Documenti di Didattica
Documenti di Professioni
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101279
PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC., petitioner,
vs.
HON. RUBEN D. TORRES, as Secretary of the Department of Labor & Employment, and JOSE
N. SARMIENTO, as Administrator of the PHILIPPINE OVERSEAS EMPLOYMENT
ADMINISTRATION, respondents.
FACTS:
In view of published stories regarding the abuses suffered by Filipino domestic helpers in
Hong Kong, the DOLE issued a Department Order which temporarily suspends the recruitment
by private employment agencies of Filipino domestic helpers in Hong Kong and provides that
DOLE shall take over the business of deploying Hong Kong bound workers. Pursuant to the
Department Order issued by DOLE, POEA also issued a Memorandum Circular providing the
guidelines on the government processing and deployment of Filipino domestic helpers to Hong
Kong and the accreditation of Hong Kong recruitment agencies intending to hire Filipino
domestic helpers. Another Circular was issued by the POEA Administrator providing that all
recruitment agencies hiring domestic helpers from the Philippines shall recruit under the new
scheme which requires prior accreditation with the POEA. Hence, Philippine Association of
Service Exporters Inc. (PASEI), now filed this petition for prohibition to annul the said DOLE and
POEA circulars and to prohibit their implementation because the respondent agencies exceeded
their rule making authority in issuing said circulars and that said circulars are against the
Constitution being unreasonable, unfair, oppressive.
ISSUE:
Did the respondent agencies have the authority to issue the assailed circulars under the
Constitution or any other laws?
RULING:
Yes, the respondents have authority to issue such circulars. Under Article 36 of the Labor
Code, the Secretary of Labor has the power to restrict and regulate recruitment and placement
activities. Further, the regulatory authority of the POEA was vested by Executive Order No. 797
which authorizes POEA to take over the functions of the Overseas Employment Development
Board, National Seamen Board and the overseas employment function of the Bureau of
Employment Services. These vesture of quasi-legislative and quasi-judicial powers in
administrative bodies is not constitutional, unreasonable, and oppressive. Such is necessary to
help in the regulation of societys ramified activities. The circulars does not prohibit PASEI from
engaging in the recruitment and deployment of Filipino land based workers but merely regulates
hence it is but only a valid exercise of police power as delegated to the executive branch of the
government. However, such circulars are legally invalid, defective and unenforceable because of
its non-compliance with the requirements of publication and filing in the Office of Administrative
Register as required in Article 2 of the Civil Code, Article 5 of the Labor Code, and Section 3 and
4, Chapter 2, Book VII of the Administrative Code of 1987. Hence, the writ is prohibition is
granted and the implementation of the assailed circulars is suspended pending compliance with
the statutory requirements of publication and filing under the aforementioned laws.
and was an employee within the purview of the Workmens Compensation Law. The most
important test of employer-employee relation is the power to control the employees
conduct. The records disclose that the person in charge of the ICCS supervised the
deceased in his work and had control over the manner he performed the same.
Therefore, it could indeed be concluded that there exists an employer-employee
relationship between ICCS and Fabrigar, hence, the Workmens Compensation Law
applies to them. In view thereof, the appeal interposed by the petitioner is dismissed and
the decision appealed from is affirmed with costs against petitioner.
employee of Jimenez entitled to the payment of separation pay and commission. In view
thereof, the decision of the NLRC is affirmed with modification that Fredelito Juanatas
is not entitled to the award for commission and separation pay.
granted by law to employees. The petition of Insular Life is denied and the decision of the NLRC
is affirmed.