Friday, November 15, 2013

PASEI v. Sec. of Labor, G.R. No. 101279, Aug. 06, 1992

FACTS: PASEI is the largest organization of private employment and recruitment agencies duly licensed and authorized by the POEA to engage in the business of obtaining overseas employment for Filipino land-based workers. DOLE Secretary Ruben Torres issued Department Order No. 16 Series of 1991 temporarily suspending the recruitment of PASEI of Filipino domestic helpers going to Hong Kong. Hence, PASEI filed a petition for prohibition to annul the said order and prohibit its implementation.

ISSUES: W/N the requirements of publication and filing with the Office of the National Administrative Register were not complied with.


HELD: Although the respondents acted within their authority and did not commit grave abuse of discretion in restricting and regulating recruitment, the orders and circulars issued are invalid and unenforceable. This is because of lack of proper publication and filing in the Office of the National Registrar as required in Administrative Code.

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