PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS vs Torres Case Digest

PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC. petitioner, vs. HON. RUBEN D. TORRES, as Se retar! o" t#e Depart$ent o" La%or & E$p'o!$ent, an( )OSE N. SAR*IENTO, as A($inistrator o" t#e PHILIPPINE OVERSEAS E*PLO+*ENT AD*INISTRATION, respon(ents. ,-.R. No. ./.012. A343st 5, .220.6 FACTS7 DOLE Secretary Ruben D. Torres issued Department Order No. 16 Series of 1991 temporarily suspending t e recruitment by pri!ate employment agencies of "#ilipino domestic elpers going to $ong %ong&. 's a result of t e department order DOLE( t roug t e )OE' too* o!er t e business of deploying $ong %ong bound +or*ers. T e petitioner( )'SE,( t e largest organi-ation of pri!ate employment and recruitment agencies duly licensed and aut ori-ed by t e )OE' to engage in t e business of obtaining o!erseas employment for #ilipino land.based +or*ers filed a petition for pro ibition to annul t e aforementioned order and to pro ibit implementation. ISSUES7 1. + et er or not respondents acted +it ma*ing aut ority in issuing said circulars1 2. + et er or not t e assailed DOLE and )OE' circulars are contrary to t e 3onstitution( are unreasonable( unfair and oppressi!e1 and 4. + et er or not t e re5uirements of publication and filing +it 'dministrati!e Register +ere not complied +it . HELD7 #,RST( t e respondents acted +ell +it in in t eir aut ority and did not commit gra!e abuse of discretion. T is is because 'rticle 46 6L37 clearly grants t e Labor Secretary to restrict and regulate recruitment and placement acti!ities( to +it8 'rt. 46. Regulatory )o+er. 9 T e Secretary of Labor s all a!e t e po+er to restrict and regulate t e recruitment and placement acti!ities of all agencies +it in t e co!erage of t is title :Regulation of Recruitment and )lacement 'cti!ities; and is ereby aut ori-ed to issue orders and promulgate rules and regulations to carry out t e ob<ecti!es and implement t e pro!isions of t is title. SE3OND( t e !esture of 5uasi.legislati!e and 5uasi.<udicial po+ers in administrati!e bodies is constitutional. ,t is necessitated by t e gro+ing comple0ities of t e modern society. T$,RD( t e orders and circulars issued are o+e!er( in!alid and unenforceable. T e reason is t e lac* of proper publication and filing in t e Office of t e National 'dministrati!e Registrar as re5uired in 'rticle 2 of t e Office of t e National gra!e abuse of discretion and/or in e0cess of t eir rule.

t e 3i!il 3ode to +it8 'rt. 2. La+s s all ta*e effect after fifteen 61=7 days follo+ing t e completion of t eir publication in t e Official >a-atte( unless it is ot er+ise pro!ided1 'rticle = of t e Labor 3ode to +it8 'rt. =. Rules and Regulations. 9 T e Department of Labor and ot er go!ernment agencies c arged +it t e administration and enforcement of t is 3ode or any of its parts s all promulgate t e necessary implementing rules and regulations. Suc rules and regulations s all become effecti!e fifteen 61=7 days after announcement of t eir adoption in ne+spapers of general circulation1 and Sections 4617 and ?( 3 apter 2( @oo* A,, of t e 'dministrati!e 3ode of 19BC + ic pro!ide8 Sec. 4. #iling. 9 617 E!ery agency s all file +it t e Dni!ersity of t e ) ilippines La+ 3enter( t ree 647 certified copies of e!ery rule adopted by it. Rules in force on t e date of effecti!ity of t is 3ode + ic are not filed +it in t ree 647 mont s s all not t ereafter be t e basis of any sanction against any party or persons. 63 apter 2( @oo* A,, of t e 'dministrati!e 3ode of 19BC.7 Sec. ?. Effecti!ity. 9 ,n addition to ot er rule.ma*ing re5uirements pro!ided by la+ not inconsistent +it t is @oo*( eac rule s all become effecti!e fifteen 61=7 days from t e date of filing as abo!e pro!ided unless a different date is fi0ed by la+( or specified in t e rule in cases of imminent danger to public ealt ( safety and +elfare( t e e0istence of + ic must be e0pressed in a statement accompanying t e rule. T e agency s all ta*e appropriate measures to ma*e emergency rules *no+n to persons + o may be affected by t em. 63 apter 2( @oo* A,, of t e 'dministrati!e 3ode of 19BC7. )ro ibition granted.