T/SGT Aldora Larkins vs National Labor relations Commission

Fact:
Petitioner was a member of United State Air Force assigned to oversee
dormitories of Third Aircraft Generation Squadron (3 AGS) at Clark Air Base
Pampanga. 3 AGS terminated the contract for maintenance of dormitories with
De Guzman Custodial Services. It was left to new contractor JAC Maintenance
Service owned by Joselito Cunanan and decide whether it would retain services.
Cunanan decided to bring in his own workers.
Compaint was filed against Larkins, Lt. Cor Frankhauser for illegal dismissal and
underpayment of wages and added claims for emergency, cost of living
allowance, etc.
Petitioner failed to answer the complaint and appear to hearings, thus the Labor
Arbiter rendered the decision granting all claims of private respondents and
found both the Petitoner and Lt. Col. Frankhauster guilty of illegal dismissal.
Petitioner appealed but NLRC affirmed the decision or the Labor Arbiter, but
declared that:
In the event this decison is executed and/or enforced and considering
our finding that the real party respondent is the United States Government
through its Armed Forces stattioned at Clark Air Base, let such execution be
made subject to existing international agreement and diplomatic protocol
Issue:
Whether or not the Labor Arbiter had jurisdiction to entertain and decide the
case, on the basis of lack of proper jurisdiction over the person of the petitoner
and violation of RP-US Base Agreement and / or submission of the Government of
America to the jurisdiction of the Labor Arbiter.
Held:
Petition was granted. The Labor Arbiter did not follow the procedure under R.P. U.S. Agreement under Article XIV. In this case, summons was addressed to Lt. Col.
Frankhauser instead to the Base Commander , or if he withholds giving
permission to serve the summons, he should instead designate another person to
serve the process and obtain ther servers affidavit for filing with the
appropriate court. It is basic that Labor Arbiter cannot acquire jurisdiction over
the person of the respondent without the latter being served with summons.
Although petitioner, participated in the NLRC, it does not constitute on the
waiver of lack of summons and voluntary submssion of her person to the
jurisdiction of the Labor Arbiter.

On the assumption that petitioner validly waived service of summons, the case
still not prosper since no alegation that Lt. Col. Frankhausser and petitioner
were being sued in their personal capacitites for tortuous acts.
NLRC admitted that they are aware as to the real party respondent in the case,
which is the Government of the United States of America which is maintaining
military facilities in the Philippines and Larkins and Frankhauser are mere
elements of the USAF, thus watever awards, monetary or otherwise, the
applelles are entitled to by virtue of this case are the primary liabilities of their
real employer, the United States Government and the state may not be sued
without its consent or voluntary submission to the jurisdiction of the court.
Under the Base Labor Agreement between Govt of RP and US, if no agreement
was reached or if the grievance procedure failed, the dispute was appealable by
either party to a Joint Committee .
In this case, no jurisdiction was ever acquired by the Labor Arbiter over the case
and the person of petitioner and the judgment rendered is null and void.