CASE 11: JMM Promotion and Management, Inc. v. Court of Appeals (G.R. No. 120095, August 5, 1996)

Police Power of the State

The government has the authority to regulate certain rights, including employment, to protect public welfare, health, safety, and morals. The Court upheld the Department of Labor and Employment's (DOLE) authority to impose additional requirements for Filipino entertainers working abroad.

Artist Record Book (ARB) Requirement

DOLE’s requirement for entertainers to obtain an ARB before being deployed abroad was a valid regulatory measure to ensure that only qualified and trained artists work overseas, minimizing exploitation and abuse.

Right to Travel (Article III, Section 6, 1987 Constitution)

The Court ruled that the ARB requirement did not violate the right to travel since it was a regulatory measure for overseas employment and not a blanket restriction on travel.

Due Process Clause (Article III, Section 1, 1987 Constitution)

The Court held that the ARB requirement did not deprive artists of property rights arbitrarily, as it was a reasonable condition for employment abroad under state regulation.

Non-Impairment of Contracts Clause (Article III, Section 10, 1987 Constitution)

The Court ruled that existing employment contracts must yield to valid regulatory measures in the interest of public welfare.

State Protection of Labor (Article II, Section 18, 1987 Constitution)

The Court emphasized that the government has a constitutional duty to protect Filipino workers, including entertainers, from exploitation and abuse abroad.

Social Justice and Labor Rights (Article XIII, Section 3, 1987 Constitution)

The Court reaffirmed the state’s obligation to ensure fair and humane working conditions for overseas workers.

Equal Protection Clause (Article III, Section 1, 1987 Constitution)

The Court ruled that the ARB requirement was not discriminatory since it applied equally to all Filipino entertainers seeking employment abroad.

Licensing and Accreditation as Regulatory Measures

The Court held that professions and trades can be subject to reasonable licensing requirements without violating due process, similar to how other skilled workers and professionals are regulated.

Judicial Notice of Overseas Workers’ Exploitation

The Court took judicial notice of reports that many Filipino entertainers abroad were subjected to abuse, including forced prostitution, justifying government regulation.