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    26 Jusmag Philippines vs. NLRC

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    Mavic Morales
    Florencio Sacramento was dismissed from his position as an illustrator at JUSMAG Philippines, a joint military assistance group created by an agreement between the US and Philippines. He filed a complaint alleging illegal dismissal. JUSMAG argued it had immunity from lawsuits as an agency of the US. The Supreme Court ruled that JUSMAG had immunity because it was performing governmental functions on behalf of the US pursuant to their agreement. Under principles of international law, states generally have immunity from lawsuits in other states without consent. Therefore, the complaint against JUSMAG could not succeed.

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    26 Jusmag Philippines vs. NLRC

    Uploaded by

    Mavic Morales
    2K views2 pages
    Florencio Sacramento was dismissed from his position as an illustrator at JUSMAG Philippines, a joint military assistance group created by an agreement between the US and Philippines. He filed a complaint alleging illegal dismissal. JUSMAG argued it had immunity from lawsuits as an agency of the US. The Supreme Court ruled that JUSMAG had immunity because it was performing governmental functions on behalf of the US pursuant to their agreement. Under principles of international law, states generally have immunity from lawsuits in other states without consent. Therefore, the complaint against JUSMAG could not succeed.

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    Labor digest

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    26 Jusmag Philippines vs. Nlrc

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    Florencio Sacramento was dismissed from his position as an illustrator at JUSMAG Philippines, a joint military assistance group created by an agreement between the US and Philippines. He filed a complaint alleging illegal dismissal. JUSMAG argued it had immunity from lawsuits as an agency of the US. The Supreme Court ruled that JUSMAG had immunity because it was performing governmental functions on behalf of the US pursuant to their agreement. Under principles of international law, states generally have immunity from lawsuits in other states without consent. Therefore, the complaint against JUSMAG could not succeed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    26 Jusmag Philippines vs. NLRC

    Uploaded by

    Mavic Morales
    Florencio Sacramento was dismissed from his position as an illustrator at JUSMAG Philippines, a joint military assistance group created by an agreement between the US and Philippines. He filed a complaint alleging illegal dismissal. JUSMAG argued it had immunity from lawsuits as an agency of the US. The Supreme Court ruled that JUSMAG had immunity because it was performing governmental functions on behalf of the US pursuant to their agreement. Under principles of international law, states generally have immunity from lawsuits in other states without consent. Therefore, the complaint against JUSMAG could not succeed.

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    MORALES, MARIVIC A.

    Case No. 26

    Labor Law II Block A

    JUSMAG PHILIPPINES vs. NLRC et. al.


    G.R. No. 108813, December 15, 1994
    FACTS:
    Florencio Sacramento, respondent was one of the 74 security assistance support personnel
    (SASP) working at JUSMAG-Philippines. He had been with JUSMAG from December 18,
    1969, until his dismissal on April 27, 1992. When dismissed, he held the position of Illustrator 2
    and was the incumbent President of JUSMAG Philippines-Filipino Civilian Employees
    Association (JPFCEA), a labor organization duly registered with the Department of Labor and
    Employment. His services were terminated allegedly due to the abolition of his position. He was
    also advised that he was under administrative leave until April 27, 1992, although the same was
    not charged against his leave.
    Sacramento filed a complaint with the Department of Labor and Employment on the ground that
    he was illegally suspended and dismissed from service by JUSMAG. He asked for his
    reinstatement.
    JUSMAG then filed a Motion to Dismiss invoking its immunity from suit as an agency of the
    United States. It further alleged lack of employer-employee relationship and that it has no
    juridical personality to sue and be sued.
    ISSUE:
    Whether JUSMAG Philippines, created pursuant to an agreement between the United States and
    Philippines, with primary task of advising and assisting the Philippines on air force and naval
    matters, can be sued for violation of Philippine labor laws?
    HELD:
    No It is apparent that when JUSMAG took the services of private respondent, it was performing
    a governmental function on behalf of the United States pursuant to the Military Assistance
    Agreement dated March 21, 1947. Hence, we agree with petitioner that the suit is, in effect, one
    against the United States Government, albeit it was not impleaded in the complaint. Considering
    that the United States has not waived or consented to the suit, the complaint against JUSMAG
    cannot not prosper.
    In this jurisdiction, we recognize and adopt the generally accepted principles of international law
    as part of the law of the land. Immunity of State from suit is one of these universally recognized
    principles. In international law, "immunity" is commonly understood as an exemption of the state
    and its organs from the judicial jurisdiction of another state. This is anchored on the principle of
    the sovereign equality of states under which one state cannot assert jurisdiction over another in
    violation of the maxim par in parem non habet imperium (an equal has no power over an equal).

    Under the traditional rule of State immunity, a state cannot be sued in the courts of another State,
    without its consent or waiver. However, in Santos, et al., vs. Santos, et al., we recognized an
    exception to the doctrine of immunity from suit by a state, thus:
    Nevertheless, if, where and when the state or its government enters into a contract, through its
    officers or agents, in furtherance of a legitimate aim and purpose and pursuant to constitutional
    legislative authority, whereby mutual or reciprocal benefits accrue and rights and obligations
    arise therefrom, and if the law granting the authority to enter into such contract does not provide
    for or name the officer against whom action may be brought in the event of a breach thereof, the
    state itself may be sued, even without its consent, because by entering into a contract, the
    sovereign state has descended to the level of the citizen and its consent to be sued is implied
    from the very act of entering into such contract.

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