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General Milling Corporation vs. Torres: G.R No. 9366, April 22, 1991

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Mirzi Olga Breech Silang

Under Philippine labor law, employers must obtain an employment permit from the Department of Labor before hiring aliens. General Milling Corporation's right to choose its employees is limited by this statutory requirement. The Labor Secretary has the power to determine if a qualified Filipino is able and willing to perform the services required before approving an alien employment permit. In this case, the Secretary of Labor did not abuse their discretion in revoking the permit of an American coach hired by General Milling Corporation, as the company failed to prove there was no competent Filipino available for the role.

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General Milling Corporation vs. Torres: G.R No. 9366, April 22, 1991

Uploaded by

Mirzi Olga Breech Silang
1K views1 page
Under Philippine labor law, employers must obtain an employment permit from the Department of Labor before hiring aliens. General Milling Corporation's right to choose its employees is limited by this statutory requirement. The Labor Secretary has the power to determine if a qualified Filipino is able and willing to perform the services required before approving an alien employment permit. In this case, the Secretary of Labor did not abuse their discretion in revoking the permit of an American coach hired by General Milling Corporation, as the company failed to prove there was no competent Filipino available for the role.

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Under Philippine labor law, employers must obtain an employment permit from the Department of Labor before hiring aliens. General Milling Corporation's right to choose its employees is limited by this statutory requirement. The Labor Secretary has the power to determine if a qualified Filipino is able and willing to perform the services required before approving an alien employment permit. In this case, the Secretary of Labor did not abuse their discretion in revoking the permit of an American coach hired by General Milling Corporation, as the company failed to prove there was no competent Filipino available for the role.

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© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
1K views1 page

General Milling Corporation vs. Torres: G.R No. 9366, April 22, 1991

Uploaded by

Mirzi Olga Breech Silang
Under Philippine labor law, employers must obtain an employment permit from the Department of Labor before hiring aliens. General Milling Corporation's right to choose its employees is limited by this statutory requirement. The Labor Secretary has the power to determine if a qualified Filipino is able and willing to perform the services required before approving an alien employment permit. In this case, the Secretary of Labor did not abuse their discretion in revoking the permit of an American coach hired by General Milling Corporation, as the company failed to prove there was no competent Filipino available for the role.

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Under Section 40 of the Labor Code, an employer seeking

General Milling Corporation vs. Torres


employment of an alien must first obtain an employment permit from
G.R No. 9366, April 22, 1991
the Department of labor. GMC’s right to choose whom to employ is
limited by the statutory requirement of an employment permit.
FACTS:

Earl Timothy Cone is a US citizen, who was hired by General Milling


The Labor Code empowers the Labor Secretary
as a sports consultant and assistant coach. He possessed an alien to determine as to the availability of the services of a
“person in the Philippines who is competent, able and
employment permit which was changed to pre-arranged employee
willing at the time of the application to perform the
by the Board of Special Inquiry of the Commission on Immigration services for which an alien is desired.”
and Deportation. GMC requested that Cone’s 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
Cone’s employment permit.

ISSUE:
Whether or not the Secretary of Labor act with grave abuse of
discretion in revoking Cone’s Alien Employment Permit?

HELD:
The Secretary of Labor did not act with grave abuse of discretion in
revoking Cone’s Alien Employment Permit. GMC’s claim that hiring
of a foreign coach is an employer’s prerogative has no legal basis.

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