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Pakistan International Airlines Vs Ople
Pakistan International Airlines Vs Ople
5. WON only Pakistan’s laws & courts should govern. – NO. Philippine
Courts & administrative agencies are the proper forums for the
resolution of the contractual dispute.
⇒ The relationship between PIA & its employees in this case is very much
affected w/public interest that the applicable RP laws can’t be rendered
illusory by the parties agreeing that some other law should govern their
relationship.
⇒ Contract was executed and performed (partially) in RP.
⇒ Employees are Philippine citizens & residents and were based in the
Philippines.
⇒ PIA, although a foreign corp., is licensed to do business in the RP.
⇒ PIA did not plead & prove the applicable Pakistani laws on the matter. Thus,
it’s presumed that these laws are the same as the RP laws.
Holding: Petition dismissed for lack of merit. MOLE order affirmed &
modified.
1. Employees were illegally dismissed.
2. MOLE did not commit any gadalej.
3. Employees are entitled to 3 yrs. backwages w/o qualification or deduction.
4. Petitioners should be reinstated. Should reinstatement not be feasible in
view of the length of time w/c has gone by, PIA should pay separation pays
to employees amounting to 1 month’s salary for ever year of service
rendered by them including the 3 yrs service putatively rendered.