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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