directed to proceed with the hearing and decision.

JUSMAG PHILIPPINES V. NLRC PUNO; December 15, 1994

FACTS - Florencio Sacramento was one of the 74 security assistance support personnel (SASP) working at JUSMAG Phils.; he had been with JUSMAG for more than 20yrs (1969-1992); was dismissed on April 27, 1992 - He filed a complaint with the Dept. of Labor and Employment (March 31, 1992) on the ground that he was illegally suspended and dismissed; asked for reinstatement - JUSMAG filed a Motion to Dismiss invoking its immunity from suit as an agency of US; also alleged lack of employer-employee relp and it has no juridical personality to sue and be sued - Labor Arbiter Daniel Cueto dismissed complaint for want of jurisdiction - NLRC reversedJUSMAG had lost its right not to be sued based on: 1) estoppel- JUSMAG failed to refute the employer-employee relp under the control test and 2) it has waived its right to immunity from suit when it hired Sacramentos services. - NLRC relied on Harry Lyons vs. USA (US Govt waived its immunity from suit by entering into a contract of stevedoring services, and thus, it submitted itself to the jurisdiction of local courts) - JUSMAG now contends that the NLRC committed grave abuse of discretion in reversing the labor arbiters decision, in saying that JUSMAG waived its immunity from suit, in finding an employeremployee relp between JUSMAG and Sacramento, and in considering JUSMAG estopped from denying that respondent is its employee for failure to present proof. ISSUE Is the Joint United States Military Assistance Group to the RP (JUSMAG-PHIL) immune from suit? HELD Ratio As it stands now, the application