4/16/2021
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POEA on private respondents' money claims, the POEA issued a separate Order dated
August 29, 1988[14] resolving the recruitment violations aspect of private respondents'
complaint. In this Order, the POEA found petitioner guilty of illegal exaction, contract
substitution, and unlawful deduction. The dispositive portion of this August 29, 1988
POEA Order reads:
"WHEREFORE, premises considered, this Office finds herein respondent
PHILSA International Placement and Services Corporation liable for three (3)
counts of illegal exaction, two (2) counts of contract substitution and one
count of withholding or unlawful deduction from salaries of workers.
Accordingly, respondent is hereby ordered to refund the placement fees in
the amount of P2,500.00 to Rodrigo L. Mikin, P4,000.00, each, to Vivencio
A. de Mesa and Cedric A.P. Leyson plus restitution of the salaries withheld in
the amount of SR1,000.00 to Vivencio A. de Mesa.
Moreover, respondent's license is hereby suspended for eight (8) months to
take effect immediately and to remain as such until full refund and
restitution of the above-stated amounts have been effected or in lieu
thereof, it is fined the amount of SIXTY THOUSAND (P60,000.00) PESOS
plus restitution,
SO ORDERED."
In line with this August 29, 1988 Order, petitioner deposited the check equivalent to the
claims of private respondents and paid the corresponding fine under protest. From the
said Order, petitioner filed a Motion for Reconsideration which was subsequently denied
in an Order dated October 10, 1989.
Under the POEA Rules and Regulations, the decision of the POEA thru the LRO
suspending or canceling a license or authority to act as a recruitment agency may be
appealed to the Ministry (now Department) of Labor and Employment.[15] Accordingly,
after the denial of its motion for reconsideration, petitioner appealed the August 21,
1988 Order to the Secretary of Labor and Employment. However, in an Order dated
September 13, 1991[16], public respondent Secretary of Labor and Employment
affirmed en toto the assailed Order. Petitioner filed a Motion for Reconsideration but this
was likewise denied in an Order dated November 25, 1991.
Hence, the instant Petition for Certiorari where petitioner raises the following grounds
for the reversal of the questioned Orders:
I.
THE PUBLIC RESPONDENT HAS ACTED WITHOUT OR IN EXCESS OF
JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION IN HOLDING
PETITIONER GUILTY OF ILLEGAL EXACTIONS. THE FINDING IS NOT
SUPPORTED BY EVIDENCE. AND IN ANY EVENT, THE LAW ON WHICH THE
CONVICTION IS BASED IS VOID.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/51157
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