6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly xxxx RESUMPTION OF SESSION xxxx THE PRESIDING OFFICER (Mr. Bengzon). Commissioner Bernas is recognized The session is resumed. FR. BERNAS. The proposal is amended to read: The liberty of abode and of changing the same within the limits prescribed by law, shall not be impaired except upon lawful order of the court. NEITHER SHALL THE RIGHT TO TRAVEL BE IMPAIRED EXCEPT IN THE INTEREST OF NATIONAL SECURITY, PUBLIC SAFETY, OR PUBLIC HEALTH AS MAYBE PROVIDED BY LAW. THE PRESIDING OFFICER (Mr. Bengzon). The Committee has accepted the amendment, as amended. Is there any objection? (Silence) The Chair hears none; the amendment, as amended, is approved.[85] It is clear from the foregoing that the liberty of abode may only be impaired by a lawful order of the court and, on the one hand, the right to travel may only be impaired by a law that concerns national security, public safety or public health. Therefore, when the exigencies of times call for a limitation on the right to travel, the Congress must respond to the need by explicitly providing for the restriction in a law. This is in deference to the primacy of the right to travel, being a constitutionally-protected right and not simply a statutory right, that it can only be curtailed by a legislative enactment. Thus, in Philippine Association of Service Exporters, Inc. vs. Hon. Franklin M. Drilon,[86] the Court upheld the validity of the Department Order No. 1, Series of 1988, issued by the Department of Labor and Employment, which temporarily suspended the deployment of domestic and household workers abroad. The measure was taken in response to escalating number of female workers abroad who were subjected to exploitative working conditions, with some even reported physical and personal abuse. The Court held that Department Order No. 1 is a valid implementation of the Labor Code, particularly, the policy to "afford protection to labor." Public safety considerations justified the restraint on the right to travel. Further, in Leave Division, Office of the Administrative Services (OAS) - Office of the Court Administrator (OCA) vs. Wilma Salvacion P. Heusdens,[87] the Court enumerated the statutes which specifically provide for the impairment of the right to travel, viz.: Some of these statutory limitations [to the right to travel] are the following: elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 15/70

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