[G.R. No. 101279. August 6, 1992.

]PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, I

NC. petitioner, vs. HON.RUBEN D. TORRES, as Secretary of the Department of Labor
& Employment, andJOSE N. SARMIENTO, as Administrator of the PHILIPPINE OVERSEAS
EMPLOYMENT ADMINISTRATION, respondents.
FACTS:
DOLE Secretary Ruben D. Torres issued Department Order No. 16 Series of 1991 tem
porarily suspending the recruitment by private employment agencies of a result o
f the department order DOLE, through the POEA took over the business of deployin
g Hong Kong bound workers. The petitioner, PASEI, the largest organization of pr
ivate employment and recruitment agencies duly licensed and authorized by the PO
EA to engage in the business of obtaining overseas employment for Filipino landbased workers filed a petition for prohibition to annul the aforementioned order
and to prohibit implementation.
ISSUES:
(1) Whether or not respondents acted with grave abuse of discretion and/or in ex
cess of their rule-making authority in issuing said circulars; (2) whether or no
t the assailed DOLE and POEA circulars are contrary to the Constitution, are unr
easonable, unfair and oppressive; and (3) Whether or not the requirements of pub
lication and filing with the Office of the National Administrative Register were
not complied with.
HELD
FIRST, the respondents acted well within in their authority and did not commit g
rave abuse of discretion. This is because Article 36 (LC) clearly grants the Lab
or Secretary to restrict and regulate recruitment and Labor shall have the power
to restrict and regulate the recruitment and placement activities of all agenci
es within the coverage of this title [Regulation of Recruitment and Placement Ac
tivities] and is hereby authorized to issue orders and promulgate rules and regu
lations to carry out the objectives and implement the provisions of this title.
SECOND, the vesture of quasi-legislative and quasi-judicial powers in administra
tive bodies is constitutional. It is necessitated by the growing complexities of
the modern society. THIRD, the orders and circulars issued are however, invalid
and unenforceable. The reason is the lack of proper publication and filing in t
he Office of the National Administrative Registrar as required in Article 2 of t
he Civil Code to wit: Art. 2. Laws shall take effect after fifteen (15) days fol
lowing the completion of their publication in the Official Gazette, unless it is
otherwise provided; Article 5 of the Labor Code government agencies charged wit
h the administration and enforcement of this Code or any of its parts shall prom
ulgate the necessary implementing rules and regulations. Such rules and regulati
ons shall become effective fifteen (15) days after announcement of their adoptio
n in newspapers of general circulation; and Sections 3(1) and 4, Chapter 2, Book
VII of the Administrative Code of 1987 which provide: the Philippines Law Cente
r, three (3) certified copies of every rule adopted by it. Rules in force on the
dateof effectivity of this Code which are not filed within three (3) months sha
ll not thereafter be the basis of any sanction against any party or persons. (Ch
apter 2, Book VII of the Administrative Code ddition to other rule-making requir
ements provided by law not inconsistent with this Book, each rule shall become e
ffective fifteen (15) days from the date of filing as above provided unless a di
fferent date is fixed by law, or specified in the rule in cases of imminent dang
er to public health, safety and welfare, the existence of which must be expresse
d in a statement accompanying the rule. The agency shall take appropriate measur
es to make emergency rules known to persons who may be affected by them. (Chapte
r 2, Book VII of the Administrative Code of 1987). Prohibition granted