G.R. No. 81510, March 14, 1990
FACTS:
A complaint against the petitioner Salazar was filed for withholding the complainant’s PECC Card, it was further alleged that Salazar did not posses a license to operate as a recruitment agency. POEA through its Director on Licensing and Regulation, issued a warrant of arrest and seizure against the petitioner.
ISSUE:
Whether or not the power of the Secretary of Labor to issue warrants of arrest and seizure is valid?
HELD:
Under the new Constitution, "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." Mayors may not exercise this power. Neither may it be done by a mere prosecuting body. 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.
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