Trans Action Overseas Corp vs Castigador : 109583 : September 5, 199... http://sc.judiciary.gov.ph/jurisprudence/1997/sep1997/109583.htm whose license or authority has been suspended, revoked or cancelled by the POEA or the Secretary. (Underscoring supplied) In view of the Courts disposition on the matter, we rule that the power to suspend or cancel any license or authority to recruit employees for overseas employment is concurrently vested with the POEA and the Secretary of Labor. As regards petitioners alternative argument that the non-filing of the 1987 POEA Schedule of Penalties with the UP Law Center rendered it ineffective and, hence, cannot be utilized as basis for penalizing them, we agree with Secretary Confesors explanation, to wit: On the other hand, the POEA Revised Rules on the Schedule of Penalties was issued pursuant to Article 34 of the Labor Code, as amended. The same merely amplified and particularized the various violations of the rules and regulations of the POEA and clarified and specified the penalties therefore (sic). Indeed, the questioned schedule of penalties contains only a listing of offenses. It does not prescribe additional rules and regulations governing overseas employment but only detailed the administrative sanctions imposable by this Office for some enumerated prohibited acts. Under the circumstances, the license of the respondent agency was cancelled on the authority of Article 35 of the Labor Code, as amended, and not pursuant to the 1987 POEA Revised Rules on Schedule of Penalties.[10] WHEREFORE, in view of the foregoing, the instant petition is hereby DISMISSED. Accordingly, the decision of the Secretary of Labor dated April 5, 1991, is AFFIRMED. No costs. SO ORDERED. Regalado, (Chairman), Puno Mendoza, and Torres, Jr., JJ., concur. [1] ART. 32. Fees to be paid by workers. - Any person applying with a private fee-charging employment agency for employment assistance shall not be charged any fee until he has obtained employment through its efforts or has actually commenced employment. Such fee shall be always covered with the appropriate receipt clearly showing the amount paid. The Secretary of Labor shall promulgate a schedule of allowable fees. ART. 34. Prohibited practices. - It shall be unlawful for any individual, entity, licensee, or holder of authority: (a) To charge or accept, directly or indirectly, any amount greater than that specified in the schedule of allowable fees prescribed by the Secretary of Labor, or to make a worker pay any amount greater than that actually received by him as a loan or advance; x x x. [2] Rollo, pp. 43-44. [3] Creating the POEA. [4] Reorganizing the POEA and for other purposes. [5] 181 SCRA 110 (1990). [6] Sec. 1, Rule II, Book VI of the New Rules on Overseas Employment. [7] Ibid., Sec. 2 (t). [8] Id., Sec. 12. [9] 259 SCRA 441 (1996). [10] 5 of 5 Rollo, pp. 27-28. 1/24/2016 11:31 PM