CONFLICT OF LAWS

25. ATCI OVERSEAS CORPORATION, AMALIA G. IKDAL and MINISTRY OF

PUBLIC HEALTH-KUWAIT Petitioners, vs. MA. JOSEFA ECHIN, Respondent.
G.R. No. 178551
October 11, 2010
FACTS:
Respondent Echin was hired by petitioner ATCI in behalf of its principal co-petitioner,
Ministry of Public Health of Kuwait, for the position of medical technologist under a
two-year contract with a monthly salary of US$1,200.00.Within a year, Respondent
was terminated for not passing the probationary period which was under the
Memorandum of Agreement.
Ministry denied respondents request and she returned to the Philippines
shouldering her own fair. Respondent filed with the National Labor Relations
Commission (NLRC) a complaint against ATCI for illegal dismissal. Labor Arbiter
rendered judgment in favor of respondent and ordered ATCI to pay her $3,600.00,
her salary for the three months unexpired portion of the contract.
ATCI appealed Labor Arbiters decision, however, NLRC affirmed the latters decision
and denied petitioner ATCIs motion for reconsideration. Petitioner appealed to the
Court Appeals contending that their principal being a foreign government agency is
immune from suit, and as such, immunity extended to them.
Appellate Court affirmed NLRCs decision. It noted that under the law, a private
employment agency shall assume all responsibilities for the implementation of the
contract of employment of an overseas worker; hence, it can be sued jointly and
severally with the foreign principal for any violation of the recruitment agreement or
contract of employment.
Petitioners motion for reconsideration was denied; hence, this present petition.
Issue: Whether or not petitioners be held liable considering that the contract
specifically stipulates that respondents employment shall be governed by the Civil
Service Law and Regulations of Kuwait.
Ruling:
Court denied the petition. According to RA 8042: The obligations covenanted in the
recruitment agreement entered into by and between the local agent and its foreign
principal are not coterminous with the term of such agreement so that if either or
both of the parties decide to end the agreement, the responsibilities of such parties
towards the contracted employees under the agreement do not at all end, but the
same extends up to and until the expiration of the employment contracts of the

employees recruited and employed pursuant to the said recruitment agreement. In

international law, the party who wants to have a foreign law applied to a dispute or
case has the burden of proving the foreign law. Where a foreign law is not pleaded
or, even if pleaded, is not proved, the presumption is that foreign law is the same as
ours. Thus, we apply Philippine labor laws in determining the issues presented
before us.
26. Bank Of America V. CA (2003)
G.R. No. 120135
March 31, 2003
Lessons Applicable: forum non conveniens (conflicts of laws)
FACTS: Eduardo K. Litonjua, Sr. and Aurelio J. Litonjua (Litonjuas) were engaged in
the shipping business owning 2 vessels: Don Aurelio and El Champion
Because their business where doing well, Bank of America (BA) offered them to take
a loan for them to increase their ships.
BA acquired through them as borrowers four more ships: (a) El Carrier; (b) El
General; (c) El Challenger; and (d) El Conqueror. The registration, operation,
income, funds, possession of the vessel belonged to the corporation.
May 10, 1993: Litonjuas filed a complaint to the RTC Pasig claming that during its
operations and the foreclosure sale, BA as trutees failed to fully render an account
of the income. They lost all their 6 vessels and 10% of their personal funds and
they still have an unpaid balance of their loans.
BA NT&SA, and BA international filed a Motion to Dismiss on grounds of forum non
conveniens and lack of cause of action against them
RTC and CA: Dismissed
ISSUE:
1. W/N there is grounds of forum non conveniens
2. W/N there is litis pendentia
HELD: Denied
1. NO.
-The doctrine of forum non-conveniens, literally meaning 'the forum is inconvenient',
emerged in private international law to deter the practice of global forum shopping
-Under this doctrine, a court, in conflicts of law cases, may refuse impositions on its
jurisdiction where it is not the most "convenient" or available forum and the parties
are not precluded from seeking remedies elsewhere.

-Whether a suit should be entertained or dismissed on the basis of said doctrine

depends largely upon the facts of the particular case and is addressed to the sound
discretion of the trial court.
-Philippine Court may assume jurisdiction over the case if it chooses to do so;
provided, that the following requisites are met:
(1) that the Philippine Court is one to which the parties may conveniently resort to; present
(2) that the Philippine Court is in a position to make an intelligent decision as to the
law and the facts; and, - present
(3) that the Philippine Court has or is likely to have power to enforce its decision present
-This Court further ruled that while it is within the discretion of the trial court to
abstain from assuming jurisdiction on this ground, it should do so only after vital
facts are established, to determine whether special circumstances require the
court's desistance; and that the propriety of dismissing a case based on this
principle of forum non conveniens requires a factual determination, hence it is more
properly considered a matter of defense
2. NO.
-litis pendentia to be a ground for the dismissal of an action there must be:
(a) identity of the parties or at least such as to represent the same interest in both
actions -present
(b) identity of rights asserted and relief prayed for, the relief being founded on the
same acts - not shown
(c) the identity in the two cases should be such that the judgment which may be
rendered in one would, regardless of which party is successful, amount to res
judicata in the other - not shown
-It merely mentioned that civil cases were filed in Hongkong and England