A study of the limitations of one's right to travel

• Main Authors: Co, Lia Trisha J., Santos, Jose Maria B.
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17836
• Institution: De La Salle University

The right to travel is enshrined in the constitution. The constitution provides that it may be impaired upon lawful order of the court or by an executive officer, in the interest of national security, public safety, or public health. Just last year controversy arose surrounding the DOJ and their impairment of former President Gloria Macapagal-Arroyo of her right to travel, despite the fact that she is not a perceived threat to national security, public safety, or public health. Another agency that exercises the authority to impair one's right to travel is the PCGG, as they prevent anyone who may hamper their efforts from leaving the country. These instances pose a lot of questions, for one how do these administrative agencies have the power to impair ones rights to travel seeing as they are not judicial agencies. Do they comply with the fundamental and essential requirements of due process? These are all questions that are going to be addressed in this thesis, through the use of various standards and tools. The outcome of this research will be significant because it will clarify some of the issues and controversies present in the country. This research will also assist the country's legislators if ever they pass and implement laws regarding the right to travel. But most importantly this research will serve both Filipinos and foreigners, as the main issue addressed in this research deals with basic human rights, in this case right to travel, which are enshrined in the constitution.