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place and nature of work allows the government closer monitoring of foreign employers
and helps keep our entertainers away from prostitution fronts and other worksites
associated with unsavory, immoral, illegal or exploitative practices. Parenthetically,
none of these issuances appear to us, by any stretch of the imagination, even remotely
unreasonable or arbitrary. They address a felt need of according greater protection for
an oft-exploited segment of our OCW's. They respond to the industry's demand for
clearer and more practicable rules and guidelines. Many of these provisions were
fleshed out following recommendations by, and after consultations with, the affected
sectors and non-government organizations. On the whole, they are aimed at enhancing
the safety and security of entertainers and artists bound for Japan and other
destinations, without stifling the industry's concerns for expansion and growth.
In any event, apart from the State's police power, the Constitution itself mandates
government to extend the fullest protection to our overseas workers. The basic
constitutional statement on labor, embodied in Section 18 of Article II of the
Constitution provides:
Sec. 18. The State affirms labor as a primary social economic force. It shall
protect the rights of workers and promote their welfare.
More emphatically, the social justice provision on labor of the 1987 Constitution in its
first paragraph states:
The State shall afford full protection to labor, local and overseas, organized
and unorganized and promote full employment and equality of employment
opportunities for all.
Obviously, protection to labor does not indicate promotion of employment alone. Under
the welfare and social justice provisions of the Constitution, the promotion of full
employment, while desirable, cannot take a backseat to the government's
constitutional duty to provide mechanisms for the protection of our workforce, local or
overseas. As this Court explained in Philippine Association of Service Exporters (PASEI)
v. Drilon,[11] in reference to the recurring problems faced by our overseas workers:
What concerns the Constitution more paramountly is that such an
employment be above all, decent, just, and humane. It is bad enough that
the country has to send its sons and daughters to strange lands because it
cannot satisfy their employment needs at home. Under these circumstances,
the Government is duty-bound to insure that our toiling expatriates have
adequate protection, personally and economically, while away from home.
We now go to petitioners' assertion that the police power cannot, nevertheless, abridge
the right of our performing workers to return to work abroad after having earlier
qualified under the old process, because, having previously been accredited, their
accreditation became a property right," protected by the due process clause. We find
this contention untenable.
A profession, trade or calling is a property right within the meaning of our constitutional
guarantees. One cannot be deprived of the right to work and the right to make a living
because these rights are property rights, the arbitrary and unwarranted deprivation of
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