G.R. No. 81510 Case Digest

G.R. NO. 81510, March 14, 1990

Hortencia Salazar, petitioner

vs Hon. Tomas Achaoso as Administrator of POEA and Ferdie Marquez, respondents

Ponente: Sarmiento

Facts:

Concerns the validity of the power of Secretary of Labor to issue of warrants of arrest and seizure under Article 38 of the Labor Code, prohibiting illegal recruitment

On October 1987, Rosalie Tesoro of Pasay City in a sworn statement filed with POEA charged Hortencia Salazar of illegally taking her PECC Card thus prohibiting her to be employed.

On November 1987, Atty. Marquez telegram the petitioner to report to the anti-illegal recruitment unit of PEOA, but on the same day, having ascertained that the petitioner had no license to operate a recruitment agency, Achaoso issued his challenged Closure and Seizure Order stating that pursuant to PD No. 1920, the recruitment agency ordered be for closure and seizure of the documents having verified that it has (1) no valid license from DOLE to recruit and deploy workers for overseas employment (2) committed acts prohibited under Article 34 of Labor Code in relation to Article 38.

On January 26, 1988, POEA director on Licensing and Regulation Atty. Espiritu issued an office order designating the Atty Marquez and other members of a team tasked to implement closure and seizure.

On January 28, 1988, petitioner filed a petition with POEA that the personal properties seized at her residence be immediately returned on the ground that it was contrary to law because: (1) client was not given prior notice or hearing, (2) violates section 2 of constitution (3)  the premises invaded were the private residence of the Salazar family and it was without consent.

On February 2, 1988 before POEA could answer the letter, petitioner filed the instant petition, on even date, POEA filed a criminal complaint against her with the Pasig Provincial Fiscal

Issue: May POEA validly issue warrants of search and seizure under Article 38 of the Labor Code?

Ruling: 

Under new constitution, only a judge may issue warrants of search and arrest, however in the amended RA 8042, the minister of labor shall have the power to cause the arrest and detention of non-licensee of authority if after proper investigation.

Petition is granted, Article 38 of the Labor code is declared unconstitutional and null and void.