SAUDI ARABIAN AIRLINES VS. COURT OF APPEALS, APP EALS,
297 SCRA 469 1998 FACTS: Herein private respondent Milagros P. Morada is a flight attendant for petitioner SAUDIA airlines, where the former was tried to be raped by Thamer and Allah AlGazzawi, AlGazzawi, both Sauidi nationals and fellow crew member, after a night of dancing in their their hotel while in Jakarta, Jakarta, Indonesia. Indonesia. She was was rescued. rescued. After two two weeks of detention the accused were both deported to Saudi and they were reinstated by Saudia. She was pressured by police officers to make a statement and to drop the case against the accused; in return she will then be allowed to return to Manila and retrieved her passport. For the second time, she was asked asked by her her super superio iors rs to again again appe appear ar befo before re the the Saudi Saudi cour court. t. With Withou outt her knowledge, she was already tried by Saudi court together with the accused and was sentenced to five months imprisonment and to 286 lashes in connection with Jakarta rape rape incident. The court found found her guilty of of (1) adultery; adultery; (2) going to a disco, dancing and listening to the music in violation of Islamic laws; and (3) socializing with the male crew, in contravention of Islamic tradition. ISSUE ISSUE/S /S:: WHET WHETHE HER R OR NOT NOT the the QC QC Regio Regiona nall Trial Trial Court Court has has juris jurisdic dictio tion n to hear and try the civil case based on Article 21 of the New Civil Code or the Kingdom of Saudi Arabia court though there is the existence of foreign element. RULING: The forms in which a foreign element may appear are many, such as the fact that one party is a resident Philippine Philippine national, and that the other is a resident foreign corporation. corporation. The forms in which this this foreign element element may appear are many. many. The foreign element may simply consist in the fact that one of the parties to a contract is an alien or has a foreign domicile, or that a contract between nationals of one State involves properties situated in another State. In other cases, the foreign element may assume a complex form. In the instant case, the foreign element consiste consisted d in the fact that that private private respon responden dentt Morada Morada is a residen residentt Philipp Philippine ine national, and that petitioner SAUDIA is a resident foreign corporation. Also, by virtue virtue of the employ employmen mentt of Mora Morada da with with the petition petitioner er SAUD SAUDIA IA as a fligh flightt stewarde stewardess, ss, events events did transpi transpire re during during her many occasions occasions of travel travel across across national borders, particularly from Manila, Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a “conflicts” situation to arise. The forms in which a foreign element may appear are many, such as the fact that one party is a resident Philippine Philippine national, and that the other is a resident foreign corporation. corporation. The forms in which this this foreign element element may appear are many. many. The foreign element may simply consist in the fact that one of the parties to a contract is an alien or has a foreign domicile, or that a contract between nationals of one
State involves properties situated in another State. In other cases, the foreign element may assume a complex form. In the instant case, the foreign element consisted in the fact that private respondent Morada is a resident Philippine national, and that petitioner SAUDIA is a resident foreign corporation. Also, by virtue of the employment of Morada with the petitioner SAUDIA as a flight stewardess, events did transpire during her many occasions of travel across national borders, particularly from Manila, Philippines to Jeddah, Saudi Arabia, and vice versa, that caused a “conflicts” situation to arise.
Where the factual antecedents satisfactorily establish the existence of a foreign element, the problem could present a “conflicts” case. Where the factual antecedents satisfactorily establish the existence of a foreign element, we agree with petitioner that the problem herein could present a “conflicts” case. A factual situation that cuts across territorial lines and is affected by the diverse laws of two or more states is said to contain a “foreign element.” The presence of a foreign element is inevitable since social and economic affairs of individuals and associations are rarely confined to the geographic limits of their birth or conception.
