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Facts:

The Hawaiian Sugar Planters’ Association had, for many years, been licensed by the Government to
recruit, contract and embark laborers for the Territory of Hawaii. On February 25, 1935 the association
made an application for the renewal of its license. The herein petitioners objected to said application on
the ground that the association had no juridical personality, in that it was neither incorporated nor
licensed to do business in the Philippines in accordance with the provisions of the Corporation Law. In
view of this objection, the respondent Secretary of Labor issued what he calls in his answer to the
petition herein, “a provisional license, authorizing the said Association to recruit, embark and contract
laborers for the Territory of Hawaii from Manila, Cebu, Illocos Norte and Ilocos Sur; but subject to the
condition that the license will ipso facto expire 90 days from the issuance when a new license will be
issued to the Association upon a satisfactory showing that it had already acquired a juridical personality
under the laws of the Philippine islands by registration as a foreign corporation, company or association”

Petitioners filed for a writ of prohibition whereby the petitioners seek to have declared illegal, null and
void the license to recruit laborers issued to the respondent Hawaiian Sugar Planter’s Association, and
to prohibit the other respondents from renewing the same or issuing any new license.

Issue:

Whether or not the writ of prohibition should be issued

Held:

No. the function of the writ of prohibition is to prevent the doing of some acts which is about to be
done. It is not intended to provide a remedy for acts already accomplished. If the thing be already be
done, it is manifest the writ of prohibition cannot undo it, for that would require an affirmative act;
and the only effect of a writ of prohibition is to suspend all action, and to prevent any further
proceeding in the prohibited direction. Even if the Secretary of Labor had acted illegally or in excess of
his authority when he issued the provisional or temporary license in question, prohibition is not the
proper remedy.

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