Philippine Association of Service Exporters, Inc. vs.

Drilon
G.R. No. 81958, June 30, 1988
Sarmiento, J

FACTS: Petitioner PASEI, a firm engaged principally in the recruitment of Filipino

workers, male and female, for overseas placement, challenges the constitutional validity
of Department Order No. 1, series of 1988 of DOLE in the character of Guidelines Governing
the Temporary Suspension of Deployment of Filipino Domestic and Household
Workers. Specifically, it is assailed for discrimination against males and females; that it does not
apply to all Filipino workers but only to domestic helpers and females with similar skills; and
that is it violative of the right to travel. It is held likewise to be an invalid exercise of lawmaking
power, police power being legislative, and not executive, in character. Still, the respondents
invoke the police power of the Philippine State as a defense.

ISSUE: Whether or not there has been a valid classification in the challenged
Department Order No. 1.

HELD: Yes. The Court ruled that there has been valid classification, the Filipino female
domestics working abroad were in a class by themselves, because of the special risk to which
their class was exposed. There is no question that Order No.1 applies only to female contract
workers but it does not thereby make an undue discrimination between sexes. It is well settled
that equality before the law under the constitution does not import a perfect identity of rights
among all men and women. It admits of classification, provided that:

1. Such classification rests on substantial distinctions

2. That they are germane to the purpose of the law

3. They are not confined to existing conditions

4. They apply equally to all members of the same class

In the case at bar, the classifications made, rest on substantial distinctions. Therefore, the
classification under D.O. No.1 is valid.