LAUREANO vs. COURT OF APPEALS | G.R. No. 114776 | February 2, 2000
LAUREANO vs. COURT OF APPEALS
G.R. No. 114776, February 2, 2000
Facts
Menandro Laureano was employed with the Singapore Airlines Limited on 1979. However because of the recession that hit the Airline Industry sometime in 1982, Defendant Company initiated cost-cutting measures such as terminating its A-300 pilots including the plaintiff. Subsequently, plaintiff filed a case of illegal dismissal against defendant. Laureano then cited Singapore Laws to his case since he was employed in the Singapore Airlines Ltd.
Issue
a) Whether or not Singaporean Laws shall be applied in this case.
b) Whether or not there was illegal dismissal on the part of Singapore Airlines Ltd.
Ruling
The Supreme Court held that foreign laws must be proved as fact in order to employ them. The plaintiff was not able to prove the applicability of the laws of Singapore that he cited to his case. Under the principle of processual presumption, if foreign laws are not proved as facts it will be presumed as the same as ours. Hence, Philippine Laws should apply. Further, under Article 291 of the Labor Code of the Philippines, the petitioner‘s action for damages due to illegal dismissal has already prescribed having been filed on January 8, 1987, or more than four (4) years after the effective date has prescribed.
Comments
Post a Comment