Cases
[G.R. No. 110187. September 4, 1996.]
JOSE G. EBRO III, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, INTERNATIONAL CATHOLIC MIGRATION COMMISSION, JON DARRAH, ALEX DY-REYES, CARRIE WILSON, and MARIVIC SOLIVEN, respondents.
Jose R. Ebro, Jr. for petitioner.
The Solicitor General for public respondent.
The Law Firm of Araullo & Raymundo for International Catholic Migration Commission.
SYLLABUS
1. POLITICAL LAW; PUBLIC INTERNATIONAL LAW; CONVENTION ON THE PRIVILEGES AND IMMUNITY OF SPECIALIZED AGENCIES OF THE UNITED NATIONS; GRANT OF IMMUNITY FROM SUIT TO INTERNATIONAL CATHOLIC MIGRATION COMMISSION (ICMC); THUS, BOTH THE LABOR ARBITER AND THE NLRC HAD NO JURISDICTION OVER THE CASE. — The basic issue in this case is whether the Memorandum of Agreement executed on July 15, 1988 gave ICMC immunity from suit. The Court holds it did. Consequently, both the Labor Arbiter and the NLRC had no jurisdiction over the case. Petitioner's contention that the Memorandum of Agreement is not an act of Congress which is needed to "repeal or supersede" the provision of the Labor Code on the jurisdiction of the NLRC and of the Labor Arbiter is untenable. The grant of immunity to ICMC is in virtue of the Convention on the Privileges and Immunities of Specialized Agencies of the United Nations, adopted by the UN General Assembly on November 21, 1947, and concurred in by the Philippine Senate on May 17, 1949. This Convention has the force and effect of law, considering that under the Constitution, the Philippines adopts the generally accepted principles of international law as part of the law of the land. The Memorandum of Agreement in question merely carries out Philippine government's obligation under the Convention.
2. ID.; THIS COURT DID NOT REJECT ICMC'S INVOCATION OF IMMUNITY FOR CAUSES OF ACTION ACCRUING PRIOR TO THE EXECUTION OF THE MEMORANDUM. — Petitioner argues that in any case ICMC's immunity cannot apply because this case was filed below before the
JOSE G. EBRO III, petitioner, vs. NATIONAL LABOR RELATIONS COMMISSION, INTERNATIONAL CATHOLIC MIGRATION COMMISSION, JON DARRAH, ALEX DY-REYES, CARRIE WILSON, and MARIVIC SOLIVEN, respondents.
Jose R. Ebro, Jr. for petitioner.
The Solicitor General for public respondent.
The Law Firm of Araullo & Raymundo for International Catholic Migration Commission.
SYLLABUS
1. POLITICAL LAW; PUBLIC INTERNATIONAL LAW; CONVENTION ON THE PRIVILEGES AND IMMUNITY OF SPECIALIZED AGENCIES OF THE UNITED NATIONS; GRANT OF IMMUNITY FROM SUIT TO INTERNATIONAL CATHOLIC MIGRATION COMMISSION (ICMC); THUS, BOTH THE LABOR ARBITER AND THE NLRC HAD NO JURISDICTION OVER THE CASE. — The basic issue in this case is whether the Memorandum of Agreement executed on July 15, 1988 gave ICMC immunity from suit. The Court holds it did. Consequently, both the Labor Arbiter and the NLRC had no jurisdiction over the case. Petitioner's contention that the Memorandum of Agreement is not an act of Congress which is needed to "repeal or supersede" the provision of the Labor Code on the jurisdiction of the NLRC and of the Labor Arbiter is untenable. The grant of immunity to ICMC is in virtue of the Convention on the Privileges and Immunities of Specialized Agencies of the United Nations, adopted by the UN General Assembly on November 21, 1947, and concurred in by the Philippine Senate on May 17, 1949. This Convention has the force and effect of law, considering that under the Constitution, the Philippines adopts the generally accepted principles of international law as part of the law of the land. The Memorandum of Agreement in question merely carries out Philippine government's obligation under the Convention.
2. ID.; THIS COURT DID NOT REJECT ICMC'S INVOCATION OF IMMUNITY FOR CAUSES OF ACTION ACCRUING PRIOR TO THE EXECUTION OF THE MEMORANDUM. — Petitioner argues that in any case ICMC's immunity cannot apply because this case was filed below before the