Salvador, Monica Frances

1B1

Phil Association of Service Exporters Inc. vs Franklin Drilon

GR 81958
June 30, 1988

Facts: Petitioner Philippine Association of Service Exporters Inc., a firm engaged

principally in the recruitment of male and female Filipino workers for overseas
employment. Respondents are Franklin Drilon as Secretary of Labor and Employment
and Tomas Achacoso as POEA Administrator. Petitioner challenges the constitutional
validity of DOLE Department Order No. 1 regarding the temporary suspension of
deployment of Filipino domestic and household workers. The said order is being
questioned for the particularly for the following grounds: the discrimination against
males or females; that it applies only to female domestic helpers and not to all Filipino
workers; a violation of the right to travel and more importantly an invalid exercise of
police power.

Issue: Whether or not Department Order No.1 is valid under the Constitution.

Held:

Yes, the SC said that it is admitted that the assailed order is in the nature of a police
measure and police power is in the domain of the legislature, but it does not mean that
such an authority may not be lawfully delegated as in this case, the Department of Labor
and Employment is vested with such authority by the Labor Code. Police power has been
defined as the state authority to enact legislation that may interfere with personal liberty
or property in order to promote the general welfare. As a general rule, official acts enjoy a
presumed validity and in the absence of clear and convincing evidence to the contrary,
the presumption logically stands. The SC also said that it being the caretaker of
Constitutional rights, the Court is called upon to protect victims of exploitation and in
fulfilling that duty it must sustain the Government’s efforts. Discrimination in this case is
justified. Lastly, the Court understands the impact this order would have on the business
of recruitment but the concern of the Government is not to maintain profits of business
firms which suffer because of governmental regulation, but rather to provide a decent
living to its citizens. Petition is dismissed.