6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly exception to the doctrine of mootness. DOJ Circular No. 041-10 is an invalid impairment of the right to travel, and therefore, unconstitutional. Proceeding now to the substantive issue, I agree that DOJ Circular No. 041-10 violates the constitutional right to travel. Section 6, Article III of the Constitution reads: SEC. 6. 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 may be provided by law. (Emphasis supplied) As above-quoted, the right to travel is not absolute. However, while it can be restricted, the only permissible grounds for restriction are national security, public safety, and public health, which grounds must at least be prescribed by an act of Congress. In only two .instances can the right to travel be validly impaired even without a statutory authorization. The first is when a court forbids the accused from leaving Philippine jurisdiction in connection with a pending criminal case.[10] The second is when Congress, pursuant to its power of legislative inquiry, issues a subpoena or arrest order against a person.[11] The necessity for a legislative enactment expressly providing for a valid impairment of the right to travel finds basis in no less than the fundamental law of the land. Under Section 1, Article VI of the Constitution, the legislative power is vested in Congress. Hence, only Congress, and no other entity or office, may wield the power to make, amend, or repeal laws.[12] Accordingly, whenever confronted with provisions interspersed with phrases like "in accordance with law" or "as may be provided by law," the Court turns to acts of Congress for a holistic constitutional construction. To illustrate, in interpreting the clause "subject to such limitations as may be provided by law" in relation to the right to information, the Court held in Gonzales v. Narvasa[13] that it is Congress that will prescribe these reasonable conditions upon the access to information: The right to information is enshrined in Section 7 of the Bill of Rights which provides that — The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 48/70