I believe I can fly: A research on the constitutional right to travel--its origins, limitations, and jurisprudence

• Main Authors: Betia, Christian Gian, Porta, Miguel Jaime
• Format: text
• Language: English
• Published: Animo Repository 2016
• Subjects: Freedom of movement > Philippines; International travel regulations > Philippines; Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/7781
• Institution: De La Salle University

This study aimed to ascertain whether or not the Department of Justice (DOJ) is usurping the Regional Trial Court's (RTC) authority to issue hold departure orders by issuing circulars that give itself power to issue watch list orders (WLOs) and allow departure orders (ALOs). The researchers used various research methods including, but is not limited to interviews comparative study and study of Philippine and foreign jurisprudence. The researchers were able to conclude that the right to travel, under Article III Section 6 of the 1987 Philippine Constitution is not absolute, as it may be impaired in the interest of national security, public safety, or public health. This then led to the bigger question of whether or not the DOJ-issued orders are legal. Key members of the Philippine legal system were interviewed, and their insights were in consonance with the researchers' findings based on their study of jurisprudence. The DOJ, in its issuances of the said orders, is not usurping the judiciary's authority issue HDOs.