The penalties of suspension and cancellation of license or authority are prescribed
for violations of the above-quoted provisions, among others. And the Secretary of
Labor has the power under Section 35 of the law to apply these sanctions, as well as
the authority, conferred by Section 36, not only to “restrict and regulate the
recruitment and placement activities of all agencies,” but also to “promulgate rules
and regulations to carry out the objectives and implement the provisions” governing
said activities. Pursuant to this rule-making power thus granted, the Secretary of
Labor gave the POEA, on its own initiative or upon a filing of a complaint or report or
upon request for investigation by any aggrieved person, “xxx (authority to) conduct
the necessary proceedings for the suspension or cancellation of the license or
authority of any agency or entity” for certain enumerated offenses including 1) the imposition or acceptance, directly or indirectly, of any amount of money,
goods or services, or any fee or bond in excess of what is prescribed by the
Administration, and
2) any other violation of pertinent provisions of the Labor Code and other relevant
laws, rules and regulations.
The Administrator was also given the power to “order the dismissal of the case or the
suspension of the license or authority of the respondent agency or contractor or recommend to
the Minister the cancellation thereof.”
This power conferred upon the Secretary of Labor and Employment was echoed in People v.
Diaz, viz.:
A non-licensee or non-holder of authority means any person, corporation or entity
which has not been issued a valid license or authority to engage in recruitment and
placement by the Secretary of Labor, or whose license or authority has been
suspended, revoked or cancelled by the POEA or the Secretary.[9]
Thus, the trial court did not err in considering the certification from the DOLE-Dagupan District Office
stating that petitioner has not been issued any license by the POEA nor is a holder of an authority to
engage in recruitment and placement activities. The Office of the Solicitor General (OSG), in its
Comment[10] dated October 9, 2006, also gives a valid observation as to the admissibility of the
certification as evidence for the prosecution, thus:
x x x Notably, there is nothing on record to show that petitioner objected to the admissibility of
the certification for the purpose for which it was offered. Thus, petitioner's argument that the
certification was inadmissible because it was not properly identified by the issuing officer
should be rejected. It is well-settled that “[e]very objections to the admissibility of evidence
shall be made at the time such evidence is offered or as soon thereafter as the ground for
objection shall have become apparent, otherwise the objection shall be considered waived.”
Accordingly, the certification has been accepted as admissible by the trial court and properly
considered as evidence for the party who submitted it.[11]
Anent the second element, petitioner insists that the CA was wrong in affirming the factual findings of the
trial court. According to her, the accommodation extended by the petitioner to the private respondents is
far from the referral as contemplated in Article 13 (b) of the Labor Code.
It is a settled rule that factual findings of the trial courts, including their assessment of the witnesses'
credibility, are entitled to great weight and respect by the Supreme Court, particularly when the CA
affirmed such findings.[12] After all, the trial court is in the best position to determine the value and
weight of the testimonies of witnesses.[13]
Nevertheless, the testimonies of the private respondents clearly establish the fact that petitioner's conduct
falls within the term recruitment as defined by law. As testified by Romulo Padlan, petitioner convinced