a snd thet COUNSES, OF subje or reasonable fine or penalty 1 Fees ayment of Appeal ate Falure to pay the appeal fee confers 5 Sieg and rot 2 mandalory power i, See an appeal and Such Power must be Settpced wih.a sound dscreton and with Sfendant oreunstances. Where the fee hag een pad belatedly, the broader interest of {pease onthe mets demand thatthe appes fee be gven due course; 3.11. Appeal Bond; Filing on Time; Exceptions 3.114, Appeal bond may be in the fom of cash or surely equivalent o the amount ofthe NATIONAL Li Aton Revi . Comission “ more V4 exe of danape ong atlomey’s fees (Excsionay yee aoe S...LhLUrUrULCL bg sued by 8 Tepuable ondng vena gu accredited by the Commission ana, Supreme Court and shal be accompared by orginal or cetiied tue copies othe loloing Sa OR! declaration under oath by the Pmployer, histher counsel, and” the Donding company, attesting that ine bond Posted is genuine, and shall be in effect Lnti final dspostion ofthe case b) an indemnity agreement between the employer-ppeliant ang bonding company; ©) proof of security deposit or coiateral ‘Securing the bond: provided, that a check shall not be considered as an acceptable security; 0) a certificate of authority from the Insurance Commission; ©) “cerificate of registration from the Securities and Exchange Commission; £) cettiicate of accreditation and authority from the Supreme Court; and 9) notarized board resolution or Secretary's cericate from the bonding company showing its authorized signatories and their specimen signatures, The Commission through the Chairman may on justifiable grounds blacklist a bonding176 oi, Mat RELATIONS exposmons on LABOR swinstanding 8 2Ccredtation nat rety bond shall be vali a A cash oF Beate of deposit oF poss, m 4 led, resol eflecve 7's finaly decid Pa until the terminated, award satisfied. 7," conation shal Aeon of th Surely bong an terms and Ping an the appellants ang in shal be ay. bonding com vant shall furnish the appe The appelan apy of the sald Sur with 2 corte above-mentioned Supporin! bond wth a 7 apellee shall verify yo documents, Te epuineness thereot ang regu 2 ay regulary immediatel fe Bond under NLRC Rules ‘0 -Burnie ¥S- iar Spite aed 1781, Oo ceed ae 703 ouiales to be o . oun db reduction ee ‘on the matter of the “Fureteptance of motions 0 redo, fing a ided in Section g appeal bond, 6° Pott NLRC. Rules. gf Rule VI of rt hereby RESOLVES Procedure, ne Oe flowing gucoines that 7 all be observed: 5 The ling of @ mation fo reduce apa ht shal be entertained by the core the folowing conditions: (1) sas mertorous ground: and (2) a EES ina resonabe amounts posts NATIONAL Lagon pe LATIONS 7 szzomsand by Bsa te Ben erent oy) yan Suva aad at (OH) oh pe nt © appeal, exclusive of damages and atomeys fac: (© Compliance cenditons. shay runing ofthe 10 ei spattet a0 appeal trom ne te arbiter's decision to the NLRC; (d) The NLRC dy to resoWve ty and determine the fal amoust o Cond that shal be poste bythe apyeion tend in accordance with the. standouts tt Ientorious grounds and. reasonable arrount; and (6) n the event that the NLRC denies the Imation to feduce bond, or requires a bond that exceeds the amount of the Provisional bond, the appetiant shall be given a fresh period often (10) cays rom motce ofthe NLRC order within which to erect the appeal by posting the requited ‘ppeal bond 3.12.2. Under the Labor Code and the Rules of Appeal, posting of a cash or surely bond is indispensable to the perfection of an appeal in cases involving monetary awards. trom the decision of the LA. Nonetheless allows. the reduction of the bond upon showing of (a) existence of @ metorious ground and (b}spoons 08 BOR REUTONS nd in a reasonable arn, nt bot sting Of A monetary award h relation to phil, Tourister, Inc. vs. tugs Transit Workers Union 201237, 3 September 2014 s No‘ perias-Bernabe, J) ent union fled @ petition nm and Was Granted," or certcation 0c senied. Thus, MT) soil ‘omplained bul ol cong eee f9 PTT st te erp. pasted ter flowing Ne sal Thus, yn temiatre or gal dsmissl, ming tat yp fled tanded to rusvte tel ight io sale waron and there was, PO Sua ans arse ange MTT and PTT Stockholders ary) oe LA ruled in favor of respondents. ied an appeal and filed a motion vsura bord PTI posted with South Sea Surely rodtfasurance Company Inc. (SSSICI) for PEmigy arial bond, NLRC dismissed, the appeal jg, as Pate post required bond but PT! fled a My insisting NLRC to adopt a liberal intetbretation gy tpevules of appeal and stating they NOW pai in fy pe agh Far Easter Surly & Insurance Compan, Ine After, NLRC dismissed the complaint of union, Ming there were no factual Bases. to hog Soitoners joy and several lable with MT ay pee comorations are separate and distinct jurcica| tMites CA reversed and declared NLRC acteg with grave abuse when it liberally interpreted the fules on perfection of appeal despite being filed out oftime, RULING: CA did not commit grave abuse of discretion. For a decision to be tainted with grave Facts: Respon Sof. NATIONAL Lag c abuse of discretion, such ‘enimsical EX6TCISe of ag here Under the Labor Cog d peal. posting of a cagn yy © Rules of indispensable 10 the perfection ¢@4"8tY_ bond is cases invOWiNG monetary ayn fy, SFPEal in of te LA, Nonetheless atone te decision ond UPON showing of a) sp aiueton ofthe meritorious GFOUNd and () posyngteNe® Of a reasonable AMOUN! in relajion te 2 Pond in a oe the monetary In this case, the part bond was 25 ialy tainted with defects, sin However, these defects had already poe memes. the peiiioners posting of Supereedeas eye o2 OY full amount of P12,833,000.00 by the ronan the Surety & Insurance Company, ing” Fa" Eastern 43,13. Period to Post Bond 3.13.1. The appeal bond merely procedural but juisdtonawahagt eauire jurscction over The appeal teen 20gu ction over Agency vs. Levanto, eta, aera 183942, June 25, 2005)" °° °* &R. No. 3.14, No Bond, No Appeal Perfected 3.14.1. Borja Estate No, 152560 June, 2008. P* Salt, 8 The Commision ma and upon Motion of the Aspelan sedsce he ‘amount of the bond. The filing of the motion to.480 IONS ons on LABOR REN exros! ag sat nt s2P THE TUNING gy reduce roret appeal sion of Petod” NO mote, ar ofthe period within wy. © ibe allowed. fom the foregoing tha, one oe award oF order gy NLRC shal be made wih f° section est for ext perect an appeal Thus, It is al from any For Air Ae of such deci ust be under oath, with eget apnea 128 2ccompan, Kin af epee In case the dene! by 2 memora involves & MONTY award," of the Labor Art ed perfected only upon the postin appeal is deame' ey bond also within ten ‘iq to of sush dction in) calendar alent othe monetary Ro eenton of te fawmaKers £0 MAKE thy Te ifeton ye requisite forthe perfec Bond any the employer 1 UNEESCOTEG by tg | af an appa appeal may be perfecied “oy, provision al ig of a cash of surely Bond” The upon the poste ces it perfectly clear that the word "onl Taded the posting of @ Cash or surely lawmakers ployer tobe the exclusive means by Bond by Me oye's appeal may De Consider vi The law however does not require is compet yment, but only the posting ofa bond ig oul Fat the award wil be eventually ald shoulg ea ai. What petitioners have to pay is a resents and reasonable sum forthe premium of such bond 2 hand refers to word 'may’, on the other the pecon ofan appeal a8 optional on the pan | shal F NaTIONA ABOR ReLATion, or 161 of the defeated party, by. peel DON, he desis Evidently, the post is mandatory. And the manner and ithin the period rege law Is not only ardalory but jurisdictional‘ ot, rd the period oF the appt Iso aay Yotend i circumstance which would give tr, employer the cance 10 Wed! ut the ets, ope resources ofthe worker othe pot har me nooo consid 10 OW8 Up for las than whet seag him. As ratiocinated in the CaSe Of Viron Garments Miig. v. NLRC: The requirement thatthe emp cash or surely band to pra tune et apparently intended to assure the workers haa i they prevail inthe case, they wit ceive tne money judgment in their favor ‘upon’ the Ot to the Ne Posting of an © appeal ing of @ ry 8 cash oF surety bond tion of an appeal in the an appeal to delay, obligation to satisty th, leit employees: just and lawl claims, : In the case at bar, while the pettioners’ ‘Appeal Memorandum’ and Motion for Reduction of Bond, which was annexed thereto, were both fled on time, the appeal was not perfected by reason ofthe lte hing and deficiency of the amount of the bond fe. the monetary award with no explanation offered for such delay and inadequacy ‘As there was no appeal bond fled together with the Appeal Memorandum within the ten (10)-day period provided by law for the182 TIONS, 1 LABOR RELA’ 105 0 Expos! follows that n, appeal, 0 poten fon of the Labor Atte from the ‘Accordingly, the Decjc’ Nay eon pene er became final and ec the Labor Fon of the reglementan oy, the exPi tig ae is rue ati Cout has, jication of the res on pea int te rly coe SO Whe tho fi cases ine requirements f0F erfen comply sted of where there we al wae mmpliance with the rules, js 5 co eg substantia Court has allowed tardy ap. the sie ase, ‘ag, where the presen injus xumstance recognized by j, any just cident, mistake or excusagt such a Me propery vested the judge aera to approve OF agit 2M 2Dpeal jen iscertime, where on equitable grounds, out gal was alowed 28 the question, belated app served directly upon pelitons cerrad of her counsel of record ih ate et ready dead; where the counge tee Met tne footnote of the notice of the vpcsion of the labor arbiter that the aggrieveg party may appeal... wii tn (10) Woking vary arf prevent ® miscariag justice o unjust enrichment such 2 where the tardy appeal is from a decision granting oe ton pay which was alreedy granted ‘an eater final decision; or where there are Special crcamslances in the case combineg with its legal merits or the amount and the issue involved. Here, no justifiable reason was put forth by the pettioners for the non-fling of the vy NATIONA ABOR RELATION Commission 163 requifee Bond, oF the late fling of the detect bond for that mater agin 12 v fled late on 17 December 1999 non ney of Forty Tho ne amo and Pescs (baa not een eae 020) a bond they prayed for in their Motion for Reduction of Bond. The Court then enor prepared to hold that the petitioners’ Afolion Jor Reduction of Bond was substantial compliance with the Labor Code for faire to demonstrate willingness to abide by their prayer in said Motion. In addition, no exceptional ‘obtain in the case at bar which would warrant the relatation of the bond requirement as. ‘condition for perfecting the appeal circumstances “It bears stressing that the bond is sine qua nor to the perfection of appeal from the labor arbiters monetary award. The requirements for perfecting an appeal must be siricly followed as they are considered indispensable interdctions against -neediess delays and for orderly discharge of judicial business. The failure of the petitioners to comply with the requirements for perfection of appeal had the effect of rendering the decision of the labor arbiter final and executory and placing it beyond the power of the NLRC to review or reverse it AAS a losing party has the right to file an appeal within the prescribed period, so also the winning paty has the correlative right to enjoy the finaly ofthe resolution of hisher case.184 saronons IO RELATIONS x bond wherein appeal DON ma 28 whet Rosewood Proces! 15, instances, Wh : numerate 7 ww LR, 290: ‘SCRA 408: ng 7 the legal doctrine thatthe ap, pang a monetary aWard ino fected “only nee the posting 6° The lawmakers intendey a fed fbpertect an empoyers ‘appeal ; ; -Howorer, 1-0 number of £8805; his Coup Hower rement It order to bit nas 108 x rat immediate and. fe resolut apout ie Mrsies on the merits. Some of ot aes ner ine notice of the decision of the Jabor_arbiter_that_the yieved ay ore xx withi (0) working days: fi mnsideration of substan fundamental_co! is usfce: (0 is just enrichment, as where t 2 ig from the decision granting separation pay ‘which was already ranted in_an_eatler fina) sion: and (d) special circumstances oF the gee combined with its legal merits or the ‘mount and the issue involved” “in Quimbao vs. National Labor Relations commssion, this Court ruled that a relaxation of the appeal bond requirement could be justiieg ‘by substantial compliance with the rule ‘In Globe General Services and Security ‘Agency vs. National Labor Relations Commission, oe Court observed that the NLRC, in acta) ctice, allows the reduction of the appea) ond upon motion of the appellant and jporitoOUS AroUndS: hon ett ould hav should havo Figg 2 Pal That is the exact were. petioner cia Mpiter’s Decisior 2593, it fled gal and noice of apne aPteal bond accompanieg fy Prreand pesos issued pe? sue mid ASsUTANCE, INC. Ignorpy Seduce bond). Respondent c ° fg assailed Resolution dismiss on™ 8800 re the lat fling ofthe appeal bong? “The Solicitor Genera) jmmation of the assaied Resor ge feason that the appeal bond, even fry rat Sle fie, was defective, as it wag mt ¥25fled on ‘equivalent to the monetary award ini” amount appealed from. The Court disagrees, !¥sament tomes Code. This holding is consistent with eo t_the_letter-perfect rules must es ne rr interest of substantial, justice. Ce the 5 be snort fi at amt tn not_only be “Secudum ratlonen bat abe ‘secundum carifatem. A judicious tes pee memorandum _of appeal would hese oe mapatenioC abel wou bate nade recourse was meritorious. Respondent vation in the have received 2 ba ” April 6, 1993 2 Ved the labor 3, On Api morandum N10 reduce the ty bond for tity for the186 posioNsON LABOR RELATIONS ew moe an upon = in fact, gnats ra (iar spe) a a0 OW past Sota 2 eS, Supreme Pine posting ofan appeal bond, th. pertaining uch as in practice the NLRC al, sft appeal PONE Lon me ot apelat oon o tha fc ay be (orem ne ragomentary Ped 10° appeain” ne as Suc Mount i being contested. ng! cre aa fe, et rea Labor Arbiter retains jurisdiction ye? ard the Lal the NERC. has. acted on the cased appolint fas fled the bong ae Tod by he NERC van analogous procedure he extension fle a record on appeal, provided the me such extension iS fled before the jon fr 8 elmer Period fore erpratet don appeal (VA. de Capulong ai focnrs Insurance Co., Inc, 178 SCRA stg eer Tuason v_ Court of Appeals, 43 SCRa weet aya). It the order of the trl cout 864 eA ation ie issued only afer the ote. of the original period, the appea orate be perfected within’ the perog may a (Singbengov.Arlano, $9 Phi 852 Fasey Lkewoe, the appeal deemed of tr mot NATIONAL Lag perfected oniy after ty (on appeal ar ‘on appeal We have. heretofore, relsxed the sequtoment of the posing ot Relations Commission 202 SCRA ree (1981, ould an ara oe which required the appefoet soe ee 2 the order o ster rahe om ecat ‘ppeal_The_bond thera eee or te based on the wang aud ws computed based on the asia te employee was. no Tonge eee eh te ime of is separates eat the included in the computation the award of £P400,000.00 for moral and ~ exemplar “In_Blancaflor_v. National Labor Relations Commission 218 SCRA “366 1993), Rada v. National Labor Relations ‘Commission, 205 SCRA 67 (1902), and Your ‘Bus_Line_v. National Labor “Reigns Commission, 190_SCRA 160 Tissdie ws ‘cautioned the NLRC fo give Article 223 of 3 Labor Code, particulary the grav com requiring a bond on aopeats invowv ‘monetary awards, a lieral interpretation line with the desired objective of resolvin« controversies on the merits” (underlining supplied)jg on LABOR RELATIONS 20 exposiTiOns 1 gat Bond Excludes Da, 16. amount of nse oo etn a, jnd_ attorney i ary le exons pet pond Acceplable? ~ Yes 17 18 Pt antes comaionaly dition imposed Dy th He peal is dismissible, © Niue ‘asbiter’s Decision ding appeal. But mong, rement aspect immedi, ‘attorney's fees canny dwn 2 Pa ary a arg uniess and unt the docs tein the status OF finality. sige 0, Proceedings Before the Commission PROCEEDINGS ULE Vil BEFORE THE COMMISSION uRISDICTION OF SECTION —THe ‘Commission shall over comonginal, and apnelale jurisdiction st accordance with law. 2 osiTION AND INTE COMPOSI ON SSION EN Gant <2) Composition ~Uniess iS aw, the Commission shal be olmerosed ofthe Chairman and of twenty three (235 Commissioners. py eammisen En sane commas salt ») Gane only for purposes Of promulgating rules overing the hearing ang ‘and regulations Stposttin of cases belore Is Divisions ang Regional Arbitration Branches, and for the NATIONAL Lag fomuaion 3 sotce ad operations Way one sis, allow casey yo !2mporary gr anation bean to be ace Mtn the ja erg card A the jeg egenCY eos oan the eee other ten of any docket AHS The addon ween whan eee Sl StP0¥0 igang 88a such necessary Camiason shan sate (8) Divisions. Each ee ns a frember fom th obi Presiding Commissioner ang i? Salata the from the workers. ang” _o"®, member each respectively. employers sector Of the eight (8) ois Third, Fourth, Fifth ona the Fi and Si ist, Second, exch arora ussctan oes al crn abe ono a Division, Se isayas Region; and the Eighth ion, appealed cases om Mi ‘and the Eighth won hese at fom danas nena Mindanao. ’egion for Muslim d) Headquarters As Commision and is Fiat Seca, Tia Fou, Fit and Sith Division for Luzon sal bare hey main oes in the Natowal Copia Rogen, ard he Seventh and Ean Gaon tr Vjesn indanao, in the cites of Cebu and Canayan oe ‘Oro, respectively. (2a) —— SECTION 3. THE CHAIRMAN —The Chair Shall preside over all sssors ofthe Commission en banc. Helshe isthe Preidng Commisoner of the First Division. in case of the effective absence190 TONS ys on LABOR REN sn 908! the Pr caiman, dn 7 od Division shal "My city Ot Secon on ox incapatl) pe is 4 bythe Ex€CUv0 Clog, at NNe ait on, ion and its Regat’® miss tion over the Co is personnel incgga! ce ers and Labor Arbiter, re executive MISSION EN de ON VOTE.—a) Commis’ all call the Commis.” ess at east Wice a eq) The fist week of June wd the fig on the, to deliberate and decide on apy! cof December over, a majority of ail q! eH Howes ay cal 9 specs bers of the Cruse and decide ON Urgent any Sane ses SC eat acon, ve presence of & etl OF Alig 9) Quorum The Permission shall Be NCESSary members ofthe Corte vote Of CORCUTTENce of consis, ¢ a rembers COnsttutiNg @ quorum the majorly of sion oF TeSOIUION of he iI be en a et presence of at Q The, ill_ constitute ¢) Division The roses, thal A Commissions’s “concurrence of tO (2) quorum, ‘of a Division shall be necessary for snes Commarea udgent or res0ton bership in a required mem Wane complete andor the concuence c Ot rigours cannot be obtained 0 are woe Ggrent or resolution, the Chairman shat a such number of addtional - NATION Laon Re Commissioners teangny the ahr Diseng 9020 event that all the members, 06C888 themselves ftom reschng’s 8 Sion inhiot may ceate a Spec py, 8, he Chasen any ofthe other Divisiong @) Rae of Chey Cchaan ofthe Comme Ovison The psc east Bo cos any case Pereing belo it ang pac (9 consider dnb fg cra pastes aun a tt et ne fabor justice, Helshe shal not howere Meets of ie ape Baer ap toa er Con sara fe Same NS one One ‘Commissioner. (4a) a SECTION 5. CONSULTATION, a en gy te on fessor cen Mana the case is assigned toa member for te writing of ecpioy thea ea —The conclusions A. certication 10 this eet signed ty the Presiding Commissioner of the Dirson ate ne the case and served upon the partes, SECTION 6. DISSENTING OPINION — shout any member of a Division indicate hisherintenion t, wite a dissenting opinion, helshe may fe the some within the period prescrbed for deciding, or resolving the appeal; otherwise, such witen