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    PASEI v. Sec. of Labor

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    Theodore Dolar
    The Supreme Court ruled that orders and circulars issued by the Department of Labor restricting recruitment of Filipino domestic helpers going to Hong Kong were invalid and unenforceable. This was because the requirements of publication in the Official Gazette and filing with the Office of the National Administrative Register, as mandated by the Civil Code, Labor Code, and Administrative Code, were not complied with. These laws state that for orders and circulars to take legal effect, they must be published and filed as specified. As these requirements were not met, the recruitment suspension order could not be enforced against PASEI.

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    PASEI v. Sec. of Labor

    Uploaded by

    Theodore Dolar
    69 views1 page
    The Supreme Court ruled that orders and circulars issued by the Department of Labor restricting recruitment of Filipino domestic helpers going to Hong Kong were invalid and unenforceable. This was because the requirements of publication in the Official Gazette and filing with the Office of the National Administrative Register, as mandated by the Civil Code, Labor Code, and Administrative Code, were not complied with. These laws state that for orders and circulars to take legal effect, they must be published and filed as specified. As these requirements were not met, the recruitment suspension order could not be enforced against PASEI.

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    The Supreme Court ruled that orders and circulars issued by the Department of Labor restricting recruitment of Filipino domestic helpers going to Hong Kong were invalid and unenforceable. This was because the requirements of publication in the Official Gazette and filing with the Office of the National Administrative Register, as mandated by the Civil Code, Labor Code, and Administrative Code, were not complied with. These laws state that for orders and circulars to take legal effect, they must be published and filed as specified. As these requirements were not met, the recruitment suspension order could not be enforced against PASEI.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    69 views1 page

    PASEI v. Sec. of Labor

    Uploaded by

    Theodore Dolar
    The Supreme Court ruled that orders and circulars issued by the Department of Labor restricting recruitment of Filipino domestic helpers going to Hong Kong were invalid and unenforceable. This was because the requirements of publication in the Official Gazette and filing with the Office of the National Administrative Register, as mandated by the Civil Code, Labor Code, and Administrative Code, were not complied with. These laws state that for orders and circulars to take legal effect, they must be published and filed as specified. As these requirements were not met, the recruitment suspension order could not be enforced against PASEI.

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    © All Rights Reserved
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    When law takes effect

    PASEI v. Sec. of Labor, G.R. No. 101279, August 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: Whether or not 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 Article 2
    of the Civil Code, Article 5 of the Labor Code and Sections 3(1) and 4, Chapter 2,
    Book VII of the Administrative Code of 1987 which provide:

    Art. 2. Laws shall take effect after fifteen (15) days following the completion of
    their publication in the Official Gazatte, unless it is otherwise provided. . . . (Civil
    Code.)

    Art. 5. Rules and Regulations. — The Department of Labor and other


    government agencies charged with the administration and enforcement of this
    Code or any of its parts shall promulgate the necessary implementing rules and
    regulations. Such rules and regulations shall become effective fifteen (15) days
    after announcement of their adoption in newspapers of general circulation.
    (Emphasis supplied, Labor Code, as amended.)

    Sec. 3. Filing. — (1) Every agency shall file with the University of the Philippines
    Law Center, three (3) certified copies of every rule adopted by it. Rules in force
    on the date of effectivity of this Code which are not filed within three (3) months
    shall not thereafter be the basis of any sanction against any party or persons.
    (Emphasis supplied, Chapter 2, Book VII of the Administrative Code of 1987.)

    Sec. 4. Effectivity. — In addition to other rule-making requirements provided by


    law not inconsistent with this Book, each rule shall become effective fifteen (15)
    days from the date of filing as above provided unless a different date is fixed by
    law, or specified in the rule in cases of imminent danger to public health, safety
    and welfare, the existence of which must be expressed in a statement
    accompanying the rule. The agency shall take appropriate measures to make
    emergency rules known to persons who may be affected by them. (Emphasis
    supplied, Chapter 2, Book VII of the Administrative Code of 1987).

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