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violations of recruitment regulations are uncovered.[35] It is thus clear that even if
recruitment violations were not included in a complaint for money claims initiated by a
private complainant, the POEA, under its rules, may still take cognizance of the same
and impose administrative sanctions if the evidence so warrants.
As such, the fact that petitioner has been absolved by final judgment for the payment
of the money claim to private respondent de Mesa does not mean that it is likewise
absolved from the administrative sanctions which may be imposed as a result of the
unlawful deduction or withholding of private respondents' salary. The POEA thus
committed no grave abuse of discretion in finding petitioner administratively liable of
one count of unlawful deduction/withholding of salary.
To summarize, petitioner should be absolved from the three (3) counts of illegal
exaction as POEA Administrative Circular No. 2, Series of 1983 could not be the basis of
administrative sanctions against petitioner for lack of publication. However, we affirm
the ruling of the POEA and the Secretary of Labor and Employment that petitioner
should be held administratively liable for two (2) counts of contract substitution and
one (1) count of withholding or unlawful deduction of salary.
Under the applicable schedule of penalties imposed by the POEA, the penalty for each
count of contract substitution is suspension of license for two (2) months or a fine of
P10,000.00 while the penalty for withholding or unlawful deduction of salaries is
suspension of license for two (2) months or fine equal to the salary withheld but not
less than P10,000.00 plus restitution of the amount in both instances[36]. Applying the
said schedule on the instant case, the license of petitioner should be suspended for six
(6) months or, in lieu thereof, it should be ordered to pay fine in the amount of
P30,000.00. Petitioner should likewise pay the amount of SR1,000.00 to private
respondent Vivencio A. de Mesa as restitution for the amount withheld from his salary.
WHEREFORE, premises considered, the September 13, 1991 and November 25, 1991
Orders of public respondent Secretary of Labor and Employment are hereby MODIFIED.
As modified, the license of private respondent Philsa International Placement and
Services Corporation is hereby suspended for six (6) months or, in lieu thereof, it is
hereby ordered to pay the amount of P30,000.00 as fine. Petitioner is likewise ordered
to pay the amount of SR1,000.00 to private respondent Vivencio A. de Mesa. All other
monetary awards are deleted.
SO ORDERED.
Melo (Chairman), Vitug, Panganiban, and Sandoval-Gutierrez, JJ., concur.
[1] Rollo, p. 24.
[2] Rollo, p. 25.
[3] Ibid.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51157
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