SEAFDEC-AQD Vs NLRC - Digest

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SEAFDEC-AQD vs NLRC
FACTS:
This is a petition for certiorari to annul and set aside the decision of the NLRC sustaining the labor
arbiter, in holding herein petitioners liable to pay private respondent the amount of P126,458.89 plus
interest thereon computed from May 16, 1986 until full payment thereof is made, as separation pay and
other post-employment benefits.
On April 20, 1975, private respondent Juvenal Lazaga was employed as a Research Associate an a
probationary basis by the SEAFDEC-AQD and was appointed Senior External Affairs Officer on January 5,
1983 with a monthly basic salary of P8,000.00 and a monthly allowance of P4,000.00. Thereafter, he was
appointed to the position of Professional III and designated as Head of External Affairs Office with the
same pay and benefits.
SEAFDEC-AQD is a department of an international organization, the Southeast Asian Fisheries

Development Center, organized through an agreement entered into in Bangkok, Thailand on December
28, 1967 by the governments of Malaysia, Singapore, Thailand, Vietnam, Indonesia and the Philippines
with Japan as the sponsoring country
On May 8, 1986, petitioner Lacanilao in his capacity as Chief of SEAFDEC-AQD sent a notice of
termination to private respondent informing him that due to the financial constraints being experienced
by the department, his services shall be terminated at the close of office hours on May 15, 1986 and
that he is entitled to separation benefits equivalent to one (1) month of his basic salary for every year of
service plus other benefits.
Upon petitioner SEAFDEC-AQD’s failure to pay private respondent his separation pay, the latter filed on
March 18, 1987 a complaint against petitioners for non-payment of separation benefits plus moral
damages and attorney’s fees with the Arbitration Branch of the NLRC
Petitioners in their answer with counterclaim alleged that the NLRC has no jurisdiction over the case
inasmuch as the SEAFDEC-AQD is an international organization and that private respondent must first
secure clearances from the proper departments for property or money accountability before any claim
for separation pay will be paid, and which clearances had not yet been obtained by the private
respondent.
LABOR ARBITER: ordered petitioner to pay the benefits claimed
NLRC: affirmed the LA.
PETITIONER CONTENDS that:
SEAFDEC-AQD is immune from suit owing to its international character and the complaint is in effect a
suit against the State which cannot be maintained without its consent.
ISSUE:
WON the petitioner is within the scope of application of Philippine labor laws (WON SEAFDEC is
immuned from suit)
HELD:
Petitioner Southeast Asian Fisheries Development Center-Aquaculture Department (SEAFDEC-AQD) is an

international agency beyond the jurisdiction of public respondent NLRC.
Being an intergovernmental organization, SEAFDEC including its Departments (AQD), enjoys functional
independence and freedom from control of the state in whose territory its office is located.
In so far as they are autonomous and beyond the control of any one State, they have a distinct juridical
personality independent of the municipal law of the State where they are situated. As such, according to
one leading authority “they must be deemed to possess a species of international personality of their
own.” (Salonga and Yap, Public International Law, 83 [1956 ed.])
One of the basic immunities of an international organization is immunity from local jurisdiction, i.e.,that
it is immune from the legal writs and processes issued by the tribunals of the country where it is found.
The obvious reason for this is that the subjection of such an organization to the authority of the local
courts would afford a convenient medium thru which the host government may interfere in there
operations or even influence or control its policies and decisions of the organization; besides, such
subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities
impartially on behalf of its member-states.
WHEREFORE, finding SEAFDEC-AQD to be an international agency beyond the jurisdiction of the courts
or local agency of the Philippine government, the questioned decision and resolution of the NLRC dated
July 26, 1988 and January 9, 1989, respectively, are hereby REVERSED and SET ASIDE for having been
rendered without jurisdiction.

SEAFDEC-AQD Vs NLRC - Digest

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SEAFDEC-AQD is a department of an international organization, the Southeast Asian Fisheries

NLRC: affirmed the LA.

PETITIONER CONTENDS that:

Petitioner Southeast Asian Fisheries Development Center-Aquaculture Department (SEAFDEC-AQD) is an

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