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Salazar Vs Achacoso - Case Digest

The POEA Administrator ordered the closure of Salazar's recruitment agency and the seizure of documents from her residence because she lacked an operating license. Salazar challenged the validity of the seizure. The Supreme Court ruled that under the Constitution, only judges may issue warrants of search and arrest. Therefore, Article 38(c) of the Labor Code, which allowed the Secretary of Labor to issue such warrants, was unconstitutional and invalid.

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66 views1 page

Salazar Vs Achacoso - Case Digest

The POEA Administrator ordered the closure of Salazar's recruitment agency and the seizure of documents from her residence because she lacked an operating license. Salazar challenged the validity of the seizure. The Supreme Court ruled that under the Constitution, only judges may issue warrants of search and arrest. Therefore, Article 38(c) of the Labor Code, which allowed the Secretary of Labor to issue such warrants, was unconstitutional and invalid.

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Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Salazar vs Achacoso

Facts:
POEA Administrator Achacoso ordered the closure of the recruitment agency of
Petitioner Salazar on the ground that she had no license to operate. The seizure of
documents and other paraphernalia was also ordered. A team was tasked to implement
the said Order. They were allowed to enter the residence, where they confiscated
assorted costumes. Later, petitioner filed with POEA a letter requesting the return of the
personal properties seized at her residence on the ground that the seizure was contrary
to law. Petitioner then filed the instant petition, challenging the validity of the seizure
made.

Issue:
Whether the POEA Administrator or Secretary of Labor may validly issue
warrants of arrest and seizure under Article 38 of the Labor Code.

Ruling:
No. The Court held that under the new Consti, it is only a judge who may issue
warrants of search and arrest. The Secretary of Labor, not being a judge, may no longer
issue search or arrest warrants. Hence, the authorities must go through the judicial
process. To that extent, the Court declare Article 38, paragraph (c), of the Labor Code,
unconstitutional and of no force and effect.

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