Art.

38 (c) Labor Code, Power to Issue Warrants

Case No. 50, Bejerano
Salazar vs. Achacoso
FACTS:
Rosalie Tesorio filed a complaint against with the POEA charging petitioner for illegal recruitment. After
knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator
Achacaso ordered the closure of the recruitment agency and seiure of all the documents and paraphernalia
used as the means of recruitment agency. The seizure order was pursuant to PD 1693 proclaimed by the
Dictator Marcos which conferred the Secretary of Labor the powers to arrest and closure.
ISSUE:
Whether or not Labor Secretary validly issued the warrant for search and seizure.
RULING:
No. under the new Constitution, it is only a judge who may issue warrants of search and arrest. In one
case, it was declared that mayors and prosecuting bodies may no longer exercise this power.
MAINPOINT:
Under the present constitution, no search warrant or warrant of arrest shall be issued 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. Mayors and prosecuting bodies cannot issue warrants of arrest or
seizure.