6/5/2020 E-Library - Information At Your Fingertips: Printer Friendly 768 Phil. 334 SECOND DIVISION [ G.R. No. 198426, September 02, 2015 ] REPUBLIC OF THE PHILIPPINES, REPRESENTED BY THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), PETITIONER, VS. PRINCIPALIA MANAGEMENT AND PERSONNEL CONSUL3ANTS, INC., RESPONDENT. DECISION DEL CASTILLO, J.: This Petition for Review on Certiorari[1] assails the April 4, 2011 Decision[2] of the Court of Appeals (CA) in CA-G.R. SP No. 111874 which denied the Petition for Certiorari and Prohibition[3] filed therein by petitioner Republic of the Philippines (the Republic), through the Philippine Overseas Employment Administration (POEA), questioning the Orders[4] dated July 28, 2009 and October 5, 2009 of the Regional Trial Court (RTC) of Mandaluyong City, Branch 212 in Civil Case No. MC09-4043. Also assailed is the August 31, 2011 CA Resolution[5] which denied the Republic's Motion for Reconsideration thereto. Factual Antecedents In the Order[6] of June 8, 2009 in POEA Case No. RV 07-03-0442, respondent Principalia Management and Personnel Consultants, Inc. (Principalia), a recruitment agency, was found by the POEA to have collected from complainant Alejandro Ramos an excessive placement fee. It was thus declared to have violated Section 2(b), Rule I, Part VI[7] of the 2002 POEA Rules and Regulations (POEA Rules), a serious offense which carries the penalty of cancellation of license for the first offense.[8] Accordingly, upon Principalia's receipt of the aforesaid Order on June 24, 2009, the POEA immediately cancelled its license based on Section 5, Rule V, Part VI of the POEA Rules, viz.: Stay of Execution. The decision of the Administration shall be stayed during the pendency of the appeal; Provided that where the penalty imposed carries the maximum penalty of twelve months suspension or cancellation of license, the decision shall be immediately executory despite the pendency of the appeal. Provided further that where the penalty imposed is suspension of license for one month or less, the decision shall be immediately executory and may elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/61203 1/9

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