6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly health. There is no such law applicable to the travel abroad of respondent. Neither the OCA nor the majority can point to the existence of such a law. In the absence of such a law, the denial of respondent's right to travel abroad is a gross violation of a fundamental constitutional right. xxxx Furthermore, respondent's travel abroad, during her approved leave, did not require approval from anyone because respondent, like any other citizen, enjoys the constitutional right to travel within the Philippines or abroad. Respondent's right to travel abroad, during her approved leave, cannot be impaired "except in the interest of national security, public safety, or public health, as may be provided by law." Not one of these grounds is present in this case.[23] (Citations omitted) While the Revised Administrative Code of 1987 cannot lend credence to a valid impairment of the right to travel, Republic Act No. (RA) 8239, otherwise known as the Philippine Passport Act of 1996, expressly allows the Secretary of Foreign Affairs or any of the authorized consular officers to cancel the passport of a citizen. Section 4 of RA 8239 reads: SEC. 4. Authority to Issue, Deny, Restrict or Cancel. — Upon the application of any qualified Filipino citizen, the Secretary of Foreign Affairs or any of his authorized consular officer may issue passports in accordance with this Act. Philippine consular officers in a foreign country shall be authorized by the Secretary to issue, verify, restrict, cancel or refuse a passport in the area of jurisdiction of the Post in accordance with the provisions of this Act. In the interest of national security, public safety and public health, the Secretary or any of the authorized consular officers may, after due hearing and in their proper discretion, refuse to issue a passport, or restrict its use or withdraw or cancel a passport: Provided, however, That such act shall not mean a loss or doubt on the person's citizenship: Provided, further, That the issuance of a passport may not be denied if the safety and interest of the Filipino citizen is at stake: Provided, finally, That refusal or cancellation of a passport would not prevent the issuance of a Travel Document to allow for a safe return journey by a Filipino to the Philippines. The identical language between the grounds to cancel passports under the abovequoted provision and the grounds to impair the right to travel under Section 6, Article III of the Constitution is not by accident cognizant of the fact that passport cancellations necessarily entail an impairment of the right. Congress intentionally copied the latter to obviate expanding the grounds for restricting the right to travel. Can the DFA Secretary, under Section 4 of RA 8239, cancel the passports of persons under preliminary investigation? The answer depends on the nature of the crime for which the passport holders are being investigated on. If the crime affects national security and public safety, the cancellation squarely falls within the ambit of Section 4. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 53/70