Parties in Appeal by Certiorari (Rule 45)


Under Section 1, Rule 45 of the Rules of Court, only real parties-in-interest who participated in the litigation of the case before the Court of Appeals can avail of an appeal by certiorari.
The Secretary of Labor is not the real party-in-interest vested with personality to file the present petitions. A real party-in-interest is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. As thus defined, the real parties-in-interest in these cases would have been PALCEA-SUPER and PJWU-SUPER. It would have been their duty to appear and defend the ruling of the Secretary of Labor for they are the ones who were interested that the same be sustained. As to the Secretary of Labor, she was impleaded in the Petitions for Certiorari filed before the Court of Appeals as a nominal party because one of the issues involved therein was whether she committed an error of jurisdiction. But that does not make her a real party-in-interest or vests her with authority to appeal the Decisions of the CA in case it reverses her ruling. (Republic v. Namboku Peak).