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ATCI OVERSEAS CORPORATION, AMALIA G. IKDAL and MINISTRY OF PUBLIC HEALTH-KUWAIT


vs. MA. JOSEFA ECHIN, (G.R. No. 178551,October 11, 2010)

Doctrine of Procesual Presumption: The party invoking the application of a foreign law has the burden
proving the law, otherwise the same shall be presumed as similar to ours.

FACTS: Echin was hired by 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 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. Petitioners maintain that they should
not be held liable because respondents employment contract specifically stipulates that her employment shall
be governed by the Civil Service Law and Regulations of Kuwait.

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:
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 Courts ruling in EDI-Staffbuilders Intl., 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 procesual 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. (emphasis and underscoring supplied)
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. (emphasis supplied)

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