This document summarizes a court case between Joseph Basso and Continental Micronesia, Inc. Basso was originally hired by Continental Airlines as the General Manager of their Philippine branch. When Continental Micronesia took over operations, Basso retained his position but was later terminated. Basso filed a complaint for illegal dismissal. The court had to determine whether Philippine law or foreign law applied. The court ruled that Philippine law was the applicable law because Basso was a resident of the Philippines, CMI operated a branch in the Philippines, the employment contract was negotiated and accepted in the Philippines, Basso's duties were in the Philippines, and applying foreign law could result in undeniable injustice.
This document summarizes a court case between Joseph Basso and Continental Micronesia, Inc. Basso was originally hired by Continental Airlines as the General Manager of their Philippine branch. When Continental Micronesia took over operations, Basso retained his position but was later terminated. Basso filed a complaint for illegal dismissal. The court had to determine whether Philippine law or foreign law applied. The court ruled that Philippine law was the applicable law because Basso was a resident of the Philippines, CMI operated a branch in the Philippines, the employment contract was negotiated and accepted in the Philippines, Basso's duties were in the Philippines, and applying foreign law could result in undeniable injustice.
This document summarizes a court case between Joseph Basso and Continental Micronesia, Inc. Basso was originally hired by Continental Airlines as the General Manager of their Philippine branch. When Continental Micronesia took over operations, Basso retained his position but was later terminated. Basso filed a complaint for illegal dismissal. The court had to determine whether Philippine law or foreign law applied. The court ruled that Philippine law was the applicable law because Basso was a resident of the Philippines, CMI operated a branch in the Philippines, the employment contract was negotiated and accepted in the Philippines, Basso's duties were in the Philippines, and applying foreign law could result in undeniable injustice.
This document summarizes a court case between Joseph Basso and Continental Micronesia, Inc. Basso was originally hired by Continental Airlines as the General Manager of their Philippine branch. When Continental Micronesia took over operations, Basso retained his position but was later terminated. Basso filed a complaint for illegal dismissal. The court had to determine whether Philippine law or foreign law applied. The court ruled that Philippine law was the applicable law because Basso was a resident of the Philippines, CMI operated a branch in the Philippines, the employment contract was negotiated and accepted in the Philippines, Basso's duties were in the Philippines, and applying foreign law could result in undeniable injustice.
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A. September 23, 2015 G.R. NOS.
178382-83 CONTINENTAL MICRONESIA, INC., Petitioner, vs. JOSEPH BASSO, Respondent.
FACTS: Mr. Braden, Managing Director-Asia of Continental Airlines, Inc. (Continental), offered Basso the position of General Manager of the Philippine Branch of Continental. Basso accepted the offer. CMI took over the Philippine operations of Continental, with Basso retaining his position as General Manager. Basso received a letter from Mr. Ralph Schulz (Mr. Schulz), who was then CMI’s Vice President of Marketing and Sales, informing Basso that he has agreed to work in CMI as a consultant on an "as needed basis”. Basso, wrote a counter-proposal. Basso, instead, was offered the position of consultant to CMI. Ms. Woodward also informed Basso that CMI rejected his counter-proposal and, thus, terminated his employment Basso filed a Complaint for Illegal Dismissal with Moral and Exemplary Damages. The Labor Arbiter also held that no employer-employee relationship existed between Basso and the branch office of CMI in the Philippines, but between Basso and the foreign corporation itself. On appeal, the NLRC remanded the case to the Labor Arbiter for the determination of certain facts to settle the issue on jurisdiction. NLRC ruled that the issue on whether the principle of lex loci contractus or lex loci celebrationis should apply has to be further threshed out.
ISSUE: Whether or not the Philippine law is the applicable law.
RATIO DECIDENDI: Yes. The Philippine law is the applicable law. Basso, though a US citizen, was a resident here from the time he was hired by CMI until his death during the pendency of the case. CMI, while a foreign corporation, has a license to do business in the Philippines and maintains a branch here, where Basso was hired to work. The contract of employment was negotiated in the Philippines. A purely consensual contract, it was also perfected in the Philippines when Basso accepted the terms and conditions of his employment as offered by CMI. The place of performance relative to Basso’s contractual duties was in the Philippines. The alleged prohibited acts of Basso that warranted his dismissal were committed in the Philippines. A foreign law, judgment or contract contrary to a sound and established public policy of the forum shall not be applied. Foreign law should not be applied when its application would work undeniable injustice to the citizens or residents of the forum. To give justice is the most important function of law; hence, a law, or judgment or contract that is obviously unjust negates the fundamental principles of Conflict of Laws.
A.2. G.R. No. 188493 December 13, 2017 Vivian B. Torreon and Felomina F. Abellana, Petitioners, V. Generoso Aparra, JR., Felix Caballes, and Carmelo SIMOLDE, Respondents. Facts
