4/10/2020 E-Library - Information At Your Fingertips: Printer Friendly 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 elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55341 2/11

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