LASCO VS.
UNITED NATIONS REVOLVING FUND FOR NATURAL RESOURCES EXPLORATION
G.R. Nos. 109095-109107. February 23, 1995
FACTS
Lasco et.al. were dismissed from their employment with private respondent, the United Nations
Revolving Fund for Natural Resources Exploration (UNRFNRE),
UNRFNRE is a special fund and subsidiary organ of the United Nations; a joint project of the
Philippine Government and the United Nations for exploration work in Dinagat Island
UNRFNRE- filed for motion to dismiss; no jurisdiction over its personality since it enjoyed
diplomatic immunity pursuant to the 1946 Convention on the Privileges and Immunities of the
United Nations.
Petitioners' motion for reconsideration was denied.
Thus, an appeal was filed with the NLRC, which affirmed the dismissal of the complaints in its
Resolution dated January 25, 1993. (NLRC- National Labor Relations Commission)
Petitioners filed the instant petition for certiorari without first seeking a reconsideration of the
NLRC resolution.
DISCUSSION
Article 223 of the Labor Code of the Philippines, as amended, provides that decisions of the
NLRC are final and executory.
May only be questioned through certiorari as a special civil action under Rule 65 of the Revised
Rules of Court.
Certiorari as a special civil action will not lie unless a motion for reconsideration is first filed
before the respondent tribunal, to allow it an opportunity to correct its assigned errors
In the case at bench, petitioners' failure to file a motion for reconsideration is fatal to the instant
petition. Moreover, the petition lacks any explanation for such omission, which may merit its
being considered as falling under the recognized exceptions to the necessity of filing such
motion
Nonetheless, it was given due course because of the implications of the issue in international
relations.
Petitioners:
(1) argued that the acts of mining exploration and exploitation are outside the official functions of
an international agency protected by diplomatic immunity
(2) invoked the constitutional mandate that the State shall afford full protection to labor and
promote full employment and equality of employment opportunities for all
OSG:
(1) Respondent is covered by the mantle of diplomatic immunity as a specialized agency of the
United Nations
(2) Under Article 105 of the Charter of the United Nations: The Organization shall enjoy in the
territory of its Members such privileges and immunities as are necessary for the fulfillment of its
purposes.
Representatives of the Members of the United Nations and officials of the Organization
shall similarly enjoy such privileges and immunities as are necessary for the independent
exercise of their functions in connection with the Organization."
Being a member of the United Nations and a party to the Convention on the Privileges and
Immunities of the Specialized Agencies of the United Nations, the Philippine Government
adheres to the doctrine of immunity granted to the United Nations and its specialized agencies.
Immunity is necessary to assure unimpeded performance of their functions. The purpose 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"
Our courts can only assume jurisdiction over private respondent if it expressly waived its
immunity, which is not so in the case at bench
Private respondent is not engaged in a commercial venture in the Philippines. Its presence here
is by virtue of a joint project entered into by the Philippine Government and the United Nations
for mineral exploration in Dinagat Island
