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Philippine Bar review · Question

Practice question: Department of Labor and Employment (DOLE)

Multiple Choice Hard

Practice question

A local recruitment investigator says refusal of a reporting request automatically empowers the Labor Secretary to issue a criminal search-and-arrest warrant. Which is correct?
  1. Refusal converts the Secretary into a criminal judge.
  2. Administrative reporting authority does not remove the judicial-warrant limitation recognized in Salazar.
  3. Every report request is already an arrest warrant.
  4. A recruitment complaint abolishes constitutional protections.
  5. All inspection authority is invalid because the Secretary is not a judge.

Legal references

  • Labor Code Articles 18 and 35-38, read with current allocation of overseas functions under RA 11641: https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html
  • Salazar v. Achacoso, G.R. No. 81510, March 14, 1990, en banc main decision: https://lawphil.net/judjuris/juri1990/mar1990/gr_81510_1990.html
  • RA 11641 Sections 4-6 and 19, DMW functions and succession: https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html

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