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    005 JMM PROMOTION MANAGEMENT, INC. v. CA

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    Roma Monzon

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    005 JMM PROMOTION MANAGEMENT, INC. v. CA

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    Roma Monzon
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    005 JMM PROMOTION MANAGEMENT, INC. v. CA

    Uploaded by

    Roma Monzon

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    © All Rights Reserved
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    JMM PROMOTION MANAGEMENT, INC. v.

    CA
    G.R. No. 120095; August 5, 1996

    EMERGENCY RECIT: Order No. 3 by the Labor Department required an Artist Record Book (ARB) as prerequisite to
    process contract of employment by POEA, petitioners filed a class suit assailing that it is against their Constitutional
    rights and that it is an invalid exercise of police power. SC ruled that it is valid; police power concerns government
    enactments which precisely interfere with personal liberty or property in order to promote the general welfare or
    the common good

    FACTS:
    1. Pres. Cory Aquino ordered a total ban against the deployment of performing artists to Japan and other foreign
    destinations after the death of Maricris Sioson.
    2. The ban was rescinded after leaders of the overseas employment industry promised to extend full support for
    a program aimed at removing kinks in the deployment system.
    3. The government issued Dept. Order No. 28 creating Entertainment Industry Advisory Council (EIAC), tasked to
    issue guidelines on the training, testing certification and deployment of artists abroad.
    4. Pursuant to EIAC’s recommendations, Labor Sec issued Dept. Order No. 3 establishing various procedures and
    requirements for screening artists.
    5. Artists successfully hurdling the test, training and certification were to be issued Artists Record Book (ARB), a
    necessary prerequisite to processing of any contract of employment by the POEA.
    6. The Dept. of Labor issued a series of orders for fine-tuning and implementing the new system.
    7. The Federation of Entertainment Talent Managers of the Philippines (FETMOP) filed a class suit assailing these
    Department Orders saying that they violated the constitutional right to travel, abridged existing contracts for
    employment, and deprived individual artists of their licenses without due process of law. Further contended
    that it violated the right to life, liberty, and property.
    8. JMM Promotion and Kary International (Petitioners) filed a Motion for Intervention.
    9. TC: Denied petitioners’ prayer for a writ of preliminary injunction and dismissed the complaint.
    10. CA: Dismissed the appeal. The Department orders and issuances constituted a valid exercise by the State of
    the police power.

    ISSUE: Whether the ARB requirement under the Department Order No. 3 was a valid exercise of police power

    HELD: YES, it’s a valid exercise of police power

     Salus populi est suprema lex 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.
     It is an inherent attribute of sovereignty which extends to all public needs.
     Police power concerns government enactments which precisely interfere with personal liberty or property in
    order to promote the general welfare or the common good.
     This Court took judicial notice not only of the trend, but also of the fact that most of our women, a large
    number employed as domestic helpers and entertainers, worked under exploitative conditions “marked by
    physical and personal abuse.”
     The government began instituting measures aimed at deploying only those individuals who met set standards
    which would qualify them as legitimate performing artists.
     The tests are aimed at segregating real artists or performers from those passing themselves off as such, eager
    to accept any available job and therefore exposing themselves to possible exploitation.

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