Republic V Nombuku Peak

2. Republic of the Philippines v. Namboku Peak Inc.
the conduct of a certification election in an

G.R. No.169745 unorganized establishment is not appealable.
PHIL-JAPAN WORKERS UNIONSOLIDARITY OF 7. Namboku filed manifestation and motion to
UNIONS IN THE PIDLIPPINES FOR EMPOWERMENT suspend the Cert. Election pending resolution of
AND REFORMS (P JWU-SUPER), MEDARBITER its appeal. This was denied by the Secretary of
CLARISSA G. BELTRANLERIOS and SECRETARY Labor. Namboku then filed certiorari with CA.
PATRICIA A. STO. TOMAS OF THE DEPARTMENT OF
LABOR AND EMPLOYMENT, Petitioners, Phil-Japan situation
vs. PHIL-JAPAN INDUSTRIAL MANUFACTURING 1. Phil-Japan is a domestic corporation engaged in
CORPORATION, Respondent. manufacturing mufflers, chassis and other car
G.R. No.170091 accessories.
2. The UNION (PJWU-SUPER) filed before Med-
Doctrine/s: The Secretary of Labor is not the real party-in- Arbiter a petition to be sole and exclusive
interest vested with personality to file the present petitions. A bargaining unit of R and F employees in Phil-
real party-in-interest is the party who stands to be benefited or Japan.
injured by the judgment in the suit, or the party entitled to the 3. Phil-Japan opposed, claiming that the members
avails of the suit of the union are either resigned, finished their
contracts, or are employees of its job contractors
Facts:
CMC Management and PEPC Management
Nombuku situation: Services.
1. Namboku is a domestic corporation engaged in 4. Med-arbiter ordered the conduct of cert. Election
the business of providing manpower services to because the documents submitted are not
mainly airline companies sufficient to resolve the issue of the existence of
2. The UNION- (Philippine Aircraft Loaders and employer employee relationship. The employees
Cargo Employees Association Solidarity of were allowed to vote, but shall be segregated,
Unions in the Philippines for Empowerment and and the determination of whether the number of
Reform) filed a Petition for direct certification such segregated ballots is material to the
election before the Med-Arbiter to represent the outcome of the election shall be made after the
rank-and-file employees of Namboku assigned conduct of the election.
at the Cargo and Loading Station of the 5. Phil-Japan appealed but denied. So they filed
Philippine Airlines (PAL) in Ninoy Aquino with the CA a petition for certiorari
International Airport.
3. The UNION alleged that it is a local chapter Upon reaching the CA, it reversed both of the decisions
affiliate of Solidarity of Unions in the Philippines of the Secretary and nullified Section 17, Rule VIII of
for Empowerment and Reforms; its members are Department Order No. 40-03 for being in conflict with
composed of regular rank-and-file employees of Article 259 of the Labor Code. The MR of the SOLE was
Namboku; out of the 155 regular rank-and-file also denied.
employees of Namboku, 122 or 78% are its
members. For the reason above, the Secretary filed a Petition for
4. Namboku opposed claiming that the members of Review on Certiorari under Rule 45 of the RoC.
the UNION are project employees. Their Issue:
individual Project Employee Contract provides 1. Whether the Secretary of Labor can file a
that their employment is for a fixed period of time Petition for Review (R.45).
and dependent upon its Services Agreement
with PAL. Held:
5. The Med-arbiter held that the members of the  No. The Secretary of Labor is a nominal party
union are regular employees of Namboku and because of her decision but she is not the real
granted the petition for cert. Election because: party-ininterest vested with personality to file the
a. While Namboku informed them that their present petitions. A real party-in-interest is the
employment is for a fixed period of time, party who stands to bebenefited or injured by the
it did not, however, apprise them that judgment in the suit, or the party entitled to the
the same is for a specific activity. avails of the suit. The real party in interest would
b. the completion or termination was not have been the unions to appear and defend the
made known to them at the time of their ruling of the Secretary of Labor. Only real
engagement. parties-in-interest who participated in the
c. the tasks for which Namboku engaged litigation of the case before the CA can avail of
their services do not appear to be an appeal by certiorari.
separate and independent activities with  G.R. No. 170091 was cleverly captioned as
pre-determined duration or completion. "Phil-Japan Workers Union Solidarity of Unions
6. Namboku appealed. However, they received a in the Philippines for Empowerment and
summons setting the pre-election conference on Reforms (PJWU-SUPER), Med-Arbiter Clarissa
July 31, 2003 and stating that the Order granting G. Beltran-Lerios and Secretary Patricia
Sto.Tomas of the Department of Labor and
Employment, petitioners, versus Court of
Appeals and Phil-Japan Industrial Manufacturing
Corporation." But the same was actually filed
by the Secretary of Labor all by herself. The
body of the Petition does not include
PJWU-SUPER as one of the parties. Neither
did its agent or representative sign the
verification and certification against
forum-shopping. In other words, PJWUSUPER
had no participation in the preparation and filing
of the Petition in G.R. No. 170091.
 It shall be the duty of the party litigant, whether
in an appeal under Rule 45 or in a special civil
action in Rule 65, to defend in his behalf and the
party whose adjudication is assailed, as he is the
one interested in sustaining the correctness of
the disposition or the validity of the proceedings.
 The Secretary of Labor should have remained

impartial and detached from the cases.
Otherwise, an anomalous situation will result
where the disciplining authority or tribunal
hearing the case, instead of being impartial and
detached, becomes an active participant in
prosecuting the respondent.
- The issue of whether Section 17, Rule VIII of
Department Order No. 40-03 is unconstitutional
is a matter of great concern and deserves
everyone’s attention. But this Court cannot pass
upon and resolve the same in these Petitions.
Otherwise, it will countenance the objectionable
actions of the Secretary of Labor and run afoul
of the abovecited settled decisions.

Republic V Nombuku Peak

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2. Republic of the Philippines v. Namboku Peak Inc.

the conduct of a certification election in an

 The Secretary of Labor should have remained

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