PASEI VS.

DRILON
G.R. No. 81958, June 30, 1988
Justice Abraham Sarmiento

FACTS:

Due to repeated cases of exploitation and abuse on female domestic workers abroad, a
suspension on the deployment of Filipino domestic and household workers was ordered by DOLE
in 1988. Philippine Association of Service Exporters, Inc. (PASEI) challenged the constitutionality
of Guidelines governing the said order filed a petition for the lifting of said suspension.
The petitioner alleged that DOLE violated the Constitution by being gender -
discriminative as the guidelines only apply to female domestic workers. It also alleged that the ban
violates the right to travel and that the department made an invalid exercise of lawmaking power.
The department, through the Solicitor-general invoked the police power of the State in
explaining the validity of the said guidelines.

ISSUE:

- Whether the guidelines governing the suspension of deployment is unconstitutional

- Whether DOLE made an invalid exercise of lawmaking power

RULING:

The Supreme Court held that the Department Order No. 1 did not violate any provision of
Constitution. The guidelines states that the suspension will be lifted on the countries affected as
soon as there will be mechanisms providing sufficient safeguards ensuring welfare and protection
of the Filipino workers.
The court cited Art XIII, Sec 3(1) of the Constitution that deals with the full protection to
labor. It is held that “protection to labor” does not signify promotion of employment alone but also
the assurance that such employment is decent, just and humane. After the cases of exploitation and
abuse of Filipina overseas workers, the court deemed that the action of DOLE mirrors the
Government’s duty to ensure that the Filipino work force have adequate protection even, while
away from home.