We note, however, that since Rep. Act No. 8042 took effect on July 15, 1995, the
Court had, in a catena of cases, applied the penal provisions in Section 6, including
paragraph (m) thereof, and the last two paragraphs therein defining large scale illegal
recruitment committed by officers and/or employees of recruitment agencies by
themselves and in connivance with private individuals, and imposed the penalties
provided in Section 7 thereof, including the penalty of life imprisonment. [22] The
Informations therein were filed after preliminary investigations as provided for in Section
11 of Rep. Act No. 8042 and in venues as provided for in Section 9 of the said
act. In People v. Chowdury,[23] we held that illegal recruitment is a crime of economic
sabotage and must be enforced.
In People v. Diaz,[24] we held that Rep. Act No. 8042 is but an amendment of the
Labor Code of the Philippines and is not an ex-post facto law because it is not applied
retroactively. In JMM Promotion and Management, Inc. v. Court of Appeals,[25] the issue
of the extent of the police power of the State to regulate a business, profession or
calling vis-à-vis the equal protection clause and the non-impairment clause of the
Constitution were raised and we held, thus:
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 which normally constitutes an actionable wrong.
Nevertheless, no right is absolute, and the proper regulation of a profession, calling,
business or trade has always been upheld as a legitimate subject of a valid exercise of
the police power by the state particularly when their conduct affects either the
execution of legitimate governmental functions, the preservation of the State, the
public health and welfare and public morals. According to the maxim, sic utere tuo ut
alienum non laedas, it must of course be within the legitimate range of legislative
action to define the mode and manner in which every one may so use his own
property so as not to pose injury to himself or others.
In any case, where the liberty curtailed affects at most the rights of property, the
permissible scope of regulatory measures is certainly much wider. To pretend that
licensing or accreditation requirements violates the due process clause is to ignore the
settled practice, under the mantle of the police power, of regulating entry to the
practice of various trades or professions. Professionals leaving for abroad are required
to pass rigid written and practical exams before they are deemed fit to practice their
trade. Seamen are required to take tests determining their seamanship. Locally, the
Professional Regulation Commission has begun to require previously licensed doctors
and other professionals to furnish documentary proof that they had either re-trained or
had undertaken continuing education courses as a requirement for renewal of their
licenses. It is not claimed that these requirements pose an unwarranted deprivation of