General Milling Corporation vs.

Torres
G.R No. 9366
April 22, 1991
FELICIANO, J.:
FACTS:
Earl Timothy Cone is a US citizen, who was hired by General Milling as
a sports consultant and assistant coach. He possessed an alien employment
permit which was changed to pre-arranged employee by the Board of Special
Inquiry of the Commission on Immigration and Deportation. GMC requested
that Cones employment permit be changed to a full-fledged coach, which
was contested by The Basketball Coaches Association of the Philippines.
Alleging that GMC failed to show that there is no competent person in the
Philippines to do the coaching job. Secretary of Labor cancelled Cones
employment permit.
ISSUE:
Whether or not the Secretary of Labor act with grave abuse of
discretion in revoking Cones Alien Employment Permit?
HELD:
The Secretary of Labor did not act with grave abuse of discretion in
revoking Cones Alien Employment Permit. GMCs claim that hiring of a
foreign coach is an employers prerogative has no legal basis. Under Section
40 of the Labor Code, an employer seeking employment of an alien must first
obtain an employment permit from the Department of labor. GMCs right to
choose whom to employ is limited by the statutory requirement of an
employment permit.
The Labor Code empowers the Labor Secretary to determine as to the
availability of the services of a person in the Philippines who is competent,
able and willing at the time of the application to perform the services for
which an alien is desired.