Sto. Tomas et.al vs. Salac

G.R. No. 152642, G.R. No. 152710; November 13, 2012

Facts: Several cases were filed and consolidated questioning the constitutionality of certain provisions of R.A 8042 otherwise known as the Migrant Workers and Overseas Filipinos Act of 1995 whose purpose is to set the Government’s policies on overseas employment and establishes a higher standard of protection and promotion of the welfare of migrant workers, their families, and overseas Filipinos in distress.

Respondent Salac et.al were recruiters questioning the validity of Sections 29 and 30 of the said Act praying that the deployment of OFWs and other workers abroad be deregulated. Petitioner, on the other hand was the Secretary of DOLE at the time, a government instrumentality that issues orders and memorandums which regulates the recruitment, placement, and sending or deploying of overseas workers abroad.

Sections 29 and 30 of the Act commanded the Department of Labor and Employment (DOLE) to begin deregulating within one year of its passage the business of handling the recruitment and migration of overseas Filipino workers and phase out within five years the regulatory functions of the Philippine Overseas Employment Administration (POEA).

On April 10, 2007 former President Gloria Macapagal-Arroyo signed into law R.A. 9422 which expressly repealed Sections 29 and 30 of R.A. 8042 and adopted the policy of close government regulation of the recruitment and deployment of OFWs.

ISSUES: Whether or not Sections 29 and 30 of R.A 8042 which commands to deregulate the recruitment, placement, and sending or deploying of overseas workers abroad still valid.

HELD: The Court DISMISSES the petitions for having become moot and academic. Provisions stated in Sec. 29 and 30 of R.A 8042 has already been repealed due to passage of R.A 9422.