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    General-Mills-v.-Torres

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    Allen Windel Bernabe
    General Milling Corporation hired Earl Timothy Cone, a US citizen, as a sports consultant and assistant basketball coach. The Department of Labor initially approved Cone's employment but later revoked his alien employment permit after the Basketball Coaches Association of Philippines appealed. General Milling Corporation and Cone argued that the Secretary of Labor gravely abused his discretion and violated the Labor Code. However, the Supreme Court ruled that the Secretary acted within his authority under the Labor Code to determine if hiring a foreign coach was necessary and in the public's interest, and to revoke the permit. The Court found that the Secretary's decision did not impair any contractual obligations.

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    General-Mills-v.-Torres

    Uploaded by

    Allen Windel Bernabe
    542 views1 page
    General Milling Corporation hired Earl Timothy Cone, a US citizen, as a sports consultant and assistant basketball coach. The Department of Labor initially approved Cone's employment but later revoked his alien employment permit after the Basketball Coaches Association of Philippines appealed. General Milling Corporation and Cone argued that the Secretary of Labor gravely abused his discretion and violated the Labor Code. However, the Supreme Court ruled that the Secretary acted within his authority under the Labor Code to determine if hiring a foreign coach was necessary and in the public's interest, and to revoke the permit. The Court found that the Secretary's decision did not impair any contractual obligations.

    Original Description:

    Case digest.

    Original Title

    80. General-Mills-v.-Torres

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    General Milling Corporation hired Earl Timothy Cone, a US citizen, as a sports consultant and assistant basketball coach. The Department of Labor initially approved Cone's employment but later revoked his alien employment permit after the Basketball Coaches Association of Philippines appealed. General Milling Corporation and Cone argued that the Secretary of Labor gravely abused his discretion and violated the Labor Code. However, the Supreme Court ruled that the Secretary acted within his authority under the Labor Code to determine if hiring a foreign coach was necessary and in the public's interest, and to revoke the permit. The Court found that the Secretary's decision did not impair any contractual obligations.

    Copyright:

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

    General-Mills-v.-Torres

    Uploaded by

    Allen Windel Bernabe
    General Milling Corporation hired Earl Timothy Cone, a US citizen, as a sports consultant and assistant basketball coach. The Department of Labor initially approved Cone's employment but later revoked his alien employment permit after the Basketball Coaches Association of Philippines appealed. General Milling Corporation and Cone argued that the Secretary of Labor gravely abused his discretion and violated the Labor Code. However, the Supreme Court ruled that the Secretary acted within his authority under the Labor Code to determine if hiring a foreign coach was necessary and in the public's interest, and to revoke the permit. The Court found that the Secretary's decision did not impair any contractual obligations.

    Copyright:

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

    GENERAL MILLING CORPORATION and EARL TIMOTHY CONE, petitioners,

    vs.
    HON. RUBEN D. TORRES, in his capacity as Secretary of Labor and Employment, HON.
    BIENVENIDO E. LAGUESMA, in his capacity as Acting Secretary of Labor and Employment,
    and BASKETBALL COACHES ASSOCIATION OF THE PHILIPPINES, respondents.

    Facts:
    - DOLE NCR issued Alien Employment Permit for Earl Timothy Cone, a US Citizen as a sports
    consultant and assistant coach for General Milling Corporation (GMC).
    - GMC and Cone then entered into a contract of employment as coach of GMC’s basketball team.
    Then board of Special Inquiry of the Commission on Immigration and Deportation approved
    Cone’s application for a change of admission status from temporary to visitor to pre-arranged
    employee.
    - GMC requested for renewal of Cone’s Alien employment permit and requested to be allowed to
    employee Cone as a full-fledged coach.
    - DOLE granted the request.
    - Basketball Coaches Association of the Philippines (BCAP) appealed the issuance of the alien
    employment permit to the Secretary of Labor who cancelled the said permit because there was no
    showing that no other person can perform what he is doing and employing him would redound to
    public interest.

    Issue:
    - W/N Sec of Labor gravely abused his discretion when he revoked petitioner Cone’s alien
    employment permit and Section 6 (c), Rule XIV, Book I of the Omnibus Rules Implementing the
    Labor Code is null and void as it is in violation of the enabling law as the Labor Code does not
    empower respondent Secretary to determine if the employment of an alien would redound to
    national interest.

    Ruling:
    - No abuse of discretion.
    - The Supreme Court found that GMC’s claim that hiring of foreign coach is management
    prerogative false.
    - Art. 40 of the Labor code states that an employer seeking employment of an alien must first
    obtain an employment permit from the Department of Labor subject to the statutory requirement
    of alien employment permit.
    - The labor code requires alien employment permits to enter into a contract for employment, hence,
    GMC cannot claim that the Secretary’s decision is tantamount to impairment of obligations of
    contracts.
    - The labor code empowers the secretary to determine as to the availability of the services of a
    person in the Philippines and it likewise 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.”, thus, making
    the GMC's contention that Secretary of labor should have deferred to the findings of Commission
    on Immigration and Deportation as to the necessity of employing Cone without basis.

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