Salazar vs Achacoso; G.R. No. 81510; 14 Mar 1990; 183 SCRA 145

FACTS:
Rosalie Tesorio, in a sworn statement, filed a complaint with the POEA charging petitioner for illegal recruitment. After knowing that petitioner had no license to operate a recruitment agency, public respondent Administrator Achacaso issued a closure and seizure order.

ISSUE(S):
Whether or not the POEA/Labor Secretary validly issued the warrant for search and seizure.

HELD:
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 the things to be seized. Mayors and prosecuting bodies cannot issue warrants of arrest or seizure.

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Category: Legal Chyme

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