legislature approved by the executive is presumed to be within constitutional bounds
(National Press Club v. Commission on Elections, 207 SCRA 1).
[12]
After the respective counsels of the parties were heard on oral arguments, the trial
court issued on August 21, 1995, an order granting the petitioner’s plea for a writ of
preliminary injunction upon a bond of P50,000. The petitioner posted the requisite bond
and on August 24, 1995, the trial court issued a writ of preliminary injunction enjoining
the enforcement of the following provisions of Rep. Act No. 8042 pending the
termination of the proceedings:
… Section 2, subsections (g) and (i, 2nd par.); Section 6, subsections (a) to (m), and
pars. 15 & 16; Section 7, subsections (a) & (b); Section 8; Section 9; Section 10; pars.
1 & 2; Section 11; and Section 40 of Republic Act No. 8042, otherwise known as the
Migrant Workers and Overseas Filipinos Act of 1995. …
[13]
The petitioners filed a petition for certiorari with the Court of Appeals assailing the
order and the writ of preliminary injunction issued by the trial court on the following
grounds:
1.
Respondent ARCO-PHIL. had utterly failed to show its clear right/s or that of
its member-agencies to be protected by the injunctive relief and/or violation of said
rights by the enforcement of the assailed sections of R.A. 8042;
2.
Respondent Judge fixed a P50,000 injunction bond which is grossly inadequate
to answer for the damage which petitioner-officials may sustain, should respondent
ARCO-PHIL. be finally adjudged as not being entitled thereto.
[14]
The petitioners asserted that the respondent is not the real party-in-interest as
petitioner in the trial court. It is inconceivable how the respondent, a non-stock and nonprofit corporation, could sustain direct injury as a result of the enforcement of the
law. They argued that if, at all, any damage would result in the implementation of the
law, it is the licensed and registered recruitment agencies and/or the unskilled Filipino
migrant workers discriminated against who would sustain the said injury or damage, not
the respondent. The respondent, as petitioner in the trial court, was burdened to
adduce preponderant evidence of such irreparable injury, but failed to do so. The
petitioners further insisted that the petition a quo was premature since the rules and
regulations implementing the law had yet to be promulgated when such petition was
filed. Finally, the petitioners averred that the respondent failed to establish the
requisites for the issuance of a writ of preliminary injunction against the enforcement of
the law and the rules and regulations issued implementing the same.
On December 5, 1997, the appellate court came out with a four-page decision
dismissing the petition and affirming the assailed order and writ of preliminary injunction
issued by the trial court. The appellate court, likewise, denied the petitioners’ motion for
reconsideration of the said decision.