Salazar vs. Achacoso

HORTENCIA SALAZAR vs. HON. TOMAS D. ACHACOSO, in his capacity as Administrator of the Philippine Overseas Employment Administration, and FERDIE MARQUEZ

G.R. No. 81510 March 14, 1990

SARMIENTO, J.

Under Article III, Section 2, of the l987 Constitution, it is only judges, and no other, who may issue warrants of arrest and search

Rosalie Tesoro filed complaint in POEA against petitioner Hortecia Salazar for illegal recruitment.  Having ascertained that the petitioner operates a recruitment agency, public respondent Achacoso issued his challenged Closure and Seizure Order No. 1205 stating to CLOSE the recruitment agency being operated and the seize documents and paraphernalia being used or intended to be used as the means of committing illegal recruitment. POEA with its team members accompanied by policemen and media men proceeded to petitioners’ residence. The team confiscated assorted costumes which were duly receipted for by Mrs. Asuncion Maguelan and witnessed by Mrs. Flora Salazar. Petitioner requested to return the confiscated costumes and contend that the acts of POEA team members violate Sec. 2, Art. III of the Philippine Constitution which guarantees right of the people "to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose."

ISSUE: May the Philippine Overseas Employment Administration (or the Secretary of Labor) validly issue warrants of search and seizure (or arrest) under Article 38 of the Labor Code?

RULING: No.

Under the new Constitution, which states:

. . . no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

it is only a judge who may issue warrants of search and arrest.

The SC reiterate that 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, we declare Article 38, paragraph (c), of the Labor Code, unconstitutional and of no force and effect.

For the guidance of the bench and the bar, the SC affirmed the following principles:

1. Under Article III, Section 2, of the l987 Constitution, it is only judges, and no other, who may issue warrants of arrest and search:

2. The exception is in cases of deportation of illegal and undesirable aliens, whom the President or the Commissioner of Immigration may order arrested, following a final order of deportation, for the purpose of deportation.