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ELDEPIO LASCO v. UNRFNRE

FACTS:

The petitioners in this case were dismissed from their employment with the United Nations Revolving Fund for Natural Resources Exploration (UNRFNRE), a special fund and subsidiary organ of the United Nations. They filed complaints for illegal dismissal and damages with the National Labor Relations Commission (NLRC). The private respondent, UNRFNRE, filed a motion to dismiss, alleging that it enjoyed diplomatic immunity under the 1946 Convention on the Privileges and Immunities of the United Nations. The Department of Foreign Affairs confirmed the immunity from suit in a letter.

The Labor Arbiter dismissed the complaints based on this immunity, which was affirmed by the NLRC in its resolution. The petitioners filed a petition for certiorari without first seeking reconsideration of the NLRC resolution. The court noted that ordinarily, certiorari will not lie without first filing a motion for reconsideration before the tribunal. However, given the implications of the issue in international relations, the court decided to give due course to the petition.

The petitioners argued that the mining exploration and exploitation activities of UNRFNRE were outside the official functions of an international agency protected by diplomatic immunity. They also argued that UNRFNRE waived its immunity by engaging in exploration work and entering into a contract of employment with them.

The Office of the Solicitor General argued that UNRFNRE was covered by diplomatic immunity as a specialized agency of the United Nations.

ISSUES:

RULING:

PRINCIPLES:

  • Certiorari as a special civil action under Rule 65 of the Revised Rules of Court will not lie unless a motion for reconsideration is first filed before the respondent tribunal, except in recognized exceptions. (Liberty Insurance Corporation v. Court of Appeals)

  • Article 223 of the Labor Code of the Philippines provides that decisions of the National Labor Relations Commission (NLRC) are final and executory.

  • The 1946 Convention on the Privileges and Immunities of the United Nations and the Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations protect international agencies, such as the United Nations Revolving Fund for Natural Resources Exploration (UNRFNRE), from lawsuits and ensure diplomatic immunity.