The Court of Appeals (CA) has affirmed a decision of the Department of Labor and Employment (DOLE) suspending the license of a recruitment agency for violation of recruitment laws.
In an 11-page decision, the CA 5th Division ruled that the DOLE did not commit grave abuse of discretion amounting to lack or excess of jurisdiction when it affirmed the resolution of the Philippine Overseas Employment Administration (POEA) that suspended the license to recruit of Bison Management Corp. (BMC).
“There is ample evidence to prove the breach of recruitment laws,” DOLE-Legal Service Director Romeo Montefalco on Friday said of the appellate court’s ruling.
The case stemmed from a complaint for recruitment violations filed by Reynaldo and Rodelio Lapuz upon their return to the Philippines on May 222009 against the BMC, on the grounds of misrepresentation and for substitution or alteration of their employment contracts without the approval of the POEA in violation of Section 2 (e) and (I), Rule I, Part VI of the 2002 POEA Rules and Regulations.
On August 7, 2009, the POEA chief found the BMC guilty of the imputed violations and meted the penalty of suspension of license for four months, or in lieu thereof, pay the penalty of P40, 000 for each of the two charges.
In affirming the POEA’s order, the Labor department pointed out that the POEA rules explicitly allow the employment administration’s head to proceed with investigation of the imputed violations, and resolve the case based on its merits.