Labor Cases
7G.R. No. 81510 March 14, 1990
HORTENCIA SALAZAR, petitioner, vs. HON. TOMAS ACHACOSO, in his capacity as Administrator of the Philippine Overseas Employment Administration, and FERDIE MARQUEZ, respondents.
TOPIC:
The invalidity of the power of the Secretary of Labor to issue warrants of arrest and seizure under Article 38 of the Labor Code, prohibiting illegal recruitment.
FACTS:
Rosalie Tesoro filed a sworn statement with the Philippine Overseas Employment Administration (POEA) charging petitioner Hortencia Salazar, viz: “Upang ireklamo sa dahilan ang aking PECC Card ay ayaw ibigay sa akin ng dati kong manager na si Horty Salazar. Pagkagaling ko sa Japan ipinatawag niya ako. Kinuha ang PECC Card ko at sinabing hahanapan ako ng booking sa Japan. Mag 9 months na ako sa Phils. Ay hindi pa niya ako napa-alis. So lumipat ako ng ibang company pero ayaw niyang ibigay ang PECC Card ko.”
Public respondent Atty. Ferdinand Marquez to whom said complaint was assigned, sent to the petitioner a telegram directing the latter to appear before the POEA Anti-Illegal Recruitment Unit regarding the case filed against her. Having ascertained that the petitioner had no license to operate a recruitment agency, public respondent Administrator Tomas Achacoso issued his challenged CLOSURE AND SEIZURE ORDER NO. 1205. Pursuant to the powers vested in him under Presidential Decree No. 1920 and Executive Order No. 1022, he ordered the closure of the recruitment agency and the seizure of the documents and paraphernalia being used or intended to be used as means of committing illegal recruitment, it having verified that petitioner have: (a) No valid license or authority from the Department of Labor and Employment to recruit and deploy workers for overseas employment; and (b) Committed/are committing acts prohibited under Article 34 of the New Labor Code.
POEA Director on Licensing and Regulation, Atty. Estelita Espiritu, issued an office order designating respondents Atty.
HORTENCIA SALAZAR, petitioner, vs. HON. TOMAS ACHACOSO, in his capacity as Administrator of the Philippine Overseas Employment Administration, and FERDIE MARQUEZ, respondents.
TOPIC:
The invalidity of the power of the Secretary of Labor to issue warrants of arrest and seizure under Article 38 of the Labor Code, prohibiting illegal recruitment.
FACTS:
Rosalie Tesoro filed a sworn statement with the Philippine Overseas Employment Administration (POEA) charging petitioner Hortencia Salazar, viz: “Upang ireklamo sa dahilan ang aking PECC Card ay ayaw ibigay sa akin ng dati kong manager na si Horty Salazar. Pagkagaling ko sa Japan ipinatawag niya ako. Kinuha ang PECC Card ko at sinabing hahanapan ako ng booking sa Japan. Mag 9 months na ako sa Phils. Ay hindi pa niya ako napa-alis. So lumipat ako ng ibang company pero ayaw niyang ibigay ang PECC Card ko.”
Public respondent Atty. Ferdinand Marquez to whom said complaint was assigned, sent to the petitioner a telegram directing the latter to appear before the POEA Anti-Illegal Recruitment Unit regarding the case filed against her. Having ascertained that the petitioner had no license to operate a recruitment agency, public respondent Administrator Tomas Achacoso issued his challenged CLOSURE AND SEIZURE ORDER NO. 1205. Pursuant to the powers vested in him under Presidential Decree No. 1920 and Executive Order No. 1022, he ordered the closure of the recruitment agency and the seizure of the documents and paraphernalia being used or intended to be used as means of committing illegal recruitment, it having verified that petitioner have: (a) No valid license or authority from the Department of Labor and Employment to recruit and deploy workers for overseas employment; and (b) Committed/are committing acts prohibited under Article 34 of the New Labor Code.
POEA Director on Licensing and Regulation, Atty. Estelita Espiritu, issued an office order designating respondents Atty.