Descripción: Carlos Velázquez Callado - Las actividades físicas cooperativas. Unan propuesta para la formación en valores a través de la educación física en las escuelas de educación básica - SEP México - 2004
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Callado vs IRRI Facts: Ernesto Callado was employed as a driver at the IRRI who figured in an accident on an official trip to NAIA and back to the IRRI !etitioner was terminated after a preliminary investigation was held and after he was charged with "#$ driving while on official duty under the influence of li%uor& "'$ (erious misconduct for failure to report to his supervisor that there is something wrong with his vehicle& ")$ *ross and habitual neglect of duties
!etitioner filed a complaint with +abor Arbiter for illegal dismissal, illegal suspension and indemnity pay with moral and e-emplary damages and attorney.s fees IRRI wrote to +abor Arbiter to inform that the Institute en/oys immunity from legal process by virtue of Article ) of !0 No #1'2
3hile admitting IRRI.s defense of immunity, the +abor Arbiter, nonetheless, cited an 4rder issued by the Institute on Aug #), #55# to the effect that 6in all cases of termination, respondent IRRI waives its immunity,7 and accordingly, considered the defense of immunity no longer a legal obstacle in resolving the case N+RC found merit in private respondent.s appeal and, finding that IRRI did not waive its immunity, ordered the aforesaid decision of the +abor Arbiter set aside and the complaint dismissed 8ence, this petition
!etitioner contended that the immunity of the IRRI as an international organi9ation by Article ) of !0 No #1'2 may not be invoked in the case at bench inasmuch as it waived the same by virtue of its emorandum on 6*uidelines on the handling of dismissed employees in relation to !0 #1'27 Issue: Can IRRI invoke immunity from suit;
8eld: IRRI.s immunity from suit is undisputed Art ) od !0 #1'2 provides: 6Immunity from +egal !rocess
IRRI also made guidelines when a dismissed employee files a complaint against the Institute contesting the legality of dismissal == 6If 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 re%uired thereby reaffirming our commitment to abide by the laws of the !hilippines and our full faith in the integrit Sign up to vote on this title and impartially of the legal system7
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From the last paragraph of the foregoing %uotation, it is clear that in cases involving dismissed employees, the Institute may waive its immunity, signifying that such waiver is discretionary on its part
