Quisumbing Torres & Evangelista

July 9, 1992 Quisumbing Torres & Evangelista c/o Attys. Rafael E. Evangelista and Edgardo De Vera 11th Floor, Pacific Star Bldg., Makati Avenue cor. Sen. Gil Puyat Ave., Makati, Metro Manila Gentlemen: This refers to your letter of February 7, 1992 addressed to the Board of Investments which was referred to this Commission, requesting on behalf of your client, Flour Daniel Pacific, Incorporated, an authority to employ thirty-one (31) expatriate personnel under its expanded authority issued by this Commission on December 26, 1991. cdlex Please be advised that the Foreign Investments Act of 1991 and the Corporation Code of the Philippines neither prohibit nor limit the employment of foreign expatriates by branch offices of foreign corporations in the Philippines. However, the same is subject to the provisions of the Labor Code of the Philippines, particularly Section 40 * thereof, quoted hereunder. "ARTICLE 40. Employment permit for non-resident aliens . Any alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an employment permit from the Department of Labor . The employment permit may be issued to a non-resident alien or to the applicant employer after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform the services for which the alien is desired. For an enterprise registered in preferred areas of investments, said employment permit may be issued upon recommendation of the government agency charged with the supervision of said registered enterprise." (Emphasis supplied) Thus, considering that your request involves implementation of the Labor Code of the Philippines, it is beyond the jurisdiction of this Commission. Therefore, it is suggested that your request be addressed to the Department of Labor, the proper Government Agency which has the jurisdiction over the same. Please be advised accordingly. Very truly yours, (SGD.) ROSARIO N. LOPEZ Chairman * Copied verbatim from documents obtained directly from the Securities and Exchange Commission .