Escolar Documentos
Profissional Documentos
Cultura Documentos
SUPREME COURT
Manila
THIRD DIVISION
G.R. No. 61594 September 28, 1990
PAKISTAN INTERNATIONAL AIRLINES
CORPORATION, petitioner,
vs
HON. BLAS F. OPLE, in his capacity as Minister of
Labor; HON. VICENTE LEOGARDO, JR., in his
capacity as Deputy Minister; ETHELYNNE B.
FARRALES and MARIA MOONYEEN
MAMASIG, respondents.
Romulo, Mabanta, Buenaventura, Sayoc & De los
Angeles for petitioner.
Ledesma, Saludo & Associates for private respondents.
FELICIANO, J.:
On 2 December 1978, petitioner Pakistan International
Airlines Corporation ("PIA"), a foreign corporation
licensed to do business in the Philippines, executed in
Manila two (2) separate contracts of employment, one
with private respondent Ethelynne B. Farrales and the
other with private respondent Ma. M.C. Mamasig. 1 The
contracts, which became effective on 9 January 1979,
provided in pertinent portion as follows:
5. DURATION OF EMPLOYMENT AND PENALTY
This agreement is for a period of three (3) years, but
can be extended by the mutual consent of the parties.
xxx xxx xxx
6. TERMINATION
xxx xxx xxx
Notwithstanding anything to contrary as herein
provided, PIA reserves the right to terminate this
agreement at any time by giving the EMPLOYEE notice
in writing in advance one month before the intended
termination or in lieu thereof, by paying the EMPLOYEE
wages equivalent to one month's salary.
xxx xxx xxx
10. APPLICABLE LAW:
This agreement shall be construed and governed under
and by the laws of Pakistan, and only the Courts of
Karachi, Pakistan shall have the jurisdiction to consider
any matter arising out of or under this agreement.
Respondents then commenced training in Pakistan.
After their training period, they began discharging their
job functions as flight attendants, with base station in
Manila and flying assignments to different parts of the
Middle East and Europe.
On 2 August 1980, roughly one (1) year and four (4)
months prior to the expiration of the contracts of
employment, PIA through Mr. Oscar Benares, counsel
for and official of the local branch of PIA, sent separate
letters both dated 1 August 1980 to private
respondents Farrales and Mamasig advising both that
their services as flight stewardesses would be
terminated "effective 1 September 1980, conformably
to clause 6 (b) of the employment agreement [they
had) executed with [PIA]." 2
On 9 September 1980, private respondents Farrales
and Mamasig jointly instituted a complaint, docketed
as NCR-STF-95151-80, for illegal dismissal and nonpayment of company benefits and bonuses, against PIA