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Cadalin vs. POEA

Cadalin vs. POEA

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Published by: Lyza Mae Saturio Baysa on Jul 25, 2013
Copyright:Attribution Non-commercial


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Cadalin vs. POEAG.R. No. L-104776, Dec. 5, 1994GENERAL RULE: A foreign procedural law will not be applied in the forum.EXCEPTION: When the country of the forum has a "borrowing statute," the country of the forum willapply the foreign statute of limitations.EXCEPTION TO THE EXCEPTION: The court of the forum will not enforce any foreign claim obnoxious tothe forum's public policy.FACTS:Cadalin et al. are overseas contract workers recruited by respondent-appellant AIBC for its accreditedforeign principal, Brown & Root, on various dates from 1975 to 1983. As such, they were all deployed atvarious projects in several countries in the Middle East as well as in Southeast Asia, in Indonesia andMalaysia. The case arose when their overseas employment contracts were terminated even before theirexpiration. Under Bahrain law, where some of the complainants were deployed, the prescriptive periodfor claims arising out of a contract of employment is one year.ISSUE:Whether it is the Bahrain law on prescription of action based on the Amiri Decree No. 23 of 1976 or aPhilippine law on prescription that shall be the governing lawHELD:

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