AMCOW vs. GCC AMCA, G.R. No.

207132

Association of Medical Clinic for Overseas Workers Inc. v. GCC Approved

Medical Center Association, GR 207132, 6 December 2016

FACTS: 

 DOH issued Administrative Order No. 5, Series of 2001 which directed the
decking or equal distribution of migrant workers among the several clinics who
are members of GAMCA. Subsequently, RA No. 10022 lapsed into law without
the President's signature.
 Section 16 of RA No. 10022, the DOH, directed GAMCA to cease and desist
from implementing the referral decking system and to wrap up their operations
within three (3) days from receipt thereof.

 GAMCA filed a petition before the RTC for grave abuse of discretion on the part
of DOH and praying to declare Section 16 of RA No. 10022 as unconstitutional. It
noted that the referral decking system is part of the application procedure in
obtaining visas to enter the GCC States, a procedure made in the exercise of the
sovereign power of the GCC States to protect their nationals from health
hazards, and of their diplomatic power to regulate and screen entrants to their
territories.

ISSUE/S:
Whether the DOH letters prohibiting GAMCA from implementing the referral decking
system embodied under Section 16 of Republic Act No. 10022 violates Section 3,
Article II of the 1987 Constitution for being an undue taking of property. 

RULING:
No,Police power includes (1) the imposition of restraint on liberty or property, (2) in
order to foster the common good. The exercise of police power involves the "state
authority to enact legislation that may interfere with personal liberty or property in order
to promote the general welfare."