Doctrine of processual presumption
The party invoking the application of a foreign law has the burden of proving the law, under the doctrine of processual presumption. Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours.
Facts: Local agency hired Josefa on behalf of principal foreign employer as Medical Technologist for a period of two years. Their agreement states therein that Josefa will have to undergo a probationary period of one year, and that their agreement will be governed by the Kuwaiti Civil Administrative law. One year later after deployment, foreign employer terminated Josefa's employment contract on the ground that she failed to pass the probationary measure set forth in the Kuwaiti Civil Administrative law. When Josefa returned to the Philippines, she file a complaint for illegal dismissal before the NLRC.
Issue: Whether or not the Kuwaiti administrative law governed the employment contract between Josefa and her foreign employer?
Held: However, ATCI failed to prove the existence of Kuwaiti Civil Law as required under Section 24 of the Rule 132 of the Rules of court, which provide that “If the office in which the record is kept is in a foreign country, the certificate may be made by a secretary of the embassy or legation, consul general, consul, vice consul, or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept, and authenticated by the seal of his office”.
The party invoking the application of a foreign law has the burden of proving the law, under the doctrine of processual presumption. Where a foreign law is not pleaded or, even if pleaded, is not proved, the presumption is that foreign law is the same as ours.
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