THIRD DIVISION

[G.R. No. 106483. May 22, 1995.]

ERNESTO L. CALLADO , petitioner, vs. INTERNATIONAL RICE

RESEARCH INSTITUTE , respondent.

Benedicto R. Palacol for petitioner.

Jimenez & Associates for private respondent.

SYLLABUS

1. POLITICAL LAW; INTERNATIONAL LAW; INTERNATIONAL RICE RESEARCH

INSTITUTE (IRRI); IMMUNE FROM SUIT. IRRI's immunity from suit is undisputed.
Presidential Decree No. 1620, Article 3 provides that the Institute shall enjoy immunity
from any penal, civil and administrative proceedings, except insofar as that immunity has
been expressly waived by the Director-General of the Institute or his authorized
representatives. The grant of immunity to IRRI is clear and unequivocal and an express
waiver by its Director-General is the only way by which it may relinquish or abandon this
immunity.
2. ID.; ID.; ID.; ID.; REASON. We held that "(t)he raison d'etre for these immunities is
the assurance of unimpeded performance of their functions by the agencies concerned.
The grant of immunity from local jurisdiction to . . . and IRRI is clearly necessitated by their
international character and respective purposes. The objective is to avoid the danger of
partiality and interference by the host country in their internal workings. The exercise of
jurisdiction by the Department of Labor in these instances would defeat the very purpose
of immunity, which, is to shield the affairs of international organizations, in accordance
with international practice, from political pressure or control by the host country to the
prejudice of member States of the organization, and to ensure the unhampered
performance of their functions."
3. ID.; ID.; ID.; ABSENCE OF EXPRESS WAIVER IN CASE AT BENCH. On the matter of
waiving its immunity from suit, IRRI had, early on, made its position clear. Through counsel,
the Institute wrote the Labor Arbiter categorically informing him that the Institute will not
waive its diplomatic immunity. In the second place, petitioner's reliance on the
Memorandum with "Guidelines in handling cases of dismissal of employees in relation to
P.D. 1620" dated July 26, 1983, is misplaced. From the last paragraph of the foregoing
quotation, it is clear that in cases involving dismissed employees, the Institute may waive
its immunity, signifying that such waiver is discretionary on its part. We agree with private
respondent IRRI that this memorandum cannot, by any stretch of the imagination, be
considered the express waiver by the Director-General. The memorandum, issued by the
former Director-General to a now-defunct division of the IRRI, was meant for internal
circulation and not as a pledge of waiver in all cases arising from dismissal of employees.
Moreover, the IRRI's letter to the Labor Arbiter in the case at bench made in 1991 declaring
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 that it has no intention of waiving its immunity, at the very least, supplants any
pronouncement of alleged waiver issued in previous cases.
4. CONSTITUTIONAL LAW; BILL OF RIGHTS; DUE PROCESS; PARTY NOT DENIED
THEREOF WHERE HE WAS GIVEN PROPER NOTICE AND ADEQUATE OPPORTUNITY TO
REFUTE CHARGES AND FINDINGS; CASE AT BENCH. Petitioner's allegation that he was
denied due process is unfounded and has no basis. It is not denied that he was informed
of the ndings and charges resulting from an investigation conducted of his case in
accordance with IRRI policies and procedures. He had a chance to comment thereon in a
Memorandum he submitted to the Manager of the Human Resource and Development
Department. Therefore, he was given proper notice and adequate opportunity to refute the
charges and findings, hereby fulfilling the basic requirements of due process.

DECISION

ROMERO , J : p

Did the International Rice Research Institute (IRRI) waive its immunity from suit in
this dispute which arose from an employer-employee relationship?
We rule in the negative and vote to dismiss the petition.
Ernesto Callado, petitioner, was employed as a driver at the IRRI from April 11,
1983 to December 14, 1990. On February 11, 1990, while driving an IRRI vehicle on an
of cial trip to the Ninoy Aquino International Airport and back to the IRRI, petitioner
figured in an accident. prcd

Petitioner was informed of the ndings of a preliminary investigation conducted

by the IRRI's Human Resource Development Department Manager in a Memorandum
dated March 5, 1990. 1 In view of the aforesaid findings, he was charged with:
"(1) Driving an institute vehicle while on of cial duty under the in uence of
liquor;
(2) Serious misconduct consisting of your failure to report to your supervisors
the failure of your vehicle to start because of a problem with the car battery
which, you alleged, required you to overstay in Manila for more than six (6) hours,
whereas, had you reported the matter to IRRI, Los Banos by telephone, your
problem could have been solved within one or two hours;

(3) Gross and habitual neglect of your duties." 2

In a Memorandum dated March 9, 1990, petitioner submitted his answer and

defenses to the charges against him. 3 After evaluating petitioner's answer,
explanations and other evidence, IRRI issued a Notice of Termination to petitioner on
December 7, 1990. 4
Thereafter, petitioner led a complaint on December 19, 1990 before the Labor
Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and
exemplary damages and attorney's fees.
On January 2, 1991, private respondent IRRI, through counsel, wrote the Labor
Arbiter to inform him that the Institute enjoys immunity from legal process by virtue of
Article 3 of Presidential Decree No. 1620, 5 and that it invokes such diplomatic
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 immunity and privileges as an international organization in the instant case led by
petitioner, not having waived the same. 6
IRRI likewise wrote in the same tenor to the Regional Director of the Department
of Labor and Employment. 7
While admitting IRRI's defense of immunity, the Labor Arbiter, nonetheless, cited
an Order issued by the Institute on August 13, 1991 to the effect that "in all cases of
termination, respondent IRRI waives its immunity," 8 and, accordingly, considered the
defense of immunity no longer a legal obstacle in resolving the case. The dispositive
portion of the Labor Arbiter's decision dated October 31, 1991, reads: prcd

"WHEREFORE, premises considered, judgment is hereby rendered ordering

respondent to reinstate complainant to his former position without loss or (sic)
seniority rights and privileges within ve (5) days from receipt hereof and to pay
his full backwages from March 7, 1990 to October 31, 1991, in the total amount
of P83,048.75 computed on the basis of his last monthly salary." 9

The NLRC found merit in private respondent's appeal and, nding that IRRI did
not waive its immunity, ordered the aforesaid decision of the Labor Arbiter set aside
and the complaint dismissed. 1 0
Hence, this petition where it is contended that the immunity of the IRRI as an
international organization granted by Article 3 of Presidential Decree No. 1620 may not
be invoked in the case at bench inasmuch as it waived the same by virtue of its
Memorandum on "Guidelines on the handling of dismissed employees in relation to P.D.
1620." 1 1
It is also petitioner's position that a dismissal of his complaint before the Labor
Arbiter leaves him no other remedy through which he can seek redress. He further
states that since the investigation of his case was not referred to the Council of IRRI
Employees and Management (CIEM), he was denied his constitutional right to due
process.
We find no merit in petitioner's arguments.
IRRI's immunity from suit is undisputed.
Presidential Decree No. 1620, Article 3 provides:
"Art. 3. Immunity from Legal Process. The Institute shall enjoy immunity from
any penal, civil and administrative proceedings, except insofar as that immunity
has been expressly waived by the Director-General of the Institute or his
authorized representatives."

In the case of International Catholic Migration Commission v. Hon. Calleja, et al.

and Kapisanan ng Manggagawa at TAC sa IRRI v. Secretary of Labor and Employment
and IRRI, 1 2 the Court upheld the constitutionality of the aforequoted law. After the
Court noted the letter of the Acting Secretary of Foreign Affairs to the Secretary of
Labor dated June 17, 1987, where the immunity of IRRI from the jurisdiction of the
Department of Labor and Employment was sustained, the Court stated that this opinion
constituted "a categorical recognition by the Executive Branch of the Government that .
. . IRRI enjoy(s) immunities accorded to international organizations, which
determination has been held to be a political question conclusive upon the Courts in
order not to embarrass a political department of Government." 1 3 We cited the Court's
earlier pronouncement in WHO v. Hon. Benjamin Aquino, et al., 1 4 to wit: cdrep

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 "It is a recognized principle of international law and under our system of
separation of powers that diplomatic immunity is essentially a political question
and courts should refuse to look beyond a determination by the executive branch
of the government, and where the plea of diplomatic immunity is recognized and
af rmed by the executive branch of the government as in the case at bar, it is
then the duty of the courts to accept the claim of immunity upon appropriate
suggestion by the principal law of cer of the government . . . or other of cer
acting under his direction. Hence, in adherence to the settled principle that courts
may not so exercise their jurisdiction . . . as to embarrass the executive arm of the
government in conducting foreign relations, it is accepted doctrine that in such
cases the judicial department of (this) government follows the action of the
political branch and will not embarrass the latter by assuming an antagonistic
jurisdiction." 1 5

Further, we held that "(t)he raison d'etre for these immunities is the assurance of
unimpeded performance of their functions by the agencies concerned.

"The grant of immunity from local jurisdiction to . . . and IRRI is clearly

necessitated by their international character and respective purposes. The
objective is to avoid the danger of partiality and interference by the host country
in their internal workings. The exercise of jurisdiction by the Department of Labor
in these instances would defeat the very purpose of immunity, which is to shield
the affairs of international organizations, in accordance with international
practice, from political pressure or control by the host country to the prejudice of
member States of the organization, and to ensure the unhampered performance
of their functions." 1 6

The grant of immunity to IRRI is clear and unequivocal and an express waiver by
its Director-General is the only way by which it may relinquish or abandon this immunity.
On the matter of waiving its immunity from suit, IRRI had, early on, made its
position clear. Through counsel, the Institute wrote the Labor Arbiter categorically
informing him that the Institute will not waive its diplomatic immunity. In the second
place, petitioner's reliance on the Memorandum with "Guidelines in handling cases of
dismissal of employees in relation to P.D. 1620" dated July 26, 1983, is misplaced. The
Memorandum reads, in part: prcd

"Time and again the Institute has reiterated that it will not use its immunity under
P.D. 1620 for the purpose of terminating the services of any of its employees.
Despite continuing efforts on the part of IRRI to live up to this undertaking, there
appears to be apprehension in the minds of some IRRI employees. To help allay
these fears the following guidelines will be followed hereafter by the
Personnel/Legal Office while handling cases of dismissed employees.

xxx xxx xxx

2. Notification/manifestation to MOLE or labor arbiter
If and when a dismissed employee les a complaint against the Institute
contesting the legality of dismissal, IRRI's answer to the complaint will:

1) Indicate in the identi cation of IRRI that it is an international organization

operating under the laws of the Philippines including P.D. 1620. and
2) Base the defense on the merits and facts of the case as well as the legality
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 of the cause or causes for termination.
3. Waiving immunity under P.D. 1620
If the plaintiff's attorney or the arbiter, asks if IRRI will waive its immunity we may
reply that the Institute will be happy to do so, as it has in the past in the formal
manner required thereby reaf rming our commitment to abide by the laws of the
Philippines and our full faith in the integrity and impartially of the legal system."
1 7 (Emphasis in this paragraph ours)

From the last paragraph of the foregoing quotation, it is clear that in cases
involving dismissed employees, the Institute may waive its immunity, signifying that
such waiver is discretionary on its part.
We agree with private respondent IRRI that this memorandum cannot, by any
stretch of the imagination, be considered the express waiver by the Director-General.
Respondent Commission has quoted IRRI's reply thus:
"The 1983 . . . is an internal memo addressed to Personnel and Legal
Of ce and was issued for its guidance in handling those cases where IRRI opts to
waive its immunity. It is not a declaration of waiver for all cases. This is apparent
from the use of the permissive term "may" rather than the mandatory term "shall"
in the last paragraph of the memo. Certainly, the memo cannot be considered as
the express waiver by the Director General as contemplated by P.D. 1620,
especially since the memo was issued by a former Director-General. At the very
least, the express declaration of the incumbent Director-General supersedes the
1983 memo and should be accorded greater respect. It would be equally
important to point out that the Personnel and Legal Of ce has been non-existent
since 1988 as a result of major reorganization of the IRRI. Cases of IRRI before
DOLE are handled by an external Legal Counsel as in this particular case." 1 8
(Emphasis supplied)
The memorandum, issued by the former Director-General to a now-defunct
division of the IRRI, was meant for internal circulation and not as a pledge of waiver in
all cases arising from dismissal of employees. Moreover, the IRRI's letter to the Labor
Arbiter in the case at bench made in 1991 declaring that it has no intention of waiving
its immunity, at the very least, supplants any pronouncement of alleged waiver issued in
previous cases. prLL

Petitioner's allegation that he was denied due process is unfounded and has no
basis.
It is not denied that he was informed of the ndings and charges resulting from
an investigation conducted of his case in accordance with IRRI policies and procedures.
He had a chance to comment thereon in a Memorandum he submitted to the Manager
of the Human Resource and Development Department. Therefore, he was given proper
notice and adequate opportunity to refute the charges and ndings, hereby ful lling the
basic requirements of due process.
Finally, on the issue of referral to the Council of IRRI Employees and Management
(CIEM), petitioner similarly fails to persuade the Court.
The Court, in the Kapisanan ng mga Manggagawa at TAC sa IRRI case, 1 9 held:
"Neither are the employees of IRRI without remedy in case of dispute with
management as, in fact, there had been organized a forum for better
management-employee relationship as evidenced by the formation of the Council
of IRRI Employees and Management (CIEM) wherein 'both management and
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 employees were and still are represented for purposes of maintaining mutual and
bene cial cooperation between IRRI and its employees.' The existence of this
Union factually and tellingly belies the argument that Pres. Decree No. 1620,
which grants to IRRI the status, privileges and immunities of an international
organization, deprives its employees of the right to self-organization."
We have earlier concluded that petitioner was not denied due process, and this,
notwithstanding the non-referral to the Council of IRRI Employees and Management.
Private respondent correctly pointed out that petitioner, having opted not to seek the
help of the CIEM Grievance Committee, prepared his answer by his own self. 2 0 He
cannot now fault the Institute for not referring his case to the CIEM. prLL

IN VIEW OF THE FOREGOING, the petition for certiorari is DISMISSED. No costs.

SO ORDERED.
Feliciano, Melo and Vitug, JJ., concur.
Francisco, J., is on leave.

Footnotes

1. Rollo, p. 83.
2. Rollo, pp. 84-85.
3. Rollo, p. 86.

4. Rollo, p. 90.
5. "Granting to the International Rice Research Institute (IRRI) the Status, Prerogatives,
Privileges and Immunities of an International Organization."

6. Letter to Hon. Numeriano D. Villena, dated January 2, 1991. Rollo, p. 92.

7. Rollo, p. 94.
8. Rollo, p. 99.
9. Rollo, p. 114.

10. Decision dated March 20, 1992; Penned by Commissioner Ireneo B. Bernardo, with
Presiding Commissioner Lourdes C. Javier and Commissioner Rogelio I. Rayala
concurring. Rollo, p. 72.
11. Memorandum dated July 26, 1983, from the Director General to the Personnel and
Legal Office Rollo, at Rollo, p. 47; Rollo, p. 31.
12. G.R. No. 85750 and G.R. No. 89331, September 28, 1990, 190 SCRA 130.
13. Supra at pp. 139-140.
14. G.R. No. L-35131, November 29, 1972, 48 SCRA 242.
15. 190 SCRA 140.
16. Supra, p. 143.
17. Rollo, p. 47.
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 18. Rollo, p. 77.

19. G.R. No. 89331, September 28, 1990, 190 SCRA 130.
20. Rollo, p. 69.

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