Case Summary (G.R. No. 85750)
Certification Election Petition and Initial Rulings in ICMC Case
On 14 July 1986, TUPAS sought a certification election among ICMC’s rank-and-file employees. The Med-Arbiter dismissed it for lack of jurisdiction, citing ICMC’s claimed diplomatic immunity. On appeal, BLR Director Calleja reversed and ordered an election.
Grant of Specialized Agency Status and Claim of Immunity by ICMC
DEFORAF granted ICMC specialized agency status on 15 July 1988 under a Memorandum of Agreement, conferring diplomatic privileges and immunities. ICMC’s motions to dismiss the election petition were denied by BLR. ICMC filed certiorari and secured a temporary restraining order.
Executive Branch Determinations and Writ of Certiorari
DEFORAF intervened, asserting its authority over diplomatic immunities. By July 1989, the Supreme Court required memoranda on whether ICMC’s immunity exempts it from Philippine labor laws.
Background of the IRRI Research Institute
Established by a 1959 MOU and registered as a private corporation, IRRI was conferred international organization status with full immunities by PD 1620 (1979). Its mandate is basic and applied research on rice for global food security.
Certification Election Petition and Initial Rulings in IRRI Case
On 20 April 1987, Kapisanan filed for a direct certification election at IRRI. Med-Arbiter Garcia dismissed it under PD 1620. The BLR Director reversed, ordering an election based on Labor Code Art. 243 and Constitution Art. XIII §3. The Secretary of Labor later dismissed the petition, upholding IRRI’s immunity, prompting certiorari by Kapisanan.
Constitutional and International Law Framework for Diplomatic Immunity
Under the 1987 Constitution (Art II §2), international law is part of domestic law. The 1947 Convention on Privileges and Immunities of Specialized Agencies (ratified 1950), ICMC’s MOA, and PD 1620 explicitly grant immunity from all legal processes except by express waiver.
Scope and Justification of International Organization Immunities
Specialized agencies enjoy immunity to ensure functional independence, protect common international funds, and prevent host-state interference. Jurisdiction by Philippine authorities would undermine impartial fulfillment of each agency’s international mandate.
Employee Remedies and Limits on Immunity
International immunities do not deny employees all recourse. The 1947 Convention requires agencies to establish modes of settlement for private disputes. ICMC’s MOA permits withdrawal of immunity upon abuse. IRRI has an internal Council on Employees and Manage
...continue readingCase Syllabus (G.R. No. 85750)
Procedural History
- Two separate petitions (G.R. No. 85750 and G.R. No. 89331) were consolidated on December 11, 1989, due to common issues on immunity from Philippine labor laws.
- In the ICMC case (G.R. No. 85750), TUPAS filed a Petition for Certification Election on July 14, 1986; Med-Arbiter dismissed it (Feb. 5, 1987); BLR Director Calleja reversed and ordered election.
- ICMC secured specialized‐agency status and diplomatic immunities on July 15, 1988; BLR Director denied motions to dismiss and ordered a pre-election conference.
- ICMC filed for certiorari with preliminary injunction (Nov. 24, 1988); Court issued a TRO (Nov. 28, 1988); DEFORAF intervened (Jan. 10, 1989).
- In the IRRI case (G.R. No. 89331), Kapisanan filed for direct certification election (Apr. 20, 1987); Med-Arbiter dismissed (July 7, 1987); BLR Director set aside dismissal; Secretary of Labor reversed BLR Director (July 5, 1989).
- Kapisanan petitioned for certiorari against Secretary’s dismissal; respondents were required to comment; Solicitor General later excused from commenting.
Facts – ICMC
- Post-Vietnam War refugee crisis led to a February 23, 1981 Agreement between Philippines and UNHCR to establish a refugee processing center in Morong, Bataan.
- ICMC, incorporated in New York at the Holy See's request, was accredited by the Philippine Government to operate the center and held ECOSOC Consultative Status.
- ICMC’s request for “specialized agency” status was pending at the time of the BLR orders, and was granted on July 15, 1988 via Memorandum of Agreement with DEFORAF.
- Employees sought union certification through TUPAS; ICMC invoked diplomatic immunity to resist Philippine labor regulation.
Facts – IRRI
- On December 9, 1959, the Philippine Government and the Ford and Rockefeller Foundations established IRRI in Los Baños, Laguna for rice research.
- IRRI was initially a private non-stock corporation; on April 19, 1979, Presidential Decree No. 1620 conferred upon it the status, prerogatives, privileges and immunities of an international organization.
- Kapisanan, the local IRRI union under OLALIA, filed for certification election; IRRI invoked Decree 1620 immunity; Med-Arbiter dismissed; BLR Director reversed; Secretary of Labor set aside BLR Director.
Issues
- Whether the g