Case Summary (G.R. No. L-18327)
Police Power and Its Scope
The Court reaffirmed police power as an inherent sovereign authority to restrict individual liberty or property for the common good. It is an implied limitation upon—but not negation of—the Bill of Rights. Though plenary, it must not be arbitrary or unreasonable and may be delegated within constitutional bounds.
Presumption of Validity
Official acts of executive agencies enjoy a presumption of constitutionality. Absent clear and convincing proof of unconstitutionality, the Court will uphold such measures. PASEI failed to rebut that presumption.
Classification and Equal Protection
Equal protection permits reasonable classifications when they (1) rest on substantial distinctions, (2) are germane to the law’s purpose, (3) are not confined to existing conditions, and (4) apply equally to all within the class. A gender-based classification need not produce identical rights if justified by relevant differences.
Evidence of Female Worker Exploitation
Judicial notice was taken of widespread abuse, maltreatment, physical violence, and sexual assault experienced by Filipino domestic workers abroad. No parallel evidence existed regarding male workers. The gender-specific ban responded to demonstrable dangers faced primarily by women in that sector.
Exemptions and Scope of the Order
The Order did not impose a total ban. It exempted:
• Domestic workers hired by immediate family of foreign heads of state or senior officials;
• Workers in countries with bilateral labor agreements or adequate safeguards;
• Vacationing workers returning to the same employer under existing contracts.
Suspension would remain in force pending review of legal protections both in the Philippines and host countries, with DOLE authorized to lift the ban upon appropriate conditions.
Impact on Right to Travel
The constitutional right to travel is subject to lawful restrictions for public safety and welfare. The deployment suspension was a valid qualification, serving the State’s duty to protect vulnerable citizens abroad without unduly impairing travel.
Rule-making Authority and Delegation
Under Art. 5 of the Labor Code, DOLE has authority to prescribe rules for enforcement of labor policies. Delegation of police power to promulgate guidelines is permissible where the enabling legislation provides
...continue readingCase Syllabus (G.R. No. L-18327)
Background
- Petitioner Philippine Association of Service Exporters, Inc. (PASEI) is principally engaged in recruiting Filipino workers for overseas placement.
- Challenge to the constitutional validity of Department Order No. 1, Series of 1988 of the Department of Labor and Employment (“Guidelines Governing the Temporary Suspension of Deployment of Filipino Domestic and Household Workers”).
- Petition seeks certiorari and prohibition to nullify the deployment suspension measure.
- Respondents: Secretary of Labor and Employment (Drilon) and Administrator of the Philippine Overseas Employment Administration (Achacoso).
- Solicitor General’s Comment reports partial lifting of the ban in several countries as of March and June 1988.
Issues Presented
- Whether Department Order No. 1 discriminates on the basis of sex by applying only to female domestic workers.
- Whether the Order violates the right to travel of affected workers.
- Whether the exercise of police power via an executive Department Order is an invalid legislative function.
- Whether lack of prior consultation with workers breaches the constitutional guarantee of worker participation.
- Whether the Order impairs vested rights and constitutes a grave abuse of discretion.
Petitioner’s Arguments
- The ban applies only to females or domestic helpers with similar skills, excluding male workers and other categories.
- It discriminates among Filipino workers and constitutes sex-based classification without justification.
- Violates the right to travel guaranteed by the Constitution.
- Exceeds executive authority by exercising legislative (police) power.
- Issued without prior consultation required by Article XIII, Section 3 of the Constitution on worker participation.
- Impairs existing contractual and property rights of recruitment firms and workers.
Respondents’ Defenses
- Department Order No. 1 is a police-power measure validly promulgated under the Labor Code’s rule-making authority.
- Partial lifting of the suspension in countries with bilateral agreements or sufficient safeguards.
- Classification based on substantia