6/7/2020 E-Library - Information At Your Fingertips: Printer Friendly court's inherent power to preserve and to maintain the effectiveness of its jurisdiction over the case and the person of the accused.[26] The Department of Justice is neither empowered by a specific law nor does it possess the inherent power to restrict the right to travel of persons under criminal investigation through the issuance of hold departure orders, watchlist orders, and allow departure orders. Its mandate under the Administrative Code of 1987 to "[investigate the commission of crimes [and] prosecute offenders"[27] cannot be interpreted so broadly as to include the power to curtail a person's right to travel. Furthermore, Department Order No. 41, series of 2010 cannot be likened to the power of the courts to restrict the travel of persons on bail as the latter presupposes that the accused was arrested by virtue of a valid warrant and placed under the court's jurisdiction. For these reasons, Department of Justice Circular No. 41, series of 2010, is unconstitutional. Parenthetically, I agree that the right to travel is part and parcel of an individual's right to liberty, which cannot be impaired without due process of law.[28] The ponencia mentions Rubi v. Provincial Board of Mindoro.[29] In my view, Rubi should always be cited with caution. In Rubi, the Mangyans of Mindoro were forcibly removed from their habitat and were compelled to settle in a reservation under pain of imprisonment for non-compliance.[30] Although the concepts of civil liberty and due process were extensively discussed in the case,[31] this Court nevertheless justified the government act on a perceived necessity to "begin the process of civilization" of the Mangyans who were considered to have a "low degree of intelligence" and as "a drag upon the progress of the State."[32] [1] 258 Phil. 489 (1989) [Per J. Cortes, En Banc]. [2] Id. at 497-498. [3] Mirasol v. Department of Public Works and Highways, 523 Phil. 713, 752 (2006) [Per J. Carpio, En Banc]. [4] 232 Phil. 615, 631 (1987) [Per J. Cruz, En Banc]. [5] Id. at 631. [6] 347 Phil. 333 (1997) [Per J. Romero, En Banc]. [7] Id. at 344. [8] 651 Phil. 374 (2010) [Per J. Mendoza, En Banc]. [9] Id. at 461-462. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165 67/70