JMM Promotion Promotion & Management, Management, Inc. Inc. vs. CA G.R. No. 120095, August 5, 1996
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government's t's POLICE POLICE POWER, POWER, seci!c seci!ca""# a""#,, t$e Gis Gist: As Ass sail ailed is the governmen o%er o%er to contro contro"" e"o e"o#me #ment nt o ema ema"e "e entert entertain ainers ers to Jaan Jaan (# re)* re )*ir irin ing g an Ar Arti tist st Re Reco cor r +o +oo o -A -AR+ R+ as a r rec econ oni iti tion on to t$ t$e e rocessing (# t$e t$e POEA POEA o an# contract or overseas em"o#ment . Petitioners conten that the right to overseas overseas employment, employment, is a proper property ty right right within within the the meanin meaning g of the the Consti Constitut tution. ion. They They vigor vigorous ously ly aver aver that that erivation t$ereo a""ege"# a""ege"# t$ro*g$ t$e onero*s re)*irement o an AR+ vio vio"at "ates es t$e *e ro roce cess ss c" c"a*s a*se e an an cons constit*t tit*tes es an inva" inva"i i e/ercise o t$e o"ice o%er . Fo""o%ing the much-p eat$ at$ in 011 0110 0 o Mar Maric icris ris Sio Sioson son a much-publ ublici icized zed e nightclu nightclub b entertai entertainer ner in !apan whose whose death until now is unresol unresolved", ved", Tita Cor# orere a tota" (an against the e"o#me e"o#ment nt o erorming artists a(roa. The (an was, however, rescine . #n lieu lieu ther thereo eof, f, the the Secretar# o La(or an Em"o#ment subse$uently issued 2eartment Orer 3o. 45 , creating creating the Entertainment In*str# Avisor# Co*nci" -EIAC, which was tase %it$ iss*ing g*ie"ines on t$e traini training ng,, testin testing g certi certi!c !cati ation on an e" e"o#m o#ment ent o ero erormi rming ng artists a(roa. !anuary %, &''(: )ursuant )ursuant to the *#AC+s recommendations, recommendations, the * artm tme ent Orer 3o. 6 esta( ta("is "is$ing $ing vario*s /ec /ecreta etary iss issued 2ear roce*res an re)*irements or screening erorming artists *ner *ne r a ne% s#stem o training, testing, certi!cation an e"o#ment o t$e ormer. o T$os T$ose e %$o %o*" o*" ass the the test test,, trai traini ning ng and and cert certi0 i0ca cati tion on re$uirement %ere to (e iss*e an Artist's Recor +oo -AR+ , a nece ne cess ssar ar# # r rer ere) e)*i *isi site te to r roc oces essi sing ng o an an# # co cont ntra ract ct o em"o#ment (# t$e POEA . To To 0ne-tune the system, system, * issued issued several orders orders such as: as: •
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DO No. 3-A – 3-A – additional guidelines on guidelines on the training, testing, certification and deployment of performing artists. DO No. 3-B – 3-B – the Artist Record Book (ARB) requirement, requirement, which could be processed only after the artist could show proo o academic and skills training and has passed the required tests. tests. DO No. 3-! – 3-! – providing the minimum salar" a perorming artist and artist and the authori#ed deductions therefrom. deductions therefrom.
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DO No. 3-$ % guidelines on the issuance and use of the ARB by returning perorming artists who, unlike new artists, shall onl" undergo a &pecial Orientation 'rogram (shorter than the basic program) although the" must pass the academic test.
JMM PROMOTIO3 A32 MA3A7EME3T, Inc. an 8AR9 I3TER3ATIO3AL Inc. are intervenors of a civi" case 0led (# t$e Feeration o Entertainment Ta"ent Managers o t$e P$i"iines -FETMOP which assai"e a(ovementione 2eartment Orers contending that: o they vio"ate the constitutional rig$t to trave"1 o a(rige e/isting contracts or em"o#ment 1 o erive individual artists of their "icenses %it$o*t *e rocess o "a%1 and, o the issuance of the Artist Recor +oo -AR+ was iscriminator# and i""ega" and 2in gross vio"ation of the constitutional rig$t to "ie, "i(ert# an roert# .2 The case was ismisse at the trial court CA ismisse the appeal, holding that the A34 and the assailed os were va"i e/ercise o o"ice o%er.
ISS:E: 56 the assailed epartment rders were issued in the valid e7ercise of )olice )ower8 R:LI37; 9*/, they were issued in the valid e7ercise of )olice )ower.
The State’s Police Power The latin ma7im salus populi est suprema lex the welfare of the people is the supreme law" embodies the character of the entire spectrum of public laws aimed at promoting the general welfare of the people under the State's police power . As an in$erent attri(*te o sovereignt# which virtually 2e/tens to ALL P:+LIC 3EE2S ,2 this "least limitable" of governmental powers grants a wide array of instruments through which the state, as parens patriae gives eect to a host of its regulatory powers. #n Rubi v. Provincial Board o !indoro , !ustice ;alcolm wrote that the )olice )ower is COErotection, a"so terme as 't$e "a% o overr*"ing necessit#< PRO=I2E2 the *roses o t$e "a% 2O 3OT 7O
+E9O32 sec*rit# or t$e *("ic %e"are I3TERFERE %it$ t$e rig$t o t$e inivi*a".
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Thus, o"ice o%er concerns government enactments %$ic$ interere %it$ ersona" "i(ert# or roert# in order to romote t$e genera" %e"are or t$e common goo.
The History on OCs !ST#$#%S the assailed &ept Orders as ()*#& exercise of Police Power #n &'=(, the P$i"iines emerge as t$e "argest "a(or sening co*ntr# in Asia dwar0ng the labor e7port of countries with mammoth populations such as #ndia and China. f the hundreds of thousands of wor>ers who left the country for greener pastures in the last few years, %omen comose s"ig$t"# c"ose to $a" o t$ose e"o#e , constituting (?@ between &'=?-&''&. uring the same period, the /upreme Court too> udicial notice of the tren an act t$at most o o*r %omen, a "arge n*m(er em"o#e as omestic $e"ers an entertainers, %ore *ner e/"oitative conitions 2mar>ed by physical and personal abuse. Thus, the government (egan instit*ting meas*res aimed at deploying only those individuals who met set standards which would $ualify them as legitimate performing artists (*t to no avai". Worse, some o o*r %omen $ave (een orce into rostit*tion . Clearly, t$e %e"are o Fi"iino erorming artists, artic*"ar"# t$e %omen %as aramo*nt in t$e iss*ance o 2eartment Orer 3o. 6 . The ne% sc$eme at the very least rationa"i?es t$e met$o o screening erorming artists by re)*iring reasona("e e*cationa" an artistic si""s rom t$em an "imits e"o#ment to on"# t$ose inivi*a"s A2E@:ATEL9 PREPARE2 for the unpredictable demands of employment as artists abroad. he test are aimed at segregating real artists or performers from those passing themselves off as such, eager to accept any available !ob and therefore e"posing themselves to possible e"ploitation.
The Constitution mandates +OTH promotion P,OT%CT#O- of wor.force/ local or o0erseas
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employment
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Section 05 o Artic"e II of the Constitution provides that while the /tate aBrms labor as a primary social economic force, it s$a"" rotect t$e rig$ts o %orers an romote t$eir %e"are .
;ore emphatically, t$e socia" *stice rovisions on "a(or of the &'=? Constitution in its 0rst paragraph states that t$e State s$a"" aBor F:LL PROTECTIO3 to "a(or, LOCAL A32 O=ERSEAS , organized and unorganized and promote full employment and e$uality of employment opportunities for all.
Police power C)- abridge the right of performing wor.ers to return to wor. abroad after ha0ing earlier 1uali2ed under the old process 5hile it is true that roession, trae or ca""ing is a roert# rig$t of which one cannot be deprived without due process of law, t$is rig$t is 3OT a(so"*te, and the roer reg*"ation o t$e same has always been upheld as a "egitimate s*(ect o a va"i e/ercise o t$e o"ice o%er particularly when their conduct aects either the e7ecution of legitimate governmental functions, the preservation of the /tate, the public health and welfare and public morals.
To reten t$at "icensing or accreitation re)*irements vio"ate t$e *e rocess c"a*se is to ignore t$e sett"e ractice , under the mantle of the police power, o reg*"ating entr# to t$e ractice o vario*s traes or roessions . Proessiona"s "eaving or a(roa are re)*ire to ass rigi %ritten an ractica" e/ams before they are deemed 0t to practice their trade. /o long as )rofessionals and other %orers meet reasona("e reg*"ator# stanars, no s*c$ erivation e/ists .
The -on3#mpairment Clause must 4#%*& to Police Power Petitioners invocation o t$e non>imairment c"a*se of the Constitution to support their argument that the government cannot enact the assailed regulatory measures because they abridge the freedom to contract is :3TE3A+LE . #n P"ilippine Association o #ervice $%porters, &nc. vs. 'rilon , the Court held that 2tDhe non>imairment c"a*se o t$e Constit*tion... m*st #ie" to t$e "otier *roses targete (# t$e government .2 #n every contract is a reservation of the police power or so "ong as t$e agreement ea"s %it$ a s*(ect imresse %it$ t$e P:+LIC WELFARE .
The singling out of entertainers and performing artists &O%S -OT 0iolate the %1ual Protection Clause
T$e e)*a" rotection c"a*se 2OES 3OT re)*ire a(so"*te e)*a"it# , (*t mere"# t$at a"" ersons (e treate a"ie *ner "ie conitions both as to privileges conferred and liabilities imposed. It 2OES 3OT or(i c"assi!cation for so "ong as s*c$ c"assi!cation is (ase on rea" an s*(stantia" iBerences $aving a reasona("e re"ation to t$e s*(ect o t$e artic*"ar "egis"ation . #f classi0cation is germane to the purpose of the law, concerns all members of the class, and applies e$ually to present and future conditions, the classi0cation does not violate the e$ual protection guarantee. Eere, the challenged epartment rder clearly a"ies to ALL erorming artists an entertainers estine or o(s a(roa . These orders further the Constitutional mandate re$uiring government to protect our wor>force, particularly those who may be prone to abuse and e7ploitation as they are beyond the physical reach of government regulatory agencies. The assailed measures enable our government to assume a measure of control.
Other pro0isions of &O 5 are ()*#& As to the other provisions of epartment rder 6o. F $uestioned by petitioners, we see nothing wrong with the re$uirements for document and boo>ing con0rmation .. F-C", a minimum salary scale .. F-*", or the re$uirement for registration of returning performers. The re)*irement or a ven*e certi!cate or ot$er oc*ments eviencing t$e "ace an nat*re or %or a""o%s t$e government c"oser monitoring o oreign em"o#ers and $e"s ee o*r entertainers a%a# rom rostit*tion ronts and the li>es. They address a felt need of accoring greater rotection or an ot>e/"oite segment o o*r OCW's . ;any of these provisions were eshed out following recommendations by, and after consultations with, the aected sectors and non-government organizations. n the whole, t$e# are aime at en$ancing t$e saet# an sec*rit# o entertainers an artists (o*n or Jaan an ot$er estinations, without stiing the industry+s concerns for e7pansion and growth.
