foreign employees in cases before the Labor Arbiter is based on speculations. Even if
true, such inconvenience or difficulty is hardly irreparable injury.
The trial court even ignored the public interest involved in suspending the
enforcement of Rep. Act No. 8042 vis-à-vis the eleven licensed and registered
recruitment agencies represented by the respondent. In People v. Gamboa,[50] we
emphasized the primary aim of Rep. Act No. 8042:
Preliminarily, the proliferation of illegal job recruiters and syndicates preying on
innocent people anxious to obtain employment abroad is one of the primary
considerations that led to the enactment of The Migrant Workers and Overseas
Filipinos Act of 1995. Aimed at affording greater protection to overseas Filipino
workers, it is a significant improvement on existing laws in the recruitment and
placement of workers for overseas employment. Otherwise known as the Magna
Carta of OFWs, it broadened the concept of illegal recruitment under the Labor Code
and provided stiffer penalties thereto, especially those that constitute economic
sabotage, i.e., Illegal Recruitment in Large Scale and Illegal Recruitment Committed
by a Syndicate.
[51]
By issuing the writ of preliminary injunction against the petitioners sans any
evidence, the trial court frustrated, albeit temporarily, the prosecution of illegal recruiters
and allowed them to continue victimizing hapless and innocent people desiring to obtain
employment abroad as overseas workers, and blocked the attainment of the salutary
policies[52] embedded in Rep. Act No. 8042. It bears stressing that overseas workers,
land-based and sea-based, had been remitting to the Philippines billions of dollars
which over the years had propped the economy.
In issuing the writ of preliminary injunction, the trial court considered paramount the
interests of the eleven licensed and registered recruitment agencies represented by the
respondent, and capriciously overturned the presumption of the constitutionality of the
assailed provisions on the barefaced claim of the respondent that the assailed
provisions of Rep. Act No. 8042 are unconstitutional. The trial court committed a grave
abuse of its discretion amounting to excess or lack of jurisdiction in issuing the assailed
order and writ of preliminary injunction. It is for this reason that the Court issued a
temporary restraining order enjoining the enforcement of the writ of preliminary
injunction issued by the trial court.
IN LIGHT OF ALL THE FOREGOING, the petition is GRANTED. The assailed
decision of the appellate court is REVERSED AND SET ASIDE. The Order of the
Regional Trial Court dated August 21, 1995 in Civil Case No. Q-95-24401 and the Writ
of Preliminary Injunction issued by it in the said case on August 24, 1995 are
NULLIFIED. No costs.
SO ORDERED.
Quisumbing, (Acting Chairman), Austria-Martinez, and Tinga, JJ., concur.
Puno, (Chairman), J., on official leave.
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