Philippine Association of Service Exporters, Inc. vs.

Drilon
G.R. No. 81958, June 30, 1988
Sarmiento, J

FACTS: Petitioner PASEI, a firm engaged principally in the

recruitment of Filipino workers, male and female, for overseas
placement, challenges the constitutional validity of Department Order No.
1, series of 1988 of DOLE in the character of Guidelines Governing the
Temporary Suspension of Deployment of Filipino Domestic and
Household Workers. Specifically, it is assailed for discrimination against
males and females; that it does not apply to all Filipino workers but only to
domestic helpers and females with similar skills; and that is it violative of the
right to travel. It is held likewise to be an invalid exercise of lawmaking
power, police power being legislative, and not executive, in character. Still,
the respondents invoke the police power of the Philippine State as a defense.

ISSUE: Whether or not there has been a valid classification in the

challenged Department Order No. 1.

HELD: Yes. The Court ruled that there has been valid classification, the
Filipino female domestics working abroad were in a class by themselves,
because of the special risk to which their class was exposed. There is no
question that Order No.1 applies only to female contract workers but it does
not thereby make an undue discrimination between 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 classification,
provided that:

1. Such classification rests on substantial distinctions

2. That they are germane to the purpose of the law

3. They are not confined to existing conditions

4. They apply equally to all members of the same class

In the case at bar, the classifications made, rest on substantial distinctions.

Therefore, the classification under D.O. No.1 is valid.