Salazar vs.

Achacoso | Sarmiento

Keywords: [38(c) of Labor Code is struck down]

FACTS
On 21 October 1987, Rosalie Tesoro, in a sworn
statement filed with the POEA, charged petitioner
Hortencia Salazar (Salazar) with illegal recruitment for
refusing to return her PECC Card.
On 3 November 1987, Atty. Ferdinand Marquez, to whom
the complaint was assigned, directed Salazar to appear
in connection with the case filed.
Subsequently, having ascertained that Salazar had no
license to operate a recruitment agency, Administrator
Tomas Achacoso issued an order for the closure of the
agency and the seizure of documents and paraphernalia
being used or intended to be used as the means of
committing illegal recruitment.
On 26 January 1988, the order was implemented and
assorted costumes were seized.
On 28 January 1988, Salazar wrote a letter to the POEA
requesting the return of the costumes on the ground that
the order violated due process of law and that it violated
the right of persons against unreasonable searches and
seizures.
Before the letter could be answered, Salazar filed this
petition.

law to issue these warrants, the 1987 Constitution

has eliminated this phrase which makes it clear that
these other persons are constitutionally proscribed
from exercising this power.
Art. 38 (c) of the Labor Code which grants the
Minister of Labor the power to issue warrants of search
and arrest is unconstitutional and is of no force and
effect because the Secretary of Labor, not being a
judge, may no longer issue these warrants.
o Hence, the authorities must go through the judicial
process.
The only exception to the general rule that only a
judge may issue warrants of arrest is the power of the
President to order the arrest of aliens for
deportation.
o This is valid because of the recognized supremacy of
the Executive in matters involving foreign affairs.
o However, this power is exceptional and cannot be
made to extend to other cases.
Lastly, the warrants are also invalid for being in
the nature of general warrants as the description of
the articles sought to be seized cannot be characterized
differently.

ISSUES/HELD
May the POEA validly issue search warrants or warrants of
arrest under Art. 38 of the Labor Code NO. Petition
granted.
RATIONALE
The 1987 Constitution clearly states that it is only
a judge who may issue warrants of search and
arrest.
o Unlike the 1973 Constitution which allowed such
other responsible officer as may be authorized by

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