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Philippine Bar review · Question

Practice question: Petition for Certiorari to CA against Rulings of the DOLE Secretary and NLRC Proper

Multiple Choice Hard

Practice question

An employee files a CA certiorari petition against an NLRC ruling but deliberately excludes the employer interested in sustaining it, saying the public tribunal alone must litigate the merits. Which is sound?
  1. The rule forbids joining the employer.
  2. The interested private respondent must be joined under the rule; the nominal public respondent does not replace that party.
  3. A tribunal always personally owns the successful party’s interest.
  4. Only the employer’s customer can defend the result.
  5. The interested party’s rights never matter.

Legal references

  • Rules of Court, Rule 65 Sections 1, 5 and 7; Rule 46 Section 3: https://lawphil.net/courts/rules/rc_1-71_civil.html

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