Practice question
A foreign national’s employer argues that, because it has chosen its preferred applicant, the AEP inquiry cannot consider availability of Filipino workers. It also insists that the regional office retains all AEP decision-making authority after June 11, 2026. Which response is best?
- Both assertions are correct because employer preference controls
- The first assertion is correct, but the city mayor now decides AEPs
- Both assertions are incorrect: Filipino labor protection remains relevant and AEP functions are centralized through BLE
- Only foreign-owned employers must consider Filipino workers, and the SEC decides their AEPs
- The employer may obtain an AEP merely by filing a job advertisement
Legal references
- https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 40–41.
- https://www.ble.dole.gov.ph/wp-content/uploads/2025/06/Department-Order-248-25-New-Rules-and-Regulations-on-the-Employment-of-Foreign-Nationals-in-the-Philippines.pdf — DO 248-25, alien employment framework.
- https://dole.gov.ph/php_assets/uploads/2025/06/Department-Order-248A-25-Supplemental-Guidelines-Clarifying-and-Amending-Provisions-of-DOLE-DO-248-25.pdf — DO 248-A-25, section 1, amendment to Rule II section 1(a).
- https://dole.gov.ph/php_assets/uploads/2026/06/DO-248B-26-Centralizing-the-Filing-Processing-Evaluation-Approval-Issuance-Release-Adjudication-and-Enforcement-Functions-Relating-to-AEPs-and-Amending-Relevant-Provisions-of-DOs-248-248A-25.pdf — DO 248-B-26, issued June 11, 2026, sections 2–4, 6, and 12.
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