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Philippine Bar review · Question

Practice question: Department of Labor and Employment (DOLE)

Multiple Choice Easy

Practice question

Under Salazar v. Achacoso, may the Labor Secretary issue criminal search or arrest warrants as though the Secretary were a judge?
  1. Yes, whenever recruitment is suspected
  2. Yes, whenever three applicants complain
  3. No, the Secretary is not a judge and cannot exercise that judicial warrant power
  4. Yes, if the warrant is called a regulatory memorandum
  5. Yes, if the recruiter has no license

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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