Professional Documents
Culture Documents
3) Has the petitioner been denied due process because the same POEA
that issued Memorandum Circular No. 2 has also sustained and applied it?
Rulings:
1) Yes. Saco was an overseas employee of the petitioner at the time he met with
the fatal accident in Japan, for he died while under a contract of employment with
the petitioner and alongside petitioners vessel while in a foreign country.
Overseas employment as defined under the 1985 Rules and Regulations on
Overseas Employment is employment of a worker outside the Philippines,
including employment in board vessels plying international water, covered by a
valid contract.
2) Memorandum Circular No. 2 is an administrative regulation, which has the
force and effect of law. The power of the POEA in requiring the model contract is
not unlimited as there is a sufficient standard guiding the delegated in the
exercise of the said authority. It is discoverable in the executive order itself which
in creating the POEA mandated it to protect the rights of overseas Filipino
workers to fair and equitable employment practices.
There are two accepted tests to determine whether or not there is a valid
delegation of legislative power:
1. Completeness test - the law must be complete in all its terms and conditions
when it leaves the legislature such that when it reaches the delegate the only
thing he will have to do is enforce it.
2. Sufficient standard test - there must be adequate guidelines or stations in
the law to map out the boundaries of the delegate's authority and prevent the
delegation from running riot.