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registered recruitment agencies would close shop and stop business operations because of
the assailed penal provisions of the law.
A writ of preliminary injunction to enjoin the enforcement of penal laws cannot be based on
conjectures or speculations. The respondent even failed to adduce any evidence to prove
irreparable injury because of the enforcement of Section 10 (1) (2) of Rep. Act No. 8042. Its
fear or apprehension that, because of time constraints, its members would have to defend
foreign employees in cases before the Labor Arbiter is based on speculations. Even if true,
such inconvenience or difficulty is hardly irreparable injury. In issuing the writ of preliminary
injunction, the trial court considered paramount the interest of the eleven licensed and
registered recruitment agencies represented by the private respondent, and capriciously
overturned the presumption of the constitutionality of the assailed provisions on the
barefaced claim of the respondent that the assailed provisions of Rep. Act No. 8042 are
unconstitutional.
Petition was granted and the assailed decision of the Court of Appeals was reversed and set
aside