Baldwin attends DOLE hearing; lawyers say working permit unnecessary due to PH resident visa
Former Ateneo men’s basketball coach Tab Baldwin arrives at the Department of Labor and Employment (DOLE) central office for a clarificatory hearing regarding the validity of his Alien Employment Permit (AEP) in Manila on June 29, 2026. The hearing was presided over by Labor Secretary Francis Tolentino, with Baldwin appearing alongside his legal counsel as DOLE continues its verification of his work permit documents. (Mark Balmores)
The legal counsel of Tab Baldwin maintained that the former Ateneo de Manila University (ADMU) basketball team head coach is not required to obtain a working permit for foreigners amid the ongoing investigation by the Department of Labor and Employment (DOLE) on whether or not he is allowed to work in the country.
During a clarificatory hearing on Monday, June 29, attended by Baldwin, his lawyers pointed out that the requirement for foreigners to obtain an Alien Employment Permit (AEP) from DOLE does not apply for him since he is a permanent resident in the Philippines.
“We take the position that the Alien Employment Permit is not a requirement strictly applicable to our client in light of his permanent resident visa,” lawyer Daniel Darvin told a special panel presided by DOLE Secretary Francis Tolentino.
Baldwin obtained the Alien Certificate of Registration (ACR) in 2016 and he told the DOLE special panel that he was told by a lawyer then processing his papers that he is no longer required to get an AEP.
In response, Tolentino said they will summon the lawyer whom Baldwin said was connected to the Samahan ng Basketbol ng Pilipinas where he used to work as a consultant before his employment to the ADMU.
The working permit in question was since 2016 but Baldwin told the panel that he started working in the Philippines in 2013—as consultant for the country’s basketball team competing for FIBA, or International Basketball Federation, then consultant of Talk and Text team at the Philippine Basketball Association and later with Gilas Pilipinas.
In December 2016, he was offered a job as a head coach of the ADMU and when asked if he was asked to submit requirements for his employment in Ateneo, Baldwin said he was not.
“I am not aware of any requirements that Ateneo was asking for. I was simply offered the job and I accepted it,” said Baldwin
He said there was a contract presented and he signed it.
2025 memo
During the hearing, the DOLE special panel cited a January 2025 memo which mandated all foreigners working in the Philippines to secure a Certificate of Exemption if they are exempted from securing an AEP.
Previously, this certification was optional for exempt foreign nationals
The legal counsel of Baldwin said their client did not secure it since it was not a requirement when the ACR was granted for him.
Ad Cautelam
At the start of the hearing, Tolentino inquired about the Ad Cautelam pleading that was submitted by Baldwin’s legal counsel.
The lawyers explained that while they do not see the DOLE panel as a proper forum to tackle the issue, they still complied as a way of respecting the department.
The ad cautelam is a legal document that lawyers’ use to protect their client's rights without conceding the court's jurisdiction or waiving any of their primary legal arguments
In the case Baldwin, his lawyer said, “Our appearance here is out of utmost caution.”
DOLE initiated the proceedings after the June 8 incident in Aurora where two Ateneo basketball players died of drowning.
Tolentino explained that the move is to find out whether or not Baldwin is allowed to work in the country based on existing laws and rules and regulations governing foreign workers.
Baldwin is a citizen of the United States and New Zealand.
Summon
The camp of Baldwin was later given 10 days to respond and submit all the documents being asked by the DOLE special panel.
On the other hand, Tolentino said they will summon Baldwin's employer, the ADMU, to appear on July 9 for the continuation of the hearing.