4/10/2020
E-Library - Information At Your Fingertips: Printer Friendly
act directly whenever a specific function is entrusted by law or regulation to
a subordinate; direct the performance of duty; restrain the commission of
acts; review, approve, reverse or modify acts and decisions of
subordinate officials or units; determine priorities in the execution of
plans and programs. Unless a different meaning is explicitly provided in the
specific law governing the relationship of particular agencies, the word
“control” shall encompass supervision and control as defined in this
paragraph. xxx.
Thus, Section 1, Part VII, Rule V of the 2003 POEA Rules and Regulations specifically
provides, as follows:
Section 1. Jurisdiction. – The Secretary shall have the exclusive and original
jurisdiction to act on appeals or petition for review of disciplinary action
cases decided by the Administration.
In conclusion, we hold that petitioners should have appealed the adverse decision of
the POEA to the Secretary of Labor instead of to the NLRC. Consequently, the CA, being
correct on its conclusions, committed no error in upholding the NLRC.
WHEREFORE, we AFFIRM the decision promulgated on December 21, 2001 by the
Court of Appeals; and ORDER the petitioners to pay the costs of suit.
SO ORDERED.
Leonardo-De Castro, (Acting Chairperson), Villarama, Jr., *Perez, and Perlas-Bernabe,
JJ., concur.
* Vice Associate Justice Mariano C. Del Castillo, who penned the decision of the Court of
Appeals under review, per the raffle of July 25, 2012.
[1] Rollo, pp. 19-26; penned by Associate Justice Mariano C. Del Castillo (now a
Member of the Court), and concurred in by Associate Justice Ruben T. Reyes (later
Presiding Justice and a Member of the Court, but already retired) and Associate Justice
Renato C. Dacudao (retired).
[2] Id., at 35.
[3] Id., at 31-33.
[4] Id., at 6.
[5] Id., at 58.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55060
7/8