CHOICE OF LAW

G.R. No. L-66006 February 28, 1985

BAGONG FILIPINAS OVERSEAS CORPORATION and GOLDEN STAR
SHIPPING, LTD., petitioners,
vs.
NATIONAL LABOR RELATIONS COMMISSION, PHILIPPINE OVERSEAS
EMPLOYMENT ADMINISTRATION, DIRECTOR PATRICIA SANTO TOMAS
and PROSERFINA PANCHO respondents.

Facts:

Pancho was employed by Bagong Filipinas Overseas Corporation, the local agent
of Golden Star Shipping
He was hired as an oiler of M/V olivine in accordance with the SHIPBOARD
EMPLOYEMENT CONTRACT
Then he had a cerebral stroke.
He was rushed to the hospital while the vessel was docked at Gothenberg,
Sweden.
He was repatriated to the Philippines and confined at the San Juan de Dios
Hospital. He died on December 13, 1979.
The NSB awarded his widow, Proserfina P20k as disability compensation
benefits, in accordance to the Shipboard contract
But the widow insists that HONGKONG law should apply since Golden Star is
HK company

Issue: what law should apply, ph or hk?

Ruling:

PH LAWS
The shipboard employment contract provides that the beneficiaries of the
seaman are entitled to P20,000 "over and above the benefits" for which the
Philippine Government is liable under Philippine law.

JURISDICTION

PH

Foreign Element

Golden Star shipment Company , a HK base comp. Employed a Filipino seaman

Existence of COL

HK laws may provide higher compensation for the deceaseds widow

Choice of law

PH
In accordance to the contract