Not Be Sued Without Its Consent or Voluntary Submission To The Jurisdiction of The Court

FACTS: Petitioner was a member of the United States Air Force (USAF) assigned to
oversee the dormitories of the Third Aircraft Generation Squadron (3 AGS) at Clark Air
Base, Pampanga. On August 10, 1988, 3 AGS terminated the contract for the
maintenance and upkeep of the dormitories with the De Guzman Custodial Services.
The employees, including private respondents, were allowed to continue working for 3
AGS. It was left to the new contractor, the JAC Maintenance Services owned by Joselito
Cunanan, to decide whether it would retain their services. Cunanan, however, chose to
bring in his own workers. As a result, the workers of the De Guzman Custodial Services
were requested to surrender their base passes to Lt. Col. Frankhauser or to petitioner.
On August 12, 1988, private respondents filed a complaint with the Regional Arbitration
of the NLRC, San Fernando, Pampanga, against petitioner, Lt. Col. Frankhauser, and
Cunanan for illegal dismissal and underpayment of wages.
Petitioner and Lt. Col. Frankhauser failed to answer the complaint and to appear at the
hearings. The case was submitted for decision on the basis of private respondents'
position paper and supporting documents. On November 21, 1988, the Labor Arbiter
rendered a decision granting all the claims of private respondents. He found both Lt.
Col. Frankhauser and petitioner "guilty of illegal dismissal" and ordered them to
reinstate private respondents with full back wages, or if that is no longer possible, to pay
private respondents' separation pay.
Petitioner appealed to the NLRC claiming that the Labor Arbiter never acquired
jurisdiction over her person because no summons or copies of the complaints, both
original and amended, were ever served on her. Petitioner moved for reconsideration,
which NLRC denied but declared that: In the event this decison is executed and/or
enforced and considering our finding that the real party respondent is the United States
Government through its Armed Forces stationed at Clark Air Base, let such execution be
made subject to existing international agreement and diplomatic protocol.
ISSUE: Whether or not the Labor Arbiter had jurisdiction to entertain and decide the
case, on the basis of lack of proper jurisdiction over the person of the petitioner and
violation of RP-US Base Agreement or submission of the Government of America to the
jurisdiction of the Labor Arbiter.
RULING: No. The Labor Arbiter had no jurisdiction over her person under Article XIV of
the RP US Military Bases Agreement. Summonses and other processes issued by
Philippine courts and administrative agencies for USAF personnel within any U.S. base
in the Philippines could be served only with the permission of the Base Commander. If
he withholds giving his permission, he should instead designate another person to serve
the process, and obtain the server's affidavit for filing with the appropriate court.
Respondent Labor Arbiter did not follow said procedure. He instead, addressed the
summons to Lt. Col. Frankhauser and not the Base Commander. It is basic that Labor
Arbiter cannot acquire jurisdiction over the person of the respondent without the latter
being served with summons.
Be that as it may, on the assumption that petitioner validly waived service of summons
on her, still the case could not prosper. There is no allegation from the pleadings filed
that Lt. Col. Frankhauser and petitioner were being sued in their personal capacities for
tortious acts. NLRC admitted that the real party respondent in the case was the
Government of the United States of America which is maintaining military facilities in the
Philippines, and both Larkins and Frankhauser were mere elements of the USAF, thus
whatever awards, monetary or otherwise, the appellees are entitled to the primary
liabilities of their real employer, the United States Government, and the State may
not be sued without its consent or voluntary submission to the jurisdiction of the
court.

Not Be Sued Without Its Consent or Voluntary Submission To The Jurisdiction of The Court

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FACTS: Petitioner was a member of the United States Air Force (USAF) assigned to

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