4/10/2020
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BECMEN SERVICE EXPORTER AND PROMOTION, INC., PETITIONER,
VS. SPOUSES SIMPLICIO AND MILA CUARESMA (FOR AND IN
BEHALF OF DAUGHTER, JASMIN G. CUARESMA), WHITE FALCON
SERVICES, INC., AND JAIME ORTIZ (PRESIDENT OF WHITE FALCON
SERVICES, INC.), RESPONDENTS.
[G.R. NOS. 184298-99]
SPOUSES SIMPLICIO AND MILA CUARESMA (FOR AND IN BEHALF
OF DECEASED DAUGHTER, JASMIN G. CUARESMA), PETITIONERS,
VS. WHITE FALCON SERVICES, INC. AND BECMEN SERVICES
EXPORTER AND PROMOTION, INC., RESPONDENTS.
DECISION
ABAD, J.:
These consolidated cases pertain to the constitutionality of certain provisions of
Republic Act 8042, otherwise known as the Migrant Workers and Overseas Filipinos Act
of 1995.
The Facts and the Case
On June 7, 1995 Congress enacted Republic Act (R.A.) 8042 or the Migrant Workers
and Overseas Filipinos Act of 1995 that, for among other purposes, sets the
Government’s policies on overseas employment and establishes a higher standard of
protection and promotion of the welfare of migrant workers, their families, and
overseas Filipinos in distress.
G.R. 152642 and G.R. 152710
(Constitutionality of Sections 29 and 30, R.A. 8042)
Sections 29 and 30 of the Act[1] commanded the Department of Labor and Employment
(DOLE) to begin deregulating within one year of its passage the business of handling
the recruitment and migration of overseas Filipino workers and phase out within five
years the regulatory functions of the Philippine Overseas Employment Administration
(POEA).
On January 8, 2002 respondents Rey Salac, Willie D. Espiritu, Mario Montenegro,
Dodgie Belonio, Lolit Salinel, and Buddy Bonnevie (Salac, et al.) filed a petition for
certiorari, prohibition and mandamus with application for temporary restraining order
(TRO) and preliminary injunction against petitioners, the DOLE Secretary, the POEA
Administrator, and the Technical Education and Skills Development Authority (TESDA)
Secretary-General before the Regional Trial Court (RTC) of Quezon City, Branch 96.[2]
Salac, et al. sought to: 1) nullify DOLE Department Order 10 (DOLE DO 10) and POEA
Memorandum Circular 15 (POEA MC 15); 2) prohibit the DOLE, POEA, and TESDA from
implementing the same and from further issuing rules and regulations that would
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