EMPLOYMENT OF NON-RESIDENT ALIENS ARTS.

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Rule VI. Fines for Working Without AEP. The Regional Director shall have the
power to order and impose a fine of Ten Thousand Pesos (P10,000.00)
for every year or a fraction thereof on foreign nationals found working
without an AEP or with an expired AEP.
Rule VII. Miscellaneous Provisions
1. Separability Clause — If any provision or part of this Department
Order or the application thereof to any person or circumstance is
held invalid by the Courts, the remaining valid provisions of this
Department Order shall not be affected.
2. Repealing Clause — All guidelines, rules and regulations, procedures
and agreements inconsistent herewith are hereby repealed or
modified accordingly.
3. Effectivity — These Rules shall take effect fifteen (15) days after its
publication in two (2) newspapers of general circulation. The Records
Officer of this Department is hereby directed to file three (3) certified
copies thereof with the University of the Philippines Law Center
pursuant to Section 3, Chapter 2, Book VII of the Administrative
Code of 1987.
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General Milling Corporation vs. Torres, G.R. No. 9366, April 22, 1991 —
Facts: The Department of Labor issued an alien employment permit in favor of
Earl Timothy Cone, a United States citizen, as sports consultant and assistant coach
for General Milling Corporation.
Later, 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.
A month later, GMC requested renewal of Cone’s alien employment permit
and that it be allowed to employ Cone as full-fledged coach. The DOLE Regional
Director granted the request.
The Basketball Coaches Association of the Philippines appealed the issuance
of said permit to the Secretary of Labor who canceled Cone’s employment permit
because GMC failed to show that there was no person in the Philippines who was
competent and willing to do the services required nor that the hiring of Cone would
redound to the national interest.
Ruling: 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. Under Article 40 of the Labor
Code, an employer seeking employment of an alien must first obtain an employment
permit from the Department of Labor. GMC’s right to choose whom to employ is
limited by the statutory requirement of an employment permit.

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