6/8/2020 E-Library - Information At Your Fingertips: Printer Friendly 329 Phil. 87 FIRST DIVISION [ G.R. No. 120095, August 05, 1996 ] JMM PROMOTION AND MANAGEMENT, INC., AND KARY INTERNATIONAL, INC., PETITIONER, VS. HON. COURT OF APPEALS, HON. MA. NIEVES CONFESSOR, THEN SECRETARY OF THE DEPARTMENT OF THE LABOR AND EMPLOYMENT, HON. JOSE BRILLANTES, IN HIS CAPACITY AS ACTING SECRETARY OF THE DEPARTMENT OF LABOR AND EMPLOYMENT AND HON. FELICISIMO JOSON, IN HIS CAPACITY AS ADMINISTRATOR OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION, RESPONDENTS. DECISION KAPUNAN, J.: The limits of government regulation under the State's Police Power are once again at the vortex of the instant controversy. Assailed is the government's power to control deployment of female entertainers to Japan by requiring an Artist Record Book (ARB) as a precondition to the processing by the POEA of any contract for overseas employment. By contending that the right to overseas employment, is a property right within the meaning of the Constitution, petitioners vigorously aver that deprivation thereof allegedly through the onerous requirement of an ARB violates the due process clause and constitutes an invalid exercise of the police power. The factual antecedents are undisputed. Following the much-publicized death of Maricris Sioson in 1991, former President Corazon C. Aquino ordered a total ban against the deployment of performing artists to Japan and other foreign destinations. The ban was, however, rescinded after leaders of the overseas employment industry promised to extend full support for a program aimed at removing kinks in the system of deployment. In its place, the government, through the Secretary of Labor and Employment, subsequently issued Department Order No. 28, creating the Entertainment Industry Advisory Council (EIAC), which was tasked with issuing guidelines on the training, testing certification and deployment of performing artists abroad. Pursuant to the EIAC's recommendations,[1] the Secretary of Labor, on January 6, 1994, issued Department Order No. 3 establishing various procedures and requirements for screening performing artists under a new system of training, testing, certification and deployment of the former. Performing artists successfully hurdling the test, training and certification requirement were to be issued an Artist's Record Book (ARB), a necessary prerequisite to processing of any contract of employment by the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/34037 1/8