8 - Sto. Tomas v. Salac, G.R. No. 152642, November 13, 2012 (En Banc)

Sto. Tomas v. Salac, G.R. No.
152642, November 13, 2012, 685 SCRA

245 [En Banc]
PONENTE:
ABAD, J.
FACTS: On June 7, 1995 Congress enacted Republic Act (R.A.) 8042 or the Migrant Workers
and Overseas Filipinos Act of 1995 that, for among other purposes, sets 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. On January
8, 2002 respondents filed a petition for certiorari, prohibition and mandamus with application for
temporary restraining order (TRO) and preliminary injunction against petitioners, the DOLE
Secretary, the POEA Administrator, and the Technical Education and Skills Development
Authority (TESDA) Secretary-General before the Regional Trial Court (RTC) of Quezon City.
These consolidated cases pertain to the constitutionality of certain provisions of the
aforementioned law.
ISSUES: (1) Whether or not Sections 29 and 30 of R.A. 8042 are constitutional; (2) Whether or
not Sections 6, 7, and 9 of R.A. 8042 are constitutional; and (3) Whether or not Section 10, last
sentence of 2nd paragraph, of R.A. 8042 is constitutional.
RULING: (1) On August 20, 2009 respondents Salac, et al. told the Court in G.R. 152642 that
they agree with the Republic’s view that the repeal of Sections 29 and 30 of R.A. 8042 renders
the issues they raised by their action moot and academic. The Court has no reason to disagree.
Consequently, the two cases, G.R. 152642 and 152710, should be dismissed for being moot
and academic.
(2) Section 6 is valid and constitutional. “Illegal recruitment” as defined in Section 6 is

clear and unambiguous and, contrary to the RTC’s finding, actually makes a distinction between
licensed and non- licensed recruiters. By its terms, persons who engage in “canvassing,
enlisting, contracting, transporting, utilizing, hiring, or procuring workers” without the appropriate
government license or authority are guilty of illegal recruitment whether or not they commit the
wrongful acts enumerated in that section. On the other hand, recruiters who engage in the
canvassing, enlisting, etc. of OFWs, although with the appropriate government license or
authority, are guilty of illegal recruitment only if they commit any of the wrongful acts
enumerated in Section 6.
Section 7 is valid and constitutional. In fixing uniform penalties for each of the
enumerated acts under Section 6, Congress was within its prerogative to determine what
individual acts are equally reprehensible, consistent with the State policy of according full
protection to labor, and deserving of the same penalties. It is not within the power of the Court to
question the wisdom of this kind of choice. Notably, this legislative policy has been further
stressed in July 2010 with the enactment of R.A. 10022 which increased the duration of the
penalties of imprisonment and the fines for the commission of the acts listed under Section 7. In
fixing such tough penalties, the law considered the unsettling fact that OFWs must work outside
the country’s borders and beyond its immediate protection. The law must, therefore, make an
effort to somehow protect them from individuals within its jurisdiction who, fueled by greed, are
willing to ship them out without clear assurance that their contracted principals would treat such
OFWs fairly and humanely. The State under its police power “may prescribe such regulations as
in its judgment will secure or tend to secure the general welfare of the people, to protect them
against the consequence of ignorance and incapacity as well as of deception and fraud.” Police
power is “that inherent and plenary power of the State which enables it to prohibit all things
hurtful to the comfort, safety, and welfare of society.”
Section 9 is valid and
constitutional.
SEC. 9. Venue. – A criminal action arising from illegal recruitment as defined herein shall
be filed with the Regional Trial Court of the province or city where the offense was
committed or where the offended party actually resides at the time of the commission of
the offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts: Provided, however, That the aforestated
provisions shall also apply to those criminal actions that have already been filed in court
at the time of the effectivity of this Act.
There is nothing arbitrary or unconstitutional in Congress fixing an alternative venue for

violations of Section 6 of R.A. 8042 that differs from the venue established by the Rules on
Criminal Procedure. Indeed, Section 15(a), Rule 110 of the latter Rules allows exceptions
provided by laws. Thus:
SEC. 15. Place where action is to be instituted.— (a) Subject to existing laws, the
criminal action shall be instituted and tried in the court of the municipality or territory
where the offense was committed or where any of its essential ingredients occurred.
Section 9 of R.A. 8042, as an exception to the rule on venue of criminal actions is,
consistent with that law’s declared policy of providing a criminal justice system that protects and
serves the best interests of the victims of illegal recruitment.
(3) The last sentence of the second paragraph of Section 10 of Republic Act 8042 valid
and constitutional. The Court has already held, pending adjudication of this case, that the
liability of corporate directors and officers is not automatic. To make them jointly and solidarily
liable with their company, there must be a finding that they were remiss in directing the affairs of
that company, such as sponsoring or tolerating the conduct of illegal activities. In the case of
Becmen and White Falcon, while there is evidence that these companies were at fault in not
investigating the cause of Jasmin’s death, there is no mention of any evidence in the case
against them that intervenors Gumabay, et al., Becmen’s corporate officers and directors, were
personally involved in their company’s particular actions or omissions in Jasmin’s case.
As a final note, R.A. 8042 is a police power measure intended to regulate the
recruitment and deployment of OFWs. It aims to curb, if not eliminate, the injustices and abuses
suffered by numerous OFWs seeking to work abroad. The rule is settled that every statute has
in its favor the presumption of constitutionality. The Court cannot inquire into the wisdom or
expediency of the laws enacted by the Legislative Department. Hence, in the absence of a clear
and unmistakable case that the statute is unconstitutional, the Court must uphold its validity.

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Sto. Tomas v. Salac, G.R. No.

152642, November 13, 2012, 685 SCRA

(2) Section 6 is valid and constitutional. “Illegal recruitment” as defined in Section 6 is

There is nothing arbitrary or unconstitutional in Congress fixing an alternative venue for

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