6/7/2020
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right to travel in anyway. It is limited to the powers expressly granted to it by law and
may not extend the same on its own accord or by any skewed interpretation of its
authority.
The key is legislative enactment
The Court recognizes the predicament which compelled the DOJ to issue the questioned
circular but the solution does not lie in taking constitutional shortcuts. Remember that
the Constitution "is the fundamental and paramount law of the nation to which all other
laws must conform and in accordance with which all private rights are determined and
all public authority administered."[142] Any law or issuance, therefore, must not
contradict the language of the fundamental law of the land; otherwise, it shall be struck
down for being unconstitutional.
Consistent with the foregoing, the DOJ may not promulgate rules that have a negative
impact on constitutionally-protected rights without the authority of a valid law. Even
with the predicament of preventing the proliferation of crimes and evasion of criminal
responsibility, it may not overstep constitutional boundaries and skirt the prescribed
legal processes.
That the subjects of DOJ Circular No. 41 are individuals who may have committed a
wrong against the state does not warrant the intrusion in the enjoyment of their basic
rights. They are nonetheless innocent individuals and suspicions on their guilt do not
confer them lesser privileges to enjoy. As emphatically pronounced in Secretary of
National Defense vs. Manalo, et al.,[143] the constitution is an overarching sky that
covers all in its protection. It affords protection to citizens without distinction. Even the
most despicable person deserves the same respect in the enjoyment of his rights as the
upright and abiding.
Let it also be emphasized that this Court fully realizes the dilemma of the DOJ. The
resolution of the issues in the instant petitions was partly aimed at encouraging the
legislature to do its part and enact the necessary law so that the DOJ may be able to
pursue its prosecutorial duties without trampling on constitutionally-protected rights.
Without a valid legislation, the DOJ's actions will perpetually be met with legal hurdles
to the detriment of the due administration of justice. The challenge therefore is for the
legislature to address this problem in the form of a legislation that will identify
permissible intrusions in the right to travel. Unless this is done, the government will
continuously be confronted with questions on the legality of their actions to the
detriment of the implementation of government processes and realization of its
objectives.
In the meantime, the DOJ may remedy its quandary by exercising more vigilance and
efficiency in the performance of its duties. This can be accomplished by expediency in
the assessment of complaints filed before its office and in the prompt filing of
information in court should there be an affirmative finding of probable cause so that it
may legally request for the issuance of HDO and hold the accused for trial. Clearly, the
solution lies not in resorting to constitutional shortcuts but in an efficient and effective
performance of its prosecutorial duties.
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