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