Professional Documents
Culture Documents
1982
June 30, 1982
The Director
Bureau of Employment Services
Ministry of Labor and Employment
Intramuros, Manila
Sir :
This has reference to your request for opinion on certain queries concerning
the employment of aliens in a newspaper "catering exclusively to the Chinese
community".
Particularly, your queries are:
"1.
"2.
"3.
I
Queries 1 and 2 are interrelated with each other and are thus hereunder taken
up together. Our answer to these queries is that an alien may be employed in such a
newspaper only as technical personnel with the permission of the Minister of Justice,
as required by the Anti-Dummy law.
LexLib
Section 2-A of Commonwealth Act No. 108 as amended by P.D. No. 715,
otherwise known as the Anti-Dummy Law, reads insofar as is pertinent:
"Section 2-A.
Any person, corporation, or association which,
having in its name or under its control, a right, franchise, privilege, property or
business, the exercised or enjoyment of which is expressly reserved by the
Constitution or the laws to citizens of the Philippines or of any other specific
country, or to corporations or associations at least sixty per centum of the
capital of which is owned by such citizens, permits or allows the use,
exploitation or enjoyment thereof by a person, corporation or association not
possessing the requisites prescribed by the Constitution or the laws of the
Philippines; or leases, or in any other way, transfers or conveys said right
franchise, privilege, property or business to a person, corporation or association
not otherwise qualified under the Constitution, or the provisions of the existing
laws; or in any manner permits or allows any person, not possessing the
qualifications required by the Constitution, or existing laws to acquire, use
exploit or enjoy a right, franchise, privilege, property or business, the exercise
and enjoyment of which are expressly reserved by the Constitution or existing
laws to citizens of the Philippines or of any other specific country, to intervene
in the management, operation, administration or control thereof, whether as an
officer, employee or laborer therein with or without remuneration except
technical personnel whose employment may be specifically authorized by the
Secretary of Justice . . .; and Provided, finally, That the election of aliens as
members of the board of directors or governing body of corporations or
associations engaging in partially nationalized activities shall be allowed in
proportion to their allowable participation or share in the capital of such
entities." (Emphasis supplied.)
associations to their allowable participation in the capital of such entities applies only
to partially nationalized businesses or activities, i.e., those business activities or
undertakings the enjoyment or exercise of which is limited by the constitution or any
law to corporations or associations at least 60% of the capital of which is owned by
Filipino citizens, and not to completely nationalized businesses or activities such as
mass media undertakings.
Finally, the fact that the newspaper caters "exclusively to the Chinese
community" would not serve to place the undertaking outside of the purview of the
subject prohibitions/limitations applicable to mass media. Such fact would not change
the essential nature of the undertaking, that is, one which engaged in the
dissemination of information and ideas to the public, be this a portion only thereof,
which is the distinctive feature of any mass media undertaking.
LexLib
II
Anent query No. 3, the "alien's definite length of stay in the Philippines" can
not serve as justification for granting to him the privilege of employment in a mass
media activity.
The criteria used by this Ministry in granting specific authorization to employ
alien "technical personnel" in a nationalized business or activity are: whether the
position sought to be filled is technical in nature, taking into consideration the duties
involved therein, and whether the applicant possesses the required qualifications. In
this connection, it may be stressed that this Ministry, in construing the term "technical
personnel" to determine whether it applies to a given situation usually refers the
application for employment of technical personnel in partly nationalized undertakings
to the government office that exercises supervision over the employing corporation
for its comment and recommendation,. We rely heavily upon the recommendation of
said office in deciding whether to approve or disapprove the application. In the case
of employment of technical personnel in mass media, we refer the application to the
Office of Public Information.
Finally, it may be relevant to state that under Ministry Circular No. 210 dated
December 1, 1980 of this Ministry, (copy enclosed), prescribing the procedure for
processing applications for authority to employ foreign technicians in a wholly or
partially nationalized trade, business, industry or undertaking, among the required
documents to be submitted is the alien employee's permit or certification from the
Ministry of Labor and Employment that there are not local technicians, available for
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