August 2017 - page 3

FACTS: Private respondent was employed by the Southeast Asian Fisheries Development Center – Aquaculture Department (SEAFDEC) until he was terminated due to the organization experiencing financial constraints and was assured to receive separation benefits. He filed a complaint with the National Labor Relations Commission (NLRC) against SEAFDEC for the latter’s failure to pay separation pay. ISSUE(S): Whether or not NLRC has jurisdiction to hear and decide given SEAFDEC’s immunity from suit. HELD: NO. Being an intergovernmental organization, SEAFDEC enjoys functional independence and freedom form control of the State in whose territory its office is located.

Keep Reading

FACTS: Petitioner is a recognized official of the World Health Organization. His personal belongings contained in twelve crates entered the Philippines as unaccompanied baggage were allowed free entry from duties and taxes. Respondent judge issued a search warrant upon the request of respondent officers of the Constabulary Offshore Action Center (COSAC) for alleged violation of the Tariff and Customs Code. ISSUE(S): Whether or not search and seizure of petitioner’s personal belongings was legal. HELD: NO. Petitioner is entitled to diplomatic immunity as recognized by the executive branch of the government. Such diplomatic immunity carries with it, among other diplomatic privileges…

Keep Reading

FACTS: Petitioner filed a petition for habeas corpus, asserting that a Filipino citizen who adhered to the enemy, giving the latter aid and comfort during the Japanese occupation cannot be prosecuted for the crime of treason for the reasons: (1) that the sovereignty of the legitimate government of the Philippines and the correlative allegiance of the Filipino citizens thereto was then suspended; (2) there was a change of sovereignty over the islands upon the proclamation of the Philippine Republic. ISSUE(S): Whether or not enemy occupation has the effect of suspending the allegiance of a Filipino citizen to their government. HELD:…

Keep Reading