This case involves a petition filed by General Milling Corporation (GMC) and Earl Timothy Cone, a US citizen hired by GMC as a sports consultant and assistant basketball coach, challenging the cancellation of Cone's alien employment permit by the Secretary of Labor. The Secretary cancelled the permit on the grounds that there was no showing that there was no Filipino who could do the job or that hiring Cone would benefit the national interest. The court held that: 1) Petitioners could not invoke equal protection since Article 40 of the Labor Code applies only to non-resident aliens like Cone; and 2) The Secretary has the power under the Labor Code to determine availability of local workers and impact on national interest in deciding employment
This case involves a petition filed by General Milling Corporation (GMC) and Earl Timothy Cone, a US citizen hired by GMC as a sports consultant and assistant basketball coach, challenging the cancellation of Cone's alien employment permit by the Secretary of Labor. The Secretary cancelled the permit on the grounds that there was no showing that there was no Filipino who could do the job or that hiring Cone would benefit the national interest. The court held that: 1) Petitioners could not invoke equal protection since Article 40 of the Labor Code applies only to non-resident aliens like Cone; and 2) The Secretary has the power under the Labor Code to determine availability of local workers and impact on national interest in deciding employment
This case involves a petition filed by General Milling Corporation (GMC) and Earl Timothy Cone, a US citizen hired by GMC as a sports consultant and assistant basketball coach, challenging the cancellation of Cone's alien employment permit by the Secretary of Labor. The Secretary cancelled the permit on the grounds that there was no showing that there was no Filipino who could do the job or that hiring Cone would benefit the national interest. The court held that: 1) Petitioners could not invoke equal protection since Article 40 of the Labor Code applies only to non-resident aliens like Cone; and 2) The Secretary has the power under the Labor Code to determine availability of local workers and impact on national interest in deciding employment
GMC v. Torres 196 SCRA 216 FACTS: On 1 May 1989, the Department of Labor and Employment issued Alien Employment Permit No. M-0689-3-535 for petitioner Earl Timothy Cone, a United States citizen. He was hired as a sports consultant and assistant coach for petitioner General Milling Corporation (GMC). GMC and Cone, later, entered into a contract of employment to hire the latter as coach of GMC's basketball team. The Board of Special Inquiry of the Commission on Immigration and Deportation approved Cone's application for a change of admission status from temporary visitor to pre-arranged employee. In 1990, GMC requested 1) a renewal of Cone's alien employment permit and 2) that it be allowed to employ Cone as full-fledged coach. These requests were granted. However, respondent Basketball Coaches Association of the Philippines ("BCAP") appealed the issuance of said alien employment permit to the respondent Secretary of Labor, who ordered the cancellation of Cone's employment permit because there was no showing that 1) there is no other person in the Philippines who is competent, able and willing to perform the services required of Cone nor 2) that the hiring of Cone would redound to the national interest ISSUES/HELD: 1. W/N the petitioner can invoke the equal protection clause in this case Article 40 of the Labor Code reads as follows: Art. 40. Employment per unit of non-resident aliens. Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor. The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired. For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise. (Emphasis supplied) Based on the provision above, petitioners cannot invoke the equal protection clause of the Constitution in this situation. Petitioners refer to Mr. Norman Black to support Cones situation but the Solicitor-General said that no comparison could be made between the two. Unlike Cone, Norman Black is a long time resident of the country so Article 40, which refers to "non-resident aliens," does not apply to him. 2. W/N respondent Secretary has the power to determine 1) the availability of local workers and 2) if the employment of an alien would redound to national interest The Labor Code empowers respondent Secretary to determine the availability of the services of a "person in the Philippines who is competent, able and willing at the time of application to perform the services for which an alien is desired." The Department of Labor is generally the agency with the power to determine the question of availability of local workers. The Secretary of Labor is authorized to take into account the question of whether or not employment of an alien applicant would "redound to the national interest". The second paragraph of Article 40 says: "The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired." The word, may, in the provision indicates the exercise of discretion on the part of the issuing authority.
Henry T. McKinney v. The Missouri-Kansas-Texas Railroad Company and Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employees, 240 F.2d 8, 10th Cir. (1956)