Showing posts with label Conflict of Laws. Show all posts
Showing posts with label Conflict of Laws. Show all posts

Wednesday, September 14, 2022

Morisono vs Morison, G.R. No. 226013 (Case Digest)

 

 

Morisono vs Morison,

G.R. No. 226013

Facts:

            Luzviminda was married to private respondent Ryoji Morisono in Quezon City. They lived together in Japan for one (1) year and three (3) months but were not blessed with a child. Luzviminda and Ryoji submitted a "Divorce by Agreement" before the City Hall of Mizuho-Ku, Nagoya City, Japan, which was eventually approved on January 17, 2012. Luzviminda filed a petition for recognition of the foreign divorce decree obtained by her and Ryoji before the RTC so that she could cancel the surname of her former husband in her passport and for her to be able to marry again.

                RTC denied Luzviminda's petition.

 

Issue:

            Whether or not the RTC correctly denied Luzviminda's petition for recognition of the foreign divorce decree she procured with Ryoji.

 

Held:

            YES. The rules on divorce prevailing in this jurisdiction can be summed up as follows:

§  first, Philippine laws do not provide for absolute divorce, and hence, the courts cannot grant the same;

§  second, consistent with Articles 15 and 17 of the Civil Code, the marital bond between two (2) Filipino citizens cannot be dissolved even by an absolute divorce obtained abroad;

§  third, an absolute divorce obtained abroad by a couple, who are both aliens, may be recognized in the Philippines, provided it is consistent with their respective national laws; and

§  fourth, in mixed marriages involving a Filipino and a foreigner, the former is allowed to contract a subsequent marriage in case the absolute divorce is validly obtained abroad by the alien spouse capacitating him or her to remarry.

 

 

In this case, a plain reading of the RTC ruling shows that the denial of Luzviminda's petition to have her foreign divorce decree recognized in this jurisdiction was anchored on the sole ground that she admittedly initiated the divorce proceedings which she, as a Filipino citizen, was not allowed to do. In light of the doctrine laid down in Manalo, such ground relied upon by the RTC had been rendered nugatory. However, the Court cannot just order the grant of Luzviminda's petition for recognition of the foreign divorce decree, as Luzviminda has yet to prove the fact of her. "Divorce by Agreement" obtained, in Nagoya City, Japan and its conformity with prevailing Japanese laws on divorce. Notably, the RTC did not rule on such issues. Since these are questions which require an examination of various factual matters, a remand to the court a quo is warranted.

Lavadia vs Luna, G.R. No. 171914 (Case Digest)

 

Lavadia vs Luna,

G.R. No. 171914

July 23, 2014

Facts:

            Atty. Luna and Eugenia married in a civil and church wedding which they begot 7 children. After almost 2 decades of marriage they eventually agreed to live apart from each other in February 1966. Atty. Luna obtained a divorce decree of his marriage with EUGENIA in the court of Dominican Republic. Atty. Luna contracted another marriage with Soledad.

            After the death of ATTY. JUAN, his share in the condominium unit including the law books, office furniture and equipment found therein were taken over by Gregorio Z. Luna, ATTY. LUNA’s son of the first marriage. Gregorio Z. Luna thenl eased out the 25/100 portion of the condominium unit belonging to his father to Atty. Renato G. De la Cruz who established his own law firm named Renato G. De la Cruz & Associates.

            Soledad filed an action againts Gregorio, alleging that the 25/200 pro-indiviso share of Atty. Luna as well the other properties was during the existence of the marriage between ATTY. LUNA and SOLEDAD through their joint efforts that since they had no children, SOLEDAD became co-owner of the said properties upon the death of ATTY. LUNA to the extent of ¾ pro-indiviso share consisting of her ½ share in the said properties plus her ½ share in the net estate of ATTY. Luna.

 

Issue:

            Whether the divorce between Atty. Luna and Eugenia Zaballero-Luna (Eugenia) had validly dissolved the first marriage

 

Held:

            Divorce between Filipinos is void and ineffectual under the nationality rule adopted by Philippine law. Hence, any settlement of property between the parties of the first marriage involving Filipinos submitted as an incident of a divorce obtained in a foreign country lacks competent judicial approval, and cannot be enforceable against the assets of the husband who contracts a subsequent marriage.

Monday, September 5, 2022

ATCI Overseas Corp vs Echin, G.R 178551 (Case Digest)

 

ATCI Overseas Corp vs Echin,

G.R 178551

Facts:

            Josefina Echin (respondent) was hired by petitioner ATCI Overseas Corporation in behalf of its principal-co-petitioner, the Ministry of Public Health of Kuwait (the Ministry), for the position of medical technologist under a two-year contract, with a monthly salary of US$1,200.00.

                Under the MOA, all newly-hired employees undergo a probationary period of one (1) year and are covered by Kuwait’s Civil Service Board Employment Contract No. 2.  Respondent was deployed on February 17, 2000 but was terminated from employment on February 11, 2001, she not having allegedly passed the probationary period.

                Respondent filed with the NLRC a complaint for illegal dismissal against petitioner ATCI as the local recruitment agency, represented by petitioner, Ikdal, and the Ministry, as the foreign principal.  Labor Arbiter, finding that petitioners neither showed that there was just cause to warrant respondent’s dismissal nor that she failed to qualify as a regular employee, held that respondent was illegally dismissed.  NLRC affirmed the Labor Arbiter’s decision.  CA affirmed the NLRC Resolution.

 

Issue:

            Whether or not the contract in the case shall be governed by the Civil Service Law and Regulations of Kuwait.

 

Held:

            NO. Petitioner ATCI, as a private recruitment agency, cannot evade responsibility for the money claims of Overseas Filipino workers (OFWs) which it deploys abroad by the mere expediency of claiming that its foreign principal is a government agency clothed with immunity from suit, or that such foreign principal’s liability must first be established before it, as agent, can be held jointly and solidarily liable.

                In providing for the joint and solidary liability of private recruitment agencies with their foreign principals, Republic Act No. 8042 precisely affords the OFWs with a recourse and assures them of immediate and sufficient payment of what is due them. Skippers United Pacific v. Maguad explains: “. . . [T]he 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. Otherwise, this will render nugatory the very purpose for which the law governing the employment of workers for foreign jobs abroad was enacted.”

 

                è Indeed, a contract freely entered into is considered the law between the parties who can establish stipulations, clauses, terms and conditions as they may deem convenient, including the laws which they wish to govern their respective obligations, as long as they are not contrary to law, morals, good customs, public order or public policy.

                It is hornbook principle, however, that the party invoking the application of a foreign law has the burden of proving the law, under the doctrine of processual presumption which, in this case, petitioners failed to discharge. The Court’s ruling in EDI-Staffbuilders Int’l., v. NLRC illuminates: “In the present case, the employment contract signed by Gran specifically states that Saudi Labor Laws will govern matters not provided for in the contract (e.g. specific causes for termination, termination procedures, etc.). Being the law intended by the parties (lex loci intentiones) to apply to the contract, Saudi Labor Laws should govern all matters relating to the termination of the employment of Gran.”

                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. The foreign law is treated as a question of fact to be properly pleaded and proved as the judge or labor arbiter cannot take judicial notice of a foreign law. He is presumed to know only domestic or forum law.

 

                Unfortunately for petitioner, it did not prove the pertinent Saudi laws on the matter; thus, the International Law doctrine of presumed-identity approach or processual presumption comes into play. 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.

 

                The Philippines does not take judicial notice of foreign laws, hence, they must not only be alleged; they must be proven. To prove a foreign law, the party invoking it must present a copy thereof and comply with Sections 24 and 25 of Rule 132 of the Revised Rules of Court which reads:

                SEC. 24. Proof of official record. — The record of public documents referred to in paragraph (a) of Section 19, when admissible for any purpose, may be evidenced by an official publication thereof or by a copy attested by the officer having the legal custody of the record, or by his deputy, and accompanied, if the record is not kept in the Philippines, with a certificate that such officer has the custody. If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office.

                SEC. 25. What attestation of copy must state. — Whenever a copy of a document or record is attested for the purpose of the evidence, the attestation must state, in substance, that the copy is a correct copy of the original, or a specific part thereof, as the case may be. The attestation must be under the official seal of the attesting officer, if there be any, or if he be the clerk of a court having a seal, under the seal of such court.

               

                àà

                To prove the Kuwaiti law, petitioners submitted the following: MOA between respondent and the Ministry, as represented by ATCI, which provides that the employee is subject to a probationary period of one (1) year and that the host country’s Civil Service Laws and Regulations apply; a translated copy (Arabic to English) of the termination letter to respondent stating that she did not pass the probation terms, without specifying the grounds therefor, and a translated copy of the certificate of termination, both of which documents were certified by Mr. Mustapha Alawi, Head of the Department of Foreign Affairs-Office of Consular Affairs Inslamic Certification and Translation Unit; and respondent’s letter of reconsideration to the Ministry, wherein she noted that in her first eight (8) months of employment, she was given a rating of "Excellent" albeit it changed due to changes in her shift of work schedule.

 

                These documents, whether taken singly or as a whole, do not sufficiently prove that respondent was validly terminated as a probationary employee under Kuwaiti civil service laws. Instead of submitting a copy of the pertinent Kuwaiti labor laws duly authenticated and translated by Embassy officials thereat, as required under the Rules, what petitioners submitted were mere certifications attesting only to the correctness of the translations of the MOA and the termination letter which does not prove at all that Kuwaiti civil service laws differ from Philippine laws and that under such Kuwaiti laws, respondent was validly terminated. Thus the subject certifications read:

                This is to certify that the herein attached translation/s from Arabic to English/Tagalog and or vice versa was/were presented to this Office for review and certification and the same was/were found to be in order. This Office, however, assumes no responsibility as to the contents of the document/s.