Philippine Bar review · Question

Practice question: Department of Labor and Employment (DOLE)

Multiple Choice Hard

Practice question

DOLE personnel investigating a local recruitment complaint propose to inspect covered recruitment records through lawful regulatory procedures. A separate proposal asks the Labor Secretary to sign a criminal search warrant for a forced evidentiary search. Which distinction is correct?
  1. Both proposals are identical exercises of visitorial power
  2. Neither can ever be lawful because recruiters are private persons
  3. Lawful Article 37 inspection is a regulatory function, but the Secretary cannot issue a judicial criminal search warrant
  4. The warrant becomes valid if two investigators sign it
  5. A recruitment complaint eliminates all constitutional safeguards

Legal references

  • https://lawphil.net/statutes/presdecs/pd1974/pd_442_1974.html — Labor Code, Articles 5, 36–38, regulatory, visitorial, and complaint powers, subject to current laws.
  • https://lawphil.net/judjuris/juri1990/mar1990/gr_81510_1990.html — Salazar v. Achacoso, GR 81510, March 14, 1990, main decision; constitutional restriction on search and arrest warrants.
  • https://lawphil.net/statutes/repacts/ra2021/ra_11641_2021.html — RA 11641, sections 4–6, transfer of overseas recruitment functions to DMW.

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