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T/SGT ALDORA LARKINS, petitioner, vs.

G.R. No. 92432. February 23, 1995

T/Sgt. Aldora Larkings was a member of the United States Air Force (USAF), who
oversees the maintenance of the dormitories of the Third Generation Squadron (3 AGS) with De
Guzman Custodial Services. On August 10, 1988, 3 AGS ended their contract with De Guzman
Custodial Services and hired a new contractor, JAC Maintenance Services. Even with the new
contractor, employees from the former were still allowed to continue to work. Joselito Cunanan,
the owner, however chose to bring his own employees, thus the former were requested to
surrender their base passes to Lt. Col. Frankhauser or to T/Sgt. Larkins. After two days, the the
former employees (private respondents) filed a complaint with the Regional Arbitration Branch
No. III of the NLRC against the petitioner and Cunanan for illegal dismissal and underpayment
of wages then amended the complaint for claims of emergency cost of living allowance,
thirteenth month pay, service incentive leave pay, and holiday premiums.
Petitioners Larkins and Frankhauser failed to answer the complaint, appear at hearings,
and submit their position paper.
On November 21, 1988, the Labor Arbiter delivered a decision granting all the claims of
the private respondents and ordered to reinstate them with full back wages, if not possible, a
separation pay. The petitioners then appealed that there is no jurisdiction because they were
never given a copy of the complaints, original and amended, and was not summoned. Petitioner
further added, the notices of hearing did not follow the provisions of the R.P.-U.S. Military
Bases Agreement of 1947.
Petitioner moved for reconsideration which the NLRC denied.

Whether or not the R.P.-U.S. Military Bases Agreement of 1947 was properly observed
through directly addressing the petitioner for the complaint and rendering judgment against

No. The R.P.-U.S. Military Bases Agreement Article XIV governs the provisions of
procedure for service of summons on persons inside the U.S. military bases in the country which
was not properly observed thus, the Labor Arbiter has no jurisdiction over the petitioner’s
absence and should be null and void. Summons should only be served with the permission of the
Base Commander, if he withholds, he should assigned another person for the service yet the
notice of hearing and summons were directly addressed to Lt. Col. Frankhauser and T/Sgt.
Furthermore, the former employees were dismissed not wholly by Lt. Col. Frankhauser
but in behalf of U.S. Government, who basically was the respondents’ employer, and should be
the one to satisfy their monetary claims.

The petition for certiorari is granted. .