Phil. Association of Service Exporters, Inc. vs.

Torres, 212 SCRA

298; G.R. No. 101279, August 6, 1992
(Admin Law, DOLE, quasi-legislative power)
Facts: DOLE Dept. Order No. 16 temporarily suspends the recruitment by private employment agencies of Filipino
DH going to Hong Kong in view of the need to establish mechanisms that will enhance the protection for the same.
The DOLE, through POEA took over the business of deploying such HK-bound workers. Pursuant to the above order,
POEA issued memorandum circular no. 30 providing guidelines on the government processing and deployment of
Filipino domestic helpers to HK and the accreditation of HK recruitment agencies intending to hire Filipino domestic
helpers, and the memorandum circular No. 30, pertaining to the processing of employment contracts of domestic
workers for HK.

Petitioner contends that respondents acted with grave abuse of discretion and/or in excess of their rule-making
authority in issuing said circulars.

Issue: WON the take-over of the business deploying DH to HK by DOLE and POEA through an administrative order
and circular is valid.
Held: Yes. Article 36 of the Labor Code grants the Labor Secretary the power to restrict and regulate recruitment and
placement activities. The challenge administrative issuance discloses that the same fall within the administrative and
police powers expressly or by necessary implication conferred upon the respondents.