SECOND DIVISION
[G.R. No. 131719. May 25, 2004]
THE EXECUTIVE SECRETARY, THE SECRETARY OF JUSTICE, THE
SECRETARY OF LABOR AND EMPLOYMENT, AND THE
SECRETARY OF FOREIGN AFFAIRS, OWWA ADMINISTRATOR,
and POEA ADMINISTRATOR, petitioners, vs. THE HON. COURT
OF APPEALS and ASIAN RECRUITMENT COUNCIL PHILIPPINE
CHAPTER (ARCO-PHIL.), INC., representing its members:
Worldcare Services Internationale, Inc., Steadfast International
Recruitment Corporation, Dragon International Manpower
Services
Corporation,
Verdant
Manpower
Mobilization
Corporation, Brent Overseas Personnel, Inc., ARL Manpower
Services, Inc., Dahlzhen International Services, Inc., Interworld
Placement Center, Inc., Lakas Tao Contract Services, Ltd. Co.,
and SSC Multiservices, respondents.
DECISION
CALLEJO, SR., J.:
In this petition for review on certiorari, the Executive Secretary of the President of
the Philippines, the Secretary of Justice, the Secretary of Foreign Affairs, the Secretary
of Labor and Employment, the POEA Administrator and the OWWA Administrator,
through the Office of the Solicitor General, assail the Decision [1] of the Court of Appeals
in CA-G.R. SP No. 38815 affirming the Order[2] of the Regional Trial Court of Quezon
City dated August 21, 1995 in Civil Case No. Q-95-24401, granting the plea of the
petitioners therein for a writ of preliminary injunction and of the writ of preliminary
injunction issued by the trial court on August 24, 1995.
The Antecedents
Republic Act No. 8042, otherwise known as the Migrant Workers and Overseas
Filipinos Act of 1995, took effect on July 15, 1995. The Omnibus Rules and Regulations
Implementing the Migrant Workers and Overseas Filipino Act of 1995 was, thereafter,
published in the April 7, 1996 issue of the Manila Bulletin. However, even before the
law took effect, the Asian Recruitment Council Philippine Chapter, Inc. (ARCO-Phil.)
filed, on July 17, 1995, a petition for declaratory relief under Rule 63 of the Rules of