6/7/2020
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In the same manner, it is apparent in Section 7 of the same circular that the subject of
a HDO or WLO cannot leave the country unless he obtains an ADO. The said section
reads as follows:
Section 7. Allow Departure Order (ADO) - Any person subject of
HDO/WLO issued pursuant to this Circular who intends, for some
exceptional reasons, to leave the country may, upon application under
oath with the Secretary of Justice, be issued an ADO.
The ADO may be issued upon submission of the following requirements:
(a) Affidavit stating clearly the purpose, inclusive period of the date of
travel, and containing an undertaking to immediately report to the DOJ upon
return; and
(b) Authority to travel or travel clearance from the court or appropriate
government office where the case upon which the issued HDO/WLO was
based is pending, or from the investigating prosecutor in charge of the
subject case.
By requiring an ADO before the subject of a HDO or WLO is allowed to leave the
country, the only plausible conclusion that can be made is that its mere issuance
operates as a restraint on the right to travel. To make it even more difficult, the
individual will need to cite an exceptional reason to justify the granting of an ADO.
The WLO also does not bear a significant distinction from a HDO, thereby giving the
impression that they are one and the same or, at the very least, complementary such
that whatever is not covered in Section 1,[131] which pertains to the issuance of HDO,
can conveniently fall under Section 2,[132] which calls for the issuance of WLO. In any
case, there is an identical provision in DOJ Circular No. 41 which authorizes the
Secretary of Justice to issue a HDO or WLO against anyone, motu proprio, in the
interest of national security, public safety or public health. With this all-encompassing
provision, there is nothing that can prevent the Secretary of Justice to prevent anyone
from leaving the country under the guise of national security, public safety or public
health.
The exceptions to the right to travel are limited to those stated in Section 6,
Article III of the Constitution
The DOJ argues that Section 6, Article III of the Constitution is not an exclusive
enumeration of the instances wherein the right to travel may be validly impaired.[133]
It cites that this Court has its own administrative issuances restricting travel of its
employees and that even lower courts may issue HDO even on grounds/outside of what
is stated in the Constitution.[134]
The argument fails to persuade.
It bears reiterating that the power to issue HDO is inherent to the courts. The courts
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