6/7/2020
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1] The Human Security Act of 2010 or [R.A.] No. 9372. The law restricts the
right to travel of an individual charged with the crime of terrorism even
though such person is out on bail.
2] The Philippine Passport Act of 1996 or R.A. No. 8239. Pursuant to said
law, the Secretary of Foreign Affairs or his authorized consular officer may
refuse the issuance of, restrict the use of, or withdraw, a passport of a
Filipino citizen.
3] The "Anti-Trafficking in Persons Act of 2003" or R.A. No. 9208. Pursuant
to the provisions thereof, the [BI], in order to manage migration and curb
trafficking in persons, issued Memorandum Order Radir No. 2011-011,
allowing its Travel Control and Enforcement Unit to "offload passengers with
fraudulent travel documents, doubtful purpose of travel, including possible
victims of human trafficking" from our ports.
4] The Migrant Workers and Overseas Filipinos Act of 1995 or R. A. No.
8042, as amended by R.A. No. 10022. In enforcement of said law, the
Philippine Overseas Employment Administration (POEA) may refuse to issue
deployment permit to a specific country that effectively prevents our migrant
workers to enter such country.
5] The Act on Violence against Women and Children or R.A. No. 9262. The
law restricts movement of an individual against whom the protection order is
intended.
6] Inter-Country Adoption Act of 1995 or R.A. No. 8043. Pursuant thereto,
the Inter-Country Adoption Board may issue rules restrictive of an adoptee's
right to travel "to protect the Filipino child from abuse, exploitation,
trafficking and/or sale or any other practice in connection with adoption
which is harmful, detrimental, or prejudicial to the child."[88]
In any case, when there is a dilemma between an individual claiming the exercise of a
constitutional right vis-a-vis the state's assertion of authority to restrict the same, any
doubt must, at all times, be resolved in favor of the free exercise of the right, absent
any explicit provision of law to the contrary.
The issuance of DOJ Circular No. 41 has no legal basis
Guided by the foregoing disquisition, the Court is in quandary of identifying the
authority from which the DOJ believed its power to restrain the right to travel
emanates. To begin with, there is no law particularly providing for the authority of the
secretary of justice to curtail the exercise of the right to travel, in the interest of
national security, public safety or public health. As it is, the only ground of the former
DOJ Secretary in restraining the petitioners, at that time, was the pendency of the
preliminary investigation of the Joint DOJ-COMELEC Preliminary Investigation
Committee on the complaint for electoral sabotage against them.[89]
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