CASE FACTS DOCTRINE

PASEI v. Sec. of Labor The DOLE Secretary, through the POEA, temporarily Although the respondents acted within their authority and did
took over the business of deploying  Hong Kong (HK)- not commit grave abuse of discretion in restricting and
bound, Filipino domestic workers (DH) in light of regulating recruitment, the orders and circulars issued are
published stories of abuses suffered by Filipino DH in invalid and unenforceable. This is because of lack of proper
HK. DOLE Secretary issued Department Order no. 16 publication and filing in the Office of the National Registrar as
s1991 (D.O. 16 s1991) temporarily suspending the required in Administrative Code.
recruitment by private employment agencies of
Filipino domestic helpers for Hong Kong. POEA,
pursuant to DO16 issues Memo Circular no. 30 s1991
(MC 30 s1991) provided the “Guidelines on the
Government processing and deployment of Filipino
domestic helpers to HK and the accreditation of HK
recruitment agencies intending to hire Filipino DH.
This MC also created a joint POEA-OWWA Household
Workers Placement ment. POEA also issued MC 37
s1991 on the processing of employment contracts of
DH in HK, thus requiring all HK recruitment agent/s
hiring DHs from the Philippines to recruit under the
new scheme which requires prior accreditation with
the POEA. 

Philippine Association of Service Exporters (PASEI)

filed a petition for prohibition with temporary
restraining order prohibit the enforcement
implementation of aforementioned order and
circulars.