G.R. No. 172342
8 of 11
http://sc.judiciary.gov.ph/jurisprudence/2009/july2009/172342.htm
the governing law.
Article 156 of the Amiri Decree No. 23 of 1976 provides:
A claim arising out of a contract of employment shall not be actionable after the
lapse of one year from the date of the expiry of the contract x x x.
As a general rule, a foreign procedural law will not be applied in the forum.
Procedural matters, such as service of process, joinder of actions, period and requisites for
appeal, and so forth, are governed by the laws of the forum. This is true even if the action is
based upon a foreign substantive law (Restatement of the Conflict of Laws, Sec. 685;
Salonga, Private International Law, 131 [1979]).
A law on prescription of actions is sui generis in Conflict of Laws in the sense that
it may be viewed either as procedural or substantive, depending on the characterization
given such a law.
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However, the characterization of a statute into a procedural or substantive law
becomes irrelevant when the country of the forum has a borrowing statute. Said statute has
the practical effect of treating the foreign statute of limitation as one of substance
(Goodrich, Conflict of Laws, 152-153 [1938]). A borrowing statute directs the state of the
forum to apply the foreign statute of limitations to the pending claims based on a foreign
law (Siegel, Conflicts, 183 [1975]). While there are several kinds of borrowing statutes,
one form provides that an action barred by the laws of the place where it accrued, will not
be enforced in the forum even though the local statute has not run against it (Goodrich and
Scoles, Conflict of Laws, 152-153 [1938]). Section 48 of our Code of Civil Procedure is of
this kind. Said Section provides:
If by the laws of the state or country where the cause of action arose, the action is barred, it
is also barred in the Philippine Islands.
Section 48 has not been repealed or amended by the Civil Code of the Philippines.
Article 2270 of said Code repealed only those provisions of the Code of Civil Procedure as
to which were inconsistent with it. There is no provision in the Civil Code of the
Philippines, which is inconsistent with or contradictory to Section 48 of the Code of Civil
Procedure (Paras, Philippine Conflict of Laws, 104 [7th ed.]).
In the light of the 1987 Constitution, however, Section 48 [of the Code of Civil
Procedure] cannot be enforced ex proprio vigore insofar as it ordains the application in this
jurisdiction of [Article] 156 of the Amiri Decree No. 23 of 1976.
The courts of the forum will not enforce any foreign claim obnoxious to the forums
public policy x x x. To enforce the one-year prescriptive period of the Amiri Decree No. 23
of 1976 as regards the claims in question would contravene the public policy on the
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protection to labor.
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Thus, in our considered view, respondents complaint was filed well within the
three-year prescriptive period under Article 291 of our Labor Code. This point, however,
has already been mooted by our finding that respondents service award had been paid,
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