Practice question
A policy memorandum says the creation of DMW abolished every DOLE recruitment function, including regulation of agencies recruiting solely for domestic jobs. It also says that old Labor Code references conclusively make DOLE the present overseas recruitment regulator. Which assessment is best?
- Both assertions are correct
- The first is correct but the second is not
- The second is correct but the first is not
- Both are overbroad: distinguish retained local recruitment regulation from the overseas functions transferred to DMW
- Both are correct whenever the recruitment fee is paid locally
Legal references
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 5, 36–38, regulatory, visitorial, and complaint powers, subject to current laws.
- https://lawphil.net/judjuris/juri1990/mar1990/gr_81510_1990.html — Salazar v. Achacoso, GR 81510, March 14, 1990, main decision; constitutional restriction on search and arrest warrants.
- https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html — RA 11641, sections 4–6, transfer of overseas recruitment functions to DMW.
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