G.R. No. 81510 - Salazar vs. Achacoso

On October 21, 1987, Rosalie Tesoro filed a sworn statement with the POEA charging Hortencia Salazar with illegal recruitment, alleging that Salazar withheld her PECC card upon her return from Japan and prevented her redeployment.
The complaint alleged acts prohibited under Article 34 in relation to Article 38 of the Labor Code and named Salazar’s address at 615 R.O. Santos, Mandaluyong.

On November 3, 1987, Atty. Ferdie Marquez of the POEA Anti-Illegal Recruitment Unit issued a telegram directing Salazar to appear on November 6, 1987, under penalty of law.
On the same day, Administrator Tomas D. Achacoso issued Closure and Seizure Order No. 1205 under PD 1920 and EO 1022, ordering the closure of Salazar’s recruitment agency and seizure of documents and paraphernalia used in unlawful recruitment for lack of a DOLE license.

On January 26, 1988, a POEA team led by Atty. Marquez, with Mandaluyong policemen and media observers, served the order at Salazar’s residence operating as Hannalie Dance Studio.
Inside, they found 12 performers and about 20 waiting; they seized assorted costumes, which were receipted by Mrs. Asuncion Maguelan and witnessed by Mrs. Flora Salazar.

On January 28, 1988, Salazar’s counsel demanded the immediate return of seized properties, alleging violations of due process (Art. III, Sec. 1, Const.) and protection against unreasonable searches and seizures (Art. III, Sec. 2, Const.), and threatened civil and criminal actions.
On February 2, 1988, Salazar filed a petition for prohibition (treated as certiorari) before the Supreme Court, and the POEA filed a criminal complaint against her with the Pasig Provincial Fiscal (IS-88-836).

Whether the POEA or the Secretary of Labor may validly issue warrants of arrest, search, and seizure under Article 38(c) of the Labor Code in light of Article III, Section 2 of the 1987 Constitution, which vests that power exclusively in the judiciary.