6/7/2020
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is the word "court"; in the second part, it seems that the question rises as to
who determines whether it is in the interest of national security, public
safety, or public health. May it be determined merely by administrative
authorities?
FR. BERNAS. The understanding we have of this is that, yes, it may be
determined by administrative authorities provided that they act, according
to line 9, within the limits prescribed by law. For instance when this
thing came up; what was in mind were passport officers. If they want to
deny a passport on the first instance, do they have to go to court? The
position is, they may deny a passport provided that the denial is based on
the limits prescribed by law. The phrase "within the limits prescribed by
law" is something which is added here. That did not exist in the old
provision.[84]
During the discussions, however, the Commission realized the necessity of separating
the concept of liberty of abode and the right to travel in order to avoid untoward
results. Ultimately, distinct safeguards were laid down which will protect the liberty of
abode and the right to travel separately, viz.:
MR. TADEO. Mr. Presiding Officer, anterior amendment on Section 5, page 2,
line 11. Iminumungkahi kong alisin iyong mga salitang nagmumula sa "or"
upang maiwasan natin ang walang pakundangang paglabag sa liberty of
abode sa ngalan ng national security at pagsasagawa ng "hamletting" ng
kung sinu-sino na lamang. Kapag inalis ito, maisasagawa lamang ang
"hamletting" upon lawful order of the court. x x x.
xxxx
MR. RODRIGO. Aside from that, this includes the right to travel?
FR. BERNAS. Yes.
MR. RODRIGO. And there are cases when passports may not be granted or
passports already granted may be cancelled. If the amendment is approved,
then passports may not be cancelled unless it is ordered by the court. Is
that the intention? x x x x
FR. BERNAS. Yes
MR. RODRIGO. But another right is involved here and that is to travel.
SUSPENSION OF SESSION
FR. BERNAS. Mr. Presiding Officer, may I request a suspension so that we
can separate the liberty of abode and or changing the same from the right
to travel, because they may necessitate different provisions.
THE PRESIDING OFFICER (Mr. Bengzon). The session is suspended.
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