573 JMM v CA

August 5, 1996 G.R. No. 120095 Kapunan, J.

Article 3, Section 10 Sigrid B. Adarlo
Petitioners: Respondents:
JMM Promotion and Management, Inc., and Court of Appeals, Hon. Ma. Nieves Confessor,
Kary International, Inc. Then Secretary Of The Department Of Labor
and Employment, Hon. Jose Brillantes, in his
Capacity as Acting Secretary of the
Department of Labor and Employment and
Hon. Felicisimo Joson, in his Capacity as
Administrator of The Philippine Overseas
Employment Administration
Doctrine:
The non-impairment clause of the constitution must yield to the loftier purposes
targeted by the government.

Facts:
1. Due to the death of Maricris Sioson in 1991, former Pres. Aquino banned the
deployment of performing artists to Japan and other foreign destinations.
2. However, this was rescinded and the government through DOLE issued DO 28, which
created the Entertainment Industry Advisory Council. It is tasked with issuing
guidelines, testing certification and deployment of performing artists abroad.
3. The DOLE Secretary issued a new order establishing various procedures and
requirements for screening and deployment of performing artists. As a requisite for
processing an employment contract by the POEA, performing artists are issued an
Artist’s Record Book (ARB). Prior training is required to obtain the ARB.
4. The Federation of Entertainment Talent Managers of the Philippines (FETMOP) assailed
the department orders contending that:
a. violated the constitutional right to travel;
b. abridged existing contracts for employment;
c. deprived individual artists of their licenses without due process of law
5. The CA denied the petitioners’ prayer for a writ of preliminary injunction and dismissed
the complaint.
Issue/s: Ruling:
1. WON the assailed department orders abridged existing 1. NO
employment contracts
Rationale/Analysis/Legal Basis:
1. The non-impairment clause of the constitution must yield to the loftier purposes
targeted by the government.
There is always a reservation of police power as long as the agreement deals with a
subject matter impressed with the public welfare.