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?
- Both proposals are identical exercises of visitorial power
- Neither can ever be lawful because recruiters are private persons
- Lawful Article 37 inspection is a regulatory function, but the Secretary cannot issue a judicial criminal search warrant
- The warrant becomes valid if two investigators sign it
- 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.
Answer this question in flashcards to review your response and continue practicing.