LABREL DIGEST PRELIM PART 2

- ICMC sought the dismissal of Tupas PCE but it was denied by BLR
International Catholic Migration Commission

- A TRO was granted by the court enjoining the CE

Vs

- The Deforaf filed a Motion for Intervention alleging that it has a

Calleja (Dir of the BLR)

legal interest in the case's outcome

Trade Unions of the Phil and Allied Services (Tupas) WFTU

- ICMC maintains that it is a specialized agency thus immune from
Facts:

the labor laws application

- 2 cases are consolidated which involves the validity of the "claim

- BLR contends that a "CE is not a litigation but a mere

of immunity" by the ICMC and IRRI from the application of the Phil

investigation of a non-adversary, fact-finding character. It is not a

Labor Laws

suit against ICMC, its property, funds or assets, but is the sole

- The plight of Vietnamese refugees confronted the International

concern of the worker's themselves"

Community
- 1981: An agreement was forged between the:

ON IRRI's Case:

1. Phil Govt and

- 1959: The Phil Govt and Ford foundation signed a Memorandum of

2. UN High Commissioner for Refugees

Understanding establishing the IRRI

...whereby

an

operating

center

for

processing

Indio-Chinese

- IRRI was intended as an autonomous, philanthropic, tax-free, non-

refugees for eventual resettlement to other countries was to be

profit, non-stock organization designed to conduct basic research

established in Bataan

on the rice plant

- ICMC wad one of those accredited to operate the refugee

- IRRI was granted the status, prerogatives, privileges and

processing center

immunities of an international organization

It was incorporated in New York as a non-profit agency and was

duly registered

- OLALIA, a legitimate labor organization with an existing local

- 1986: Tupas filed a PCE among the rank and file members

union (the Kapisanan) in R IRRI

employed by ICMC

- U Kapisanan filed a PCE

- ICMC opposed on the ground that it is an international

- IRRI opposed the petition invoking PD 1620 conferring upon it the

organization registered with UN; thus, enjoys diplomatic immunity

status of an international organization and granting it immunity

from all civil, criminal and administrative proceedings under Phil

- Med Arb dismissed the petition for lack of jurisdiction

Laws

- (Appeal) BLR: ordered the conduct of PCE

- Med Arb: Upheld the opposition (x PCE)
- ICMC's request for recognition as a specialized agency was still
pending with the DEFORAF
1988: It was granted, with diplomatic privileges and immunities

- BLR: Authorized the CE among the rank and file ees of IRRI
It held that the immunities and privileges granted to IRRI do not
include exemption from coverage of our labor laws

- Sec of Labor: Dismissed the Petition

The immunity granted being "from every form of legal process

Held: The grant of specialized agency status to IRRI bars DOLE

from exercising jurisdiction over IRRI

except in so far as in any particular case they have expressly

waived their immunity," it is inaccurate to state that a certification
election is beyond the scope of that immunity for the reason that it

- U Kapisanan contends that A.3 PD 1620 is unconatitutional as it

deprives the Filipino workers of their right to form trade unions for
the purpose of CB

is not a suit against ICMC.

-

certification

election

cannot

be

viewed

as

an

independent or isolated process.

- It could tugger off a series of events in the collective

Issue:

bargaining process together with related incidents and/or concerted

1. W/N the PCE should be granted - NO

activities, which could inevitably involve ICMC in the "legal

2. W/N International Organizations are immune from the

process," which includes "any penal, civil and administrative

application of Labor Laws - YES

proceedings."
- The eventuality of Court litigation is neither remote and from

Held:
-

International

which
organization

an

organizatio

set

up

by

agreement between 2 or more states

- Specialized agencies - are international organizations having
functions in particular fields

international

organizations

are

precisely

shielded

to

safeguard them from the disruption of their functions.

- Clauses on jurisdictional immunity are said to be standard
provisions in the constitutions of international Organizations.
- "The immunity covers the organization concerned, its

- The grant of immunity from local jurisdiction to ICMC & IRRI is

property and its assets. It is equally applicable to proceedings in

necessitated by their international character and purposes

personam and proceedings in rem."

- The objective is to avoid the danger of partiality and interference

by host country in their internal workings
- The exercise of jurisdiction by the Dole would defeat the very
purpose of immunity, which is:
1. To shield the affairs of international organizations from
political pressure or control by the host country
2. To ensure the unhampered performance of their functions
- ICMC and IRRI's immunity from local jurisdiction deprives labor of
its basic rights as guaranteed and implemented by:
1. Art 2 Sec 18
2. Art 3 Sec 8
3. Art 13 Sec 3
4. Art 243 and 246 of LC