MORALES, MARIVIC A.

Labor Law I Block A

Case No. 40
Date: July 4, 2016

INTERNATIONAL CATHOLIC IMMIGRATION COMMISSION vs.

HON. PURA CALLEJA
G.R. No. 85750 September 28, 1990
FACTS:
Petitioner ICMC was one of those accredited by the Philippine Government to operate the
refugee processing center in Morong, Bataan. It was incorporated in New York, USA, at the
request of the Holy See, as a non-profit agency involved in international humanitarian and
voluntary work and was duly registered with the United Nations Economic and Social Council
(UNECOSOC). Being an international organization rendering voluntary and humanitarian
services in the country, its activities are parallel to those of the International Committee for
Migration (ICM) and the International Committee of the Red Cross (ICRC).
On 14 July 1986, the Trade Unions of the Philippines and Allied Services (TUPAS) filed for a
Petition for Certification Election among the rank and file members employed by ICMC. The
latter opposed the petition on the ground it enjoys diplomatic immunity, being an international
organization. The Med-Arbiter dismissed the petition for lack of jurisdiction but was reversed by
BLR on appeal and ordered the immediate conduct of a certification election. The ICMC sought
for its immediate dismissal but the same was denied; its two Motions for Reconsideration were
also denied despite an opinion rendered by DEFORAF that said BLR Order violated ICMCs
diplomatic immunity.
ISSUE:
Whether or not the grant of diplomatic privileges and immunities to ICMC extend immunity
from the application of Philippine labor laws?
RULING:
The grant of immunity from local jurisdiction to ICMC is clearly necessitated by their
international character and respective purposes. The objective is to avoid the danger of partiality
and interference by the host country in their internal workings. The exercise of jurisdiction by the
Department of Labor in these instances would defeat the very purpose of immunity, which is to
shield the affairs of international organizations, in accordance with international practice, from
political pressure or control by the host country to the prejudice of member States of the
organization, and to ensure the unhampered performance of their functions.
Employees are not without recourse whenever there are disputes to be settled because each
specialized agency shall make provision for appropriate modes of settlement of disputes out of
contracts or other disputes of private character to which the specialized agency is a party.
Moreover, pursuant to Article IV of Memorandum of Abuse of Privilege by ICMC, the
government is free to withdraw the privileges and immunities accorded.