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.