AMP/OPM on B.I.D Memorandum of Agreement From Atty. Pablito Perez
The Memorandum of Agreement with the Bureau of Immigration and Deportation (“BID”) enforcing the equity system of OPM and Amp is valid and enforceable on the following grounds:
1.The 1987 Constitution directs the State to extend its patronage over arts and letters.
1.1 Article xiv, section 15, “Arts and letters shall enjoy the patronage of the State. The State shall conserve promote, and popularize the nation’s historical and cultural heritage and resources as well as artistic creations”.
2. The BID has plenary powers to regulate the entry of foreign artists and professionals.
2.1 The entry and admission of foreigners for whatever purpose is a mere privilege, not a demandable right.
2.2 Section 3 of the Immigration Act grants the BID broad rule-making powers to issue such rules or instructions as may be best calculated to carry out the provisions of immigration laws, including restrictions or prohibitions on alien employment.
3.Regulation of entry to the practice of various trades or professions is a valid exercise of police power. (JMM Promotion and management Inc. et. Al vs. Court of Appeals, G.R. No. 120095, August 5, 1996)
3.1 Police power means the power to promulgate law, rules and regulations for the public good.
- The MOA implements BID Law Instruction No. 27 ( Special Work Permit) and Law Instruction No. 56 (Supplement)
- The BID has analogous agreements with the Philippine Basketball Association on imported players (1997 BI- PBA Memorandum of Agreement on Hiring of Professional Basketball Players). OPM/AMP/BID is not the only agreement of its kind.
- The certification by OPM/AMP of Filipino artists and entertainers seeking foreign employment is a requirement of POEA