19) JMM Promotion and Management, Inc. v. Court of Appeals

19. JMM Promotion and Management, Inc. v.
Court of Appeals the proper regulation of a profession, calling, business or trade has
G.R. No. 120095 | August 5, 1996 always been upheld as a legitimate subject of a valid exercise of the
police power by the state particularly when their conduct affects either
FACTS: Due to the abuse experienced by Filipinas working abroad (as the execution of legitimate governmental functions, the preservation of
entertainers or as domestic helpers), Pres. Cory Aquino ordered a total the State, the public health and welfare and public morals. According to
ban against deploying performing artists overseas. Later on, in order to the maxim, sic utere tuo ut alienum non laedas, it must of course be
lift this ban, but still curtail these incidents, the Secretary of DOLE issued within the legitimate range of legislative action to define the mode and
Department Order (DO) No. 28, which created the Entertainment manner in which every one may so use his own property so as not to
Industry Advisory Council (EIAC). The EIAC was tasked with issuing pose injury to himself or others. In any case, where the liberty curtailed
guidelines on the training, certification, and deployment of performing affects at most the rights of property, the permissible scope of
artists abroad. regulatory measures is certainly much wider. To pretend that licensing or
Under the EIAC’s recommendation, the Secretary of Labor issued accreditation requirements violates the due process clause is to ignore
DO No. 3, which established various procedures and requirements for the settled practice, under the mantle of the police power, of regulating
screening performing artists under a new system of training, testing, entry to the practice of various trades or professions. Locally, the
certification and deployment. Those who pass the Professional Regulation Commission has begun to require previously
test/training/certification requirements were to be issued an Artist's licensed doctors and other professionals to furnish documentary proof
Record Book (ARB), which was a necessary prerequisite to processing of that they had either re-trained or had undertaken continuing education
any contract of employment. The Secretary of Labor also issued DO Nos. courses as a requirement for renewal of their licenses. It is not claimed
3-A to 3-F, in order to supplement or implement DO No. 3. that these requirements pose an unwarranted deprivation of a property
The Federation of Entertainment Talent Managers of the right under the due process clause. So long as Professionals and other
Philippines (FETMOP) filed a class suit assailing the above Department workers meet reasonable regulatory standards no such deprivation
Orders. JMM Promotion Management, Inc. and Kary International, Inc. exists.
filed a Motion for Intervention, which was granted by the RTC. They all
(2) WON singling out entertainers under the assailed DOs constituting
claim that the DOs deprived artists of their licenses without due process
class legislation which violates the equal protection clause:
of law and that the ARB was discriminatory and was in gross violation to
NO. The equal protection clause is directed principally against undue
the Constitutional right to life, liberty, and property.
favor and individual or class privilege. It is not intended to prohibit
legislation which is limited to the object to which it is directed or by the
ISSUE: WON the Department Orders and the ARB requirement are
territory in which it is to operate. It does not require absolute equality,
unconstitutional?
but merely that all persons be treated alike under like conditions both as
to privileges conferred and liabilities imposed. Note, the equal
HELD: NO. They are valid.
protection clause of the does not forbid classification for so long as such
(1) WON artists are deprived of their licenses without due process of
classification is based on real and substantial differences having a
law:
reasonable relation to the subject of the particular legislation. If
NO. A profession, trade or calling is a property right within the meaning
classification is germane to the purpose of the law, concerns all
of our constitutional guarantees. One cannot be deprived of the right to
members of the class, and applies equally to present and future
work and the right to make a living because these rights are property
conditions, the classification does not violate the equal protection
rights, the arbitrary and unwarranted deprivation of which normally
constitutes an actionable wrong. Nevertheless, no right is absolute, and
guarantee. In the case at bar, the challenged DO clearly applies to all
performing artists and entertainers destined for jobs abroad.
WHEREFORE, finding no reversible error in the decision sought to be

reviewed, petition is hereby DENIED.

19) JMM Promotion and Management, Inc. v. Court of Appeals

Uploaded by

Copyright:

Available Formats

19) JMM Promotion and Management, Inc. v. Court of Appeals

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

19) JMM Promotion and Management, Inc. v. Court of Appeals

Uploaded by

Copyright:

Available Formats

19. JMM Promotion and Management, Inc. v.

WHEREFORE, finding no reversible error in the decision sought to be

You might also like