G.R. No. 93666 - General Milling Corp. vs. Torres

On 1 May 1989, the DOLE–National Capital Region issued Alien Employment Permit No. M-0689-3-535 to Earl Timothy Cone, a U.S. citizen, as sports consultant and assistant coach for General Milling Corporation (GMC).
On 27 December 1989, GMC and Cone entered into a contract of employment for Cone to coach GMC’s basketball team.

On 15 January 1990, the Board of Special Inquiry of the Commission on Immigration and Deportation approved Cone’s change of admission status from temporary visitor to prearranged employee.
On 9 February 1990, GMC requested renewal of Cone’s alien employment permit and authorization to employ him as full-fledged coach; on 15 February 1990, DOLE Regional Director Luna Piezas granted the request.
On 18 February 1990, Alien Employment Permit No. M-0290-3-881 was issued, valid until 25 December 1990.

The Basketball Coaches Association of the Philippines (BCAP) appealed the issuance to the Secretary of Labor, who, on 23 April 1990, canceled Cone’s permit for failure to show (a) non-availability of competent local personnel and (b) that hiring Cone would redound to national interest.
GMC filed a Motion for Reconsideration and two supplemental motions, all denied by Acting Secretary Bienvenido E. Laguesma on 8 June 1990.
On 14 June 1990, petitioners filed a Petition for Certiorari before the Supreme Court alleging grave abuse of discretion and that Section 6(c), Rule XIV, Book I of the IRR is null and void.

Did the Secretary of Labor gravely abuse his discretion or act without or in excess of jurisdiction in revoking Cone’s alien employment permit?
Is Section 6(c), Rule XIV, Book I of the IRR ultra vires and void for not being authorized by Article 40 of the Labor Code?
Were petitioners denied due process by not being notified of BCAP’s appeal?