CADALIN vs POEA ADMINISTRATOR 238 SCRA 721

“Borrowing Statute” –

Ex: Sec. 48, Rule on Civil Procedure – “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 Philippines.”

Facts:

Cadalin et al. are Filipino workers recruited by Asia Int’l Builders Co. (AIBC), a domestic recruitment corporation, for employment in Bahrain to work for Brown & Root Int’l Inc. (BRII) which is a foreign corporation with headquarters in Texas. Plaintiff instituted a class suit with the POEA for money claims arising from the unexpired portion of their employment contract which was prematurely terminated. They worked in Bahrain for BRII and they filed the suit after 1 yr. from the termination of their employment contract.

As provided by Art. 156 of the Amiri Decree aka as the Labor Law of the Private Sector of Bahrain: “a claim arising out of a contract of employment shall not be actionable after the lapse of 1 year from the date of the expiry of the contract,” it appears that their suit has prescribed.