G.R. No. 81958
June 30, 1988
Facts
DOLE issued Department Order No. 1, Series of 1988 which is also known as “GUIDELINES GOVERNING THE TEMPORARY SUSPENSION OF DEPLOYMENT OF FILIPINO DOMESTIC AND HOUSEHOLD WORKERS”. The constitutionality thereof is being challenged for alleged discrimination since the Order applies only to “female contract workers.” Hence, the Order is alleged to be unconstitutional for violating the equal protection clause.
Issue
Whether or not the Order is unconstitutional?
Held
No. While the Constitution guarantees equal protection of laws for all persons, it does not prohibit reasonable distinctions. What the Constitution prohibits is the singling out of a select person or group of persons within an existing class, to the prejudice of such a person or group or resulting in an unfair advantage to another person or group of persons. The test for the reasonableness of distinction provides that it must be substantial, germane to the purpose of the law, applies to existing conditions, and applies equally to people to the same class.
In this case, the test of reasonableness is satisfied.
First, there is substantial distinction on the preference for female workers since there is reliable evidence providing that male OFW does not usually suffers the exploitative working conditions suffered by female OFW abroad.
Second, the distinction is germane to the purpose of the law since the Order is aimed to enhance the protection of female OFW workers.
Third, the Order applies to existing conditions since it is intended to apply indefinitely so long as the conditions exist. It is clear from the Order itself meaning to say that should the authorities arrive at a means impressed with a greater degree of permanency, the ban shall be lifted.
Lastly, the Order applied equally to all people of the same class since impugned guidelines are applicable to all female domestic overseas workers. Had the ban been given universal applicability, then it would have been unreasonable and arbitrary. For obvious reasons, not all of them are similarly circumstanced.
Hence, DOLE’s Department Order No. 1 is constitutional.