G.R. No. 93666 Case Digest

G.R. No. 93666 April 22, 1991

Gen. Milling Corp and Earl Cone, petitioners

vs Hon. Torres in his capacity as secretary of Labor and Employment, et. al.

Ponente: Feliciano

Facts:

May 1989, the NCR-Dept.Labor and Employment issued Alien Employment permit in favor of petitioner earl cone, a US citizen as sports consultant and assistant coach for GMC. Dec. 1989 then GMC and Cone entered into a contract of employment. Then January 1990, the board of special inquiry of the commission and deportation approved Cone's application for a change of admission status from temporary visitor to pre-arranged employee. On Feb. 1990, GMC requested for renewal of Cone's alien employment permit which was granted by DOLE regional director. The alien employment is valid until December 1990.

Private respondent BCAP appealed the issuance of said alien employment permit to the secretary of labor who issued a decision ordering the cancellation of Cone's employment permit on the ground that there was no showing that there is no person in the Philippines who is competent, able and willing to perform the services required nor that the hiring of Cone redound to the national interest.

GMC filed a motion for reconsideration and 2 supplemental motions for reconsideration but were bothe denied by acting secretary Laguesma.

Issue:

GMC before the court on a petition for certiorari alleging that: (1) Secretary of Labor gravely abused his discretion when he revoked the alien employment permit and (2) labor code does not empower secretary to determine if the employment of an alien would redound to national interest.

Ruling: Petition dismissed.

Court considers that petitioners have failed to show any grave abuse of discretion on the part of secretary. The alleged failure to notify petitioners of the appeal filed by BCAP was cured when petitioners were allowed to file their motion for reconsideration before secretary of labor.

GMC's claim that hiring of a foreign coach is an employer's prerogative has no legal basis at all. Under article 40 of labor code, an employment permit is required to hire a foreigner, as it applies to "non-resident aliens".

GMS can't claim that Secretary's decision would amount to an impairment of the obligations of contracts because Labor code requires alien employment permits to enter a contract of employment for foreigners.

GMC's contention that Secretary of labor should have deferred to the findings of Comm. On Immigration and Deportation as to the necessity of employing Cone is also without basis. The labor code specifically empowers secretary to make a determination as to the availability of the services of a person in the Philippines.