Whatever Infos

DFA vs. NLRC GR No. 113191, September 18 1996 FACTS: Private respondent NLRC initiated a case against for an alleged illegal dismissal by ADB and the latter's violation of the "labor-only" contracting law. Two summonses were served, one sent directly to the ADB and the other through the Department of Foreign Affairs (DFA), both with a copy of the complaint. Forthwith, the ADB and the DFA notified respondent Labor Arbiter that the ADB, as well as its President and Officers, were covered by an immunity from legal process except for borrowings, guaranties or the sale of securities pursuant to Article 50(1) and Article 55 of the Agreement Establishing the Asian Development Bank (the "Charter") in relation to Section 5 and Section 44 of the Agreement Between The Bank And The Government Of The Philippines Regarding The Bank's Headquarters (the "Headquarters Agreement"). Read: Municipality of San Fernando vs. Judge Firme The Labor Arbiter to...

Callado vs. IRRI GR No. 106483, May 22 1995, 244 SCRA 210 FACTS: Petitioner Ernesto Callado was employed as a driver at the International Rice Research Institute (IRRI). On February 11, 1990, while driving an IRRI vehicle on an official trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner figured in an accident. After evaluating petitioner's answer, explanations and other evidence by IRRI's Human Resource Development Department Manager, the latter issued a Notice of Termination to petitioner on December 7, 1990. Petitioner then filed a complaint before the Labor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and exemplary damages and attorney's fees. Private respondent likewise informed the Labor Arbiter, through counsel, that the Institute enjoys immunity from legal process by virtue of Article 3 of Presidential Decree No. 1620, and that it invokes such diplomatic immunity and privileges as an int...

SEAFDEC vs. NLRC GR Nos. 97468-70, September 2 1993, 241 SCRA 580 FACTS: Two labor cases were filed by the herein private respondents against the petitioner, Southeast Asian Fisheries Development Center (SEAFDEC), before the National Labor Relations Commission (NLRC), Regional Arbitration Branch, Iloilo City. In these cases, the private respondents claim having been wrongfully terminated from their employment by the petitioner. The petitioner, who claims to be an international inter-government organization composed of various Southeast Asian countries, filed a Motion to Dismiss, challenged the jurisdiction of the public respondent in taking cognizance of the above cases. Read: City of Angeles vs. Court of Appeals The private respondents, as well as respondent labor arbiter, allege that the petitioner is not immune from suit and assuming that if, indeed, it is an international organization, it has, however, impliedly, if not expressly, waived its immunity by belate...