ICMC V. FERRER-CALLEJA G.R. No.

85750, September 28, 1990 Fact:This is a case of an organization operating in thePhilippines subjected to an attempt to organize alabor union among its employees. ICMC(International Catholic Immigration Commission) wasone of those accredited by the government tooperate the refugee processing center in Morong,Bataan. It was incorporated in New York, USA, atthe request of the Holy See, as a non-profit agencyinvolved in international humanitarian and voluntarywork. The Trade Union of the Philippines (TUPAS)made initial actions, a process called certificationelection, for recognition of a labor union. The ICMCclaims that it is an international organizationregistered with the United Nations and hence enjoysdiplomatic privilege and immunity.MA: Dismissed the case for lack of jurisdiction; BLR:Ordered the immediate conduct of a certificationelection. Issue:Whether or not the ICMC is subject to the Labor Laws of the Phils and therefore, can be compelled torecognize labor unions and proceed with the certification election.. Held:Similar with the case of IRRI, (The International Rice Research Institute)there can be no question that diplomatic immunityhas, in fact, been granted ICMC and IRRI. Bothenjoy immunities accorded to internationalorganizations, hence, courts may not so exercisetheir jurisdiction as to avoid embarrassing theexecutive arm of the government in conductingforeign relations. [ARTICLE III SEC 4 and 5 of Convention on the Privileges and Immunities of Specialized Agencies, adopted by the UN General Assembly on 21 November 1947 and concurred in by the Philippine Senate throughResolution No. 19 on 17 May 1949]