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regulate the recruitment and placement of overseas Filipino workers (OFWs); and 3)
also enjoin them to comply with the policy of deregulation mandated under Sections 29
and 30 of Republic Act 8042.
On March 20, 2002 the Quezon City RTC granted Salac, et al.’s petition and ordered the
government agencies mentioned to deregulate the recruitment and placement of OFWs.
[3] The RTC also annulled DOLE DO 10, POEA MC 15, and all other orders, circulars and
issuances that are inconsistent with the policy of deregulation under R.A. 8042.
Prompted by the RTC’s above actions, the government officials concerned filed the
present petition in G.R. 152642 seeking to annul the RTC’s decision and have the same
enjoined pending action on the petition.
On April 17, 2002 the Philippine Association of Service Exporters, Inc. intervened in the
case before the Court, claiming that the RTC March 20, 2002 Decision gravely affected
them since it paralyzed the deployment abroad of OFWs and performing artists. The
Confederated Association of Licensed Entertainment Agencies, Incorporated (CALEA)
intervened for the same purpose.[4]
On May 23, 2002 the Court[5] issued a TRO in the case, enjoining the Quezon City RTC,
Branch 96, from enforcing its decision.
In a parallel case, on February 12, 2002 respondents Asian Recruitment Council
Philippine Chapter, Inc. and others (Arcophil, et al.) filed a petition for certiorari and
prohibition with application for TRO and preliminary injunction against the DOLE
Secretary, the POEA Administrator, and the TESDA Director-General,[6] before the RTC
of Quezon City, Branch 220, to enjoin the latter from implementing the 2002 Rules and
Regulations Governing the Recruitment and Employment of Overseas Workers and to
cease and desist from issuing other orders, circulars, and policies that tend to regulate
the recruitment and placement of OFWs in violation of the policy of deregulation
provided in Sections 29 and 30 of R.A. 8042.
On March 12, 2002 the Quezon City RTC rendered an Order, granting the petition and
enjoining the government agencies involved from exercising regulatory functions over
the recruitment and placement of OFWs. This prompted the DOLE Secretary, the POEA
Administrator, and the TESDA Director-General to file the present action in G.R.
152710. As in G.R. 152642, the Court issued on May 23, 2002 a TRO enjoining the
Quezon City RTC, Branch 220 from enforcing its decision.
On December 4, 2008, however, the Republic informed[7] the Court that on April 10,
2007 former President Gloria Macapagal-Arroyo signed into law R.A. 9422[8] which
expressly repealed Sections 29 and 30 of R.A. 8042 and adopted the policy of close
government regulation of the recruitment and deployment of OFWs. R.A. 9422
pertinently provides:
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elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55341
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