SO ORDERED."2[2]
Singapore Airlines timely appealed before the respondent court and raised the issues of
jurisdiction, validity of termination, estoppel, and damages.
On October 29, 1993, the appellate court set aside the decision of the trial court, thus,
"...In the instant case, the action for damages due to illegal termination
was filed by plaintiff-appellee only on January 8, 1987 or more than four
(4) years after the effectivity date of his dismissal on November 1, 1982.
Clearly, plaintiff-appellee's action has already prescribed.
WHEREFORE, the appealed decision is hereby REVERSED and SET
ASIDE. The complaint is hereby dismissed.
SO ORDERED."3[3] Newmiso
Petitioner's and Singapore Airlines' respective motions for reconsideration were denied.
Now, before the Court, petitioner poses the following queries:
1.
IS THE PRESENT ACTION ONE BASED ON CONTRACT WHICH
PRESCRIBES IN TEN YEARS UNDER ARTICLE 1144 OF THE NEW
CIVIL CODE OR ONE FOR DAMAGES ARISING FROM AN INJURY TO
THE RIGHTS OF THE PLAINTIFF WHICH PRESCRIBES IN FOUR
YEARS UNDER ARTICLE 1146 OF THE NEW CIVIL CODE?
2.
CAN AN EMPLOYEE WITH A FIXED PERIOD OF EMPLOYMENT
BE RETRENCHED BY HIS EMPLOYER?
3.
CAN THERE BE VALID RETRENCHMENT IF AN EMPLOYER
MERELY FAILS TO REALIZE THE EXPECTED PROFITS EVEN IF IT
WERE NOT, IN FACT, INCURRING LOSSES?
At the outset, we find it necessary to state our concurrence on the assumption of
jurisdiction by the Regional Trial Court of Manila, Branch 9. The trial court rightly ruled
on the application of Philippine law, thus: Acctmis
"Neither can the Court determine whether the termination of the plaintiff is
legal under the Singapore Laws because of the defendant's failure to
show which specific laws of Singapore Laws apply to this case. As
2[2]
Id. at 65.
3[3]
Id. at 40.