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Published by: じえん ら on Jul 22, 2014
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SAUDI ARABIAN AIRLINES VS.

COURT OF APPEALS,
297 SCRA 4691998
FACTS:Herein private respondent Milagros P. Morada is a flight attendant for pet
itioner SAUDIA airlines, where the former was tried to be raped by Thamer and Al
lah AlGazzawi, both Sauidi nationals and fellow crew member, after a night of da
ncing in their hotel while in Jakarta, Indonesia. She was rescued. After twoweek
s of detention the accused were both deported to Saudi and they werereinstated b
y Saudia. She was pressured by police officers to make a statementand to drop th
e case against the accused; in return she will then be allowed toreturn to Manil
a and retrieved her passport. For the second time, she was askedby her superiors
to again appear before the Saudi court. Without her knowledge, she was already
tried by Saudi court together with the accused andwas sentenced to five months i
mprisonment and to 286 lashes in connection withJakarta rape incident. The court
found her guilty of (1) adultery; (2) going to adisco, dancing and listening to
the music in violation of Islamic laws; and (3)socializing with the male crew,
in contravention of Islamic tradition.ISSUE/S:WHETHER OR NOT the QC Regional Tri
al Court has jurisdiction tohear and try the civil case based on Article 21 of t
he New Civil Code or theKingdom of Saudi Arabia court though there is the existe
nce of foreign element.RULING:The forms in which a foreign element may appear ar
e many, such as the fact thatone party is a resident Philippine national, and th
at the other is a resident foreigncorporation. The forms in which this foreign e
lement may appear are many. Theforeign element may simply consist in the fact th
at one of the parties to a contractis an alien or has a foreign domicile, or tha
t a contract between nationals of oneState involves properties situated in anoth
er State. In other cases, the foreignelement may assume a complex form. In the i
nstant case, the foreign elementconsisted in the fact that private respondent Mo
rada is a resident Philippinenational, and that petitioner SAUDIA is a resident
foreign corporation. Also, byvirtue of the employment of Morada with the petitio
ner SAUDIA as a flightstewardess, events did transpire during her many occasions
of travel acrossnational borders, particularly from Manila, Philippines to Jedd
ah, Saudi Arabia,and vice versa, that caused a conflicts situation to arise.The fo
rms in which a foreign element may appear are many, such as the fact thatone par
ty is a resident Philippine national, and that the other is a resident foreignco
rporation. The forms in which this foreign element may appear are many. Theforei
gn element may simply consist in the fact that one of the parties to a contracti
s an alien or has a foreign domicile, or that a contract between nationals of on
e
State involves properties situated in another State. In other cases, the foreign
element may assume a complex form. In the instant case, the foreign elementconsi
sted in the fact that private respondent Morada is a resident Philippinenational
, and that petitioner SAUDIA is a resident foreign corporation. Also, byvirtue o
f the employment of Morada with the petitioner SAUDIA as a flightstewardess, eve
nts did transpire during her many occasions of travel acrossnational borders, pa
rticularly from Manila, Philippines to Jeddah, Saudi Arabia,and vice versa, that
caused a conflicts situation to arise.Where the factual antecedents satisfactoril
y establish the existence of a foreignelement, the problem could present a confli
cts case. Where the factualantecedents satisfactorily establish the existence of
a foreign element, we agreewith petitioner that the problem herein could present
a conflicts case. A factualsituation that cuts across territorial lines and is af
fected by the diverse laws of two or more states is said to contain a foreign ele
ment. The presence of aforeign element is inevitable since social and economic af
fairs of individuals andassociations are rarely confined to the geographic limit
s of their birth or conception.

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