Court favors local coaches

Citing grave abuse of discretion for the fast issuance of employment permits, the Court of Appeals has set aside the decisions of Secretary Patricia Sto. Tomas and a regional director of the Department of Labor and Employment allowing two American coaches to work in the country despite their alien status.

In a 17-page decision penned by Associate Justice Renato Dacudao, the CA First Division granted the petition of the Basketball Coaches Association of the Philippines Inc., led by its president, Chito Narvasa against Sto. Tomas, DOLE-National Capital Region director Alex Maraan and the Philippine Long Distance and Telephone Co. for employing American coaches William Bayno and Paul Ralph Woolpert as head coaches for its Talk n Text Phonepals basketball team in 2002.

In its ruling dated Feb. 26, the Court said alien employment permits issued to Bayno and Woolpert were null for being issued with grave abuse of discretion resulting in the petitioner’s denial of due process by the DOLE officials.

The Court pointed out Maraan appeared to have set his mind to deny the objection of BCAP even before its position paper was filed.

"It is simply astounding how fast public respondent was able to draft and promulgate the decision. It took him less than 24 hours to read the position paper and draft a decision. The Court appreciates the almost instantaneous action of public respondent, but he must take into consideration the fact that in resolving cases, the evidence must be evaluated carefully so as to accord and not to deprive, both parties due process," the CA said.

The Court also noted the "equally remarkable fact" that while it took Maraan less than 24 hours to decide the case involving the American coaches, the DOLE secretary ruled on the petitioner’s appeal after almost a year.

The CA likewise disputed the claims of the DOLE officials that there were no "competent, able and willing Filipinos" available to do the job.

"This shows (Maraan’s) colonial mentality and his propensity for treating his Filipino kinsmen as second class citizens in their own country! What is worse is that he adopted the findings of (PLDT) that there are no Filipinos competent, willing and able to do the job without first making his own independent determination," the CA said.

Narvasa elevated the case to the CA after Maraan denied BCAP’s petition to revoke the AEPs issued to Bayno and Woolpert. The petition likewise assailed the inaction of the DOLE secretary when the issue was brought to her attention.

When Bayno was designated head coach of the Talk n Text team, he only had a temporary visitor’s visa valid for 21 days being an American non-resident.

The respondents argued the petition was already moot and academic since the two coaches were no longer employed by PLDT as of September 2002 and May 2003, respectively.

However, the Court said Bayno’s AEP was renewed for Jan. 11, 2003 to Sept. 7, 2003 as shown by a notice dated Aug. 29, 2003. The CA averred this belied PLDT’s claim that BCAP’s petition had become mooted.

The CA said Maraan committed grave abuse of discretion since he did not give the petitioner the opportunity to present evidence and prove its case and merely relied on PLDT’s statement that there were no "competent, able and willing" Filipino coaches able to meet its standards.

"He immediately accepted the statement hook, line and sinker, in a manner of speaking, without first evaluating and validating the standards set by the private respondent PLDT," the CA said.

The Court also cited the DOLE secretary’s decision to endorse BCAP’s petition for revocation to Maraan when he was the same person who issued the AEPs.

The CA said the petitioner was denied due process because the reviewing officer had to go over his very own decision and in this situation, he could not be considered impartial and unbiased.