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1 - PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC vs. HON. DRILON G.R. No. 81958, June 30, 1988

The Philippine Association of Service Exporters challenged the validity of Department Order No. 1 that temporarily suspended the deployment of Filipino domestic and household workers. The order was argued to discriminate against males/females and not apply equally. However, the Supreme Court upheld the order as a valid exercise of police power, finding that protecting workers from exploitation and abuse abroad was in the interest of public welfare. While the order only applied to female workers, the Court found this was a reasonable classification given evidence of maltreatment specifically faced by women in domestic work. Upholding the order allowed the government to address the plight of Filipina workers facing physical and sexual abuse overseas.

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46 views1 page

1 - PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC vs. HON. DRILON G.R. No. 81958, June 30, 1988

The Philippine Association of Service Exporters challenged the validity of Department Order No. 1 that temporarily suspended the deployment of Filipino domestic and household workers. The order was argued to discriminate against males/females and not apply equally. However, the Supreme Court upheld the order as a valid exercise of police power, finding that protecting workers from exploitation and abuse abroad was in the interest of public welfare. While the order only applied to female workers, the Court found this was a reasonable classification given evidence of maltreatment specifically faced by women in domestic work. Upholding the order allowed the government to address the plight of Filipina workers facing physical and sexual abuse overseas.

Uploaded by

Lord Jester Aguirre
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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1

PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS, INC vs. HON. DRILON


G.R. No. 81958, June 30, 1988

SARMIENTO, J.:

Facts:

 Petitioner: PASEI
 Respondent: Franklin Drilon, Secretary of labor
 Philippine Association of Service Exporters, Inc. challenges the Constitutional validity of DOLE
Department Order No. 1, Series of 1988. Titled: "GUIDELINES GOVERNING THE TEMPORARY
SUSPENSION OF DEPLOYMENT OF FILIPINO DOMESTIC AND HOUSEHOLD WORKERS"
 The measure is assailed for "discrimination against males or females;" that it "does not apply to
all Filipino workers but only to domestic helpers and females with similar skills;"  and that it is
violative of the right to travel.
 The petitioner argued that to be an invalid exercise of the lawmaking power, police power being
legislative, and not executive, in character.
 PASEI invokes Section 3, of Article XIII, of the Constitution, providing for worker participation "in
policy and decision-making processes affecting their rights and benefits as may be provided by
law."
 DO no. 1 was passed in the absence of prior consultations
 March 8, 1988, respondent Labor Secretary lifted the deployment In submitting the validity of the
challenged "guidelines," the Solicitor General invokes the police power of the Philippine State.

Issue:

 Whether or not DO no. 1 is valid exercise of police power under the Constitution?

Ruling:

Yes it is a valid exercise of police power; It 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."

It consists of (1) an imposition of restraint upon liberty or property, (2) in order to foster the common
good.

There is no question that Department Order No. 1 applies only to "female contract workers," but it does
not thereby make an undue discrimination between the 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 classifications, provided that (1) such classifications rest on substantial distinctions; (2) they
are germane to the purposes of the law; (3) they are not confined to existing conditions; and (4) they
apply equally to all members of the same class.

Reason why D.O. no 1 was implemented

The Court is well aware of the unhappy plight that has befallen our female labor force abroad, especially
domestic servants, amid exploitative working conditions marked by, in not a few cases, physical and
personal abuse. The sordid tales of maltreatment suffered by migrant Filipina workers, even rape and
various forms of torture, confirmed by testimonies of returning workers, are compelling motives for
urgent Government action.

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