Facts:
Hortencia Salazar, a resident of 615 R.O. Santos St., Mandaluyong, Metro Manila, was the subject of a sworn complaint dated October 21, 1987, filed with the Philippine Overseas Employment Administration by Rosalie Tesoro alleging wrongful retention of the complainant's PECC card and interference with her overseas employment opportunities. On November 3, 1987, Atty. Ferdinand Marquez of the POEA Anti-Illegal Recruitment Unit summoned
Salazar by telegram to appear on November 6, 1987, and on the same day Administrator
Tomas D. Achacoso issued
Closure and Seizure Order No. 1205, ordering closure of the alleged recruitment agency at Salazar’s address and seizure of documents and paraphernalia under purported authority of Presidential Decree No. 1920 and Executive Order No. 1022. By office order dated January 26, 1988, POEA Director on Licensing and Regulation Atty. Estelita B. Espiritu designated Atty. Marquez and others to implement the closure order, and on January 26, 1988 the team, assisted by Mandaluyong policemen, entered the premises, found the Hannalie Dance Studio operating, and confiscated assorted costumes receipted by Mrs. Asuncion Maguelan; the implementing team also encountered talent performers on the premises. On January 28, 1988 counsel for
Salazar demanded immediate return of the seized personal properties, asserting violations of due process and protections against unreasonable search and seizure and threatening civil and criminal remedies if the properties were not returned. On February 2, 1988,
Salazar filed a petition for prohibition, which the Court treated as one for certiorari because the acts complained of were already accomplished; on the same date POEA filed a criminal complaint against her with the Pasig Provincial Fiscal docketed IS-88-836.
Issues:
May the
Philippine Overseas Employment Administration or the Secretary of Labor validly issue warrants of search and seizure or warrants of arrest under
Article 38, paragraph (c) of the Labor Code?
Ruling:
Ratio:
Doctrine: