G.R. No. 81510 March 14, 1990
HORTENCIA SALAZAR, petitioner, vs. HON. TOMAS D. ACHACOSO, in his capacity as Administrator of the Philippine Overseas Employment Administration, and FERDIE MARQUEZ, respondents.

FACTS

Rosalie Tesoro filed a sworn complaint with the Philippine Overseas Employment Administration (POEA) against petitioner Hortencia Salazar for illegal recruitment. Tesoro alleged that Salazar, operating without a license, took her PECC card promising overseas employment but failed to deploy her. Based on this complaint and a verification that Salazar had no license, POEA Administrator Tomas D. Achacoso issued Closure and Seizure Order No. 1205 on November 3, 1987, pursuant to Article 38 of the Labor Code. The order directed the closure of Salazar’s alleged recruitment agency and the seizure of documents and paraphernalia used in illegal recruitment.
On January 26, 1988, a POEA team implemented the order at Salazar’s residence in Mandaluyong, which housed the “Hannalie Dance Studio.” Assisted by policemen, the team entered the premises, served the order on a relative, and confiscated assorted costumes. Salazar, through counsel, demanded the return of the seized properties, arguing the seizure violated constitutional guarantees of due process and against unreasonable searches and seizures. She subsequently filed a petition for prohibition before the Supreme Court.

ISSUE

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

RULING

No. The Supreme Court declared Article 38(c) of the Labor Code unconstitutional. The Court held that under Article III, Section 2 of the 1987 Constitution , only a judge can issue warrants of arrest or search and seizure. The constitutional provision is explicit: “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.” This power is judicial, not executive. While the State has a compelling interest to curb illegal recruitment as economic sabotage, the method must conform to constitutional mandates. The executive branch cannot usurp this exclusive judicial function. The POEA’s Closure and Seizure Order was effectively a general warrant issued without judicial intervention, violating the right against unreasonable searches and seizures. The only recognized exception to the judicial warrant requirement is for the arrest of illegal aliens under a final deportation order, which does not apply here. Consequently, the implementation of the order was invalid, and the seized properties were ordered returned to Salazar.