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Police Power

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.

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