COURT HAS AUTHORITY TO ENJOIN POEA FROM IMMEDIATELY EXECUTING PENALTIES FOR SERIOUS OFFENSES AGAINST A RECRUITMENT AGENCY

 

The Philippine Overseas Employment Agency (POEA), by virtue of Section 3 (d) Executive Order No. 247 (E.O. No. 247) and Section 1, Rule I, Part VI of 2002 POEA Rules and Regulations, has original and exclusive jurisdiction to hear and decide all pre-employment cases which are administrative in character involving or arising out of: a) violations of recruitment regulations; or b) violations of conditions for issuance of license to recruit workers. Although the decision of the POEA in such cases are appealable to the Secretary of Labor and Employment, there is nothing in E.O. No. 247 and 2002 POEA Rules and Regulations that grants a recruitment agency injunctive relief from the immediate execution of penalties for serious offenses (e.g. cancellation of license or suspension of license for a maximum period of 12 months).

 

In the case of Republic of the Philippines, et al. vs. Principalia Management and Personnel Consultants, Inc. (G.R. No. 198426, 02 September 2015), it was held that E.O. No. 247 and the 2002 POEA Rules and Regulations cannot deprive the courts of the power to entertain injunction petitions to stay the execution of a POEA order imposing the penalties for serious offenses of a recruitment agency. The courts have the power to enjoin the POEA from immediately executing its Order imposing the penalties for serious offenses of a recruitment agency, upon proof of grave abuse of discretion, fraud, or error of law. Such petition, however, has nothing to do with the resolution of the appeal before the Secretary of Labor and Employment questioning the POEA Order.

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