G.R. No. 152318
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/152318.htm
SECOND DIVISION
DEUTSCHE GESELLSCHAFT FR G.R. No. 152318
TECHNISCHE ZUSAMMENARBEIT,
also known as GERMAN AGENCY Present:
FOR TECHNICAL COOPERATION,
(GTZ) HANS PETER PAULENZ and QUISUMBING, J.,
ANNE NICOLAY, Chairperson,
Petitioners, CARPIO MORALES,
TINGA,
VELASCO, and
- versus - BRION, JJ.
Promulgated:
HON. COURT OF APPEALS, HON.
ARIEL CADIENTE SANTOS, Labor April 16, 2009
Arbiter of the Arbitration Branch,
National Labor Relations Commission,
and BERNADETTE CARMELLA
MAGTAAS, CAROLINA DIONCO,
CHRISTOPHER RAMOS, MELVIN
DELA PAZ, RANDY TAMAYO and
EDGARDO RAMILLO,
Respondents.
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DECISION
TINGA, J.:
On 7 September 1971, the governments of the Federal Republic of Germany and the Republic of
the Philippines ratified an Agreement concerning Technical Co-operation (Agreement) in Bonn,
capital of what was then West Germany. The Agreement affirmed the countries common interest in
promoting the technical and economic development of their States, and recogni[zed] the benefits to
be derived by both States from closer technical co-operation, and allowed for the conclusion of
[1]
While the Agreement
arrangements concerning individual projects of technical co-operation.
provided for a limited term of effectivity of five (5) years, it nonetheless was stated that [t]he
Agreement shall be tacitly extended for successive periods of one year unless either of the two
Contracting Parties denounces it in writing three months prior to its expiry, and that even upon the
Agreements expiry, its provisions would continue to apply to any projects agreed upon x x x until
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