Aldora Larkins vs National Labor Relations Commission

G.R. No. 92432 – 311 Phil. 687 – 241 SCRA 598 – Political Law – Constitutional Law – State Immunity From Suit – Suit Against Public Officers

Sgt. Aldora Larkins was an American and a member of the US Air Force assigned at the Clark Air Base, Pampanga. She was in charge of the dormitories. The maintenance of the dormitories were contracted with De Guzman Custodial Services (DGCS), a Filipino company. DGCS employed Daniel Herrera et al. to carry out the contract agreement. In August 1988, Aldora terminated the services of DGCS and hired a new contractor, JAC Maintenance Services. This resulted in the unemployment of Daniel Herrera et al. Herrera et al. then filed a labor complaint against Aldora. The Labor Arbiter ruled in favor of Herrera et al. The NLRC affirmed the Labor Arbiter.

ISSUE: Whether or not the NLRC decision is correct.

HELD: No. Firstly, it appears that Aldora was never summoned, hence, the Labor Arbiter never acquired jurisdiction over her. Second, even assuming that jurisdiction was acquired, the case should not still prosper because in reality, the suit is one against the United States (any judgment in favor of the employees will not be personally paid by Larkins, it would be paid by the US Government). At that time, the US Bases Agreement was still in effect. The Agreement provides that any labor dispute between the United States Armed Forces and Filipino employees should be settled under grievance or labor relations procedures under the Agreement (not under NLRC Rules). If no agreement was reached or if the grievance procedure failed, the dispute was appealable by either party to a Joint Labor Committee still under the US Bases Agreement.

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