Philippine Association of Service Exporters, Inc. vs.

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

Facts:

Petitioner, a firm engaged 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 the
Department of Labor and Employment which temporarily suspends the Deployment of Filipino Domestic
and Household Workers specifically to domestic helpers and females with similar skills. Petitioner argues
that it is violative of the right to travel and discriminative against males and females, thus, an invalid
exercise of the lawmaking power, police power being legislative, and not executive in character.

Issue: 1.Is the Department Order issued by the DOLE an invalid exercise of legislative power since such
power is the domain of the legislature and not the DOLE, it being a mere agency of the Government?
2. Is there undue discrimination between sexes regarding Department Order No. 1 since it applies only
to “female contract workers”?

Ruling:

1. No. It is true that police power is the domain of the legislature, but it does not mean that such
an authority may not be lawfully delegated. The Labor Code itself vests the DOLE with the rule-
making powers in the enforcement whereof.
2. None. The Constitution does not import a perfect identity of rights among all men and women.
It admits of classifications, provided that such classifications rest on substantial distinctions;
they are germane to the purposes of the law; they are not confined to existing conditions and
apply equally to all members of the same class. The Court is satisfied that the classification made
– the preference for female workers – rests on substantial distinctions.