This brings us to the second test of validity, namely, the constitutional right to travel. The Bill of Rights says: “Neither shall the right to travel be impaired except in the interest of national security, public safety or public health, as may be provided by law.”
To start with, the Supreme Court itself has ruled that the right to travel is not absolute. The Court has upheld the power of the Presidential Commission on Good Government to issue hold-departure orders against “persons [who are] known or suspected to be involved” as Marcos cronies. Yet that power was not explicitly granted in the PCGG’s charter, and was merely implied from its power “to conduct investigation[s]” and “restrain any [act] that may render moot and academic, or frustrate or otherwise make ineffectual [its] efforts.”
In another case, the Court also upheld the power of the secretary of labor to issue a deployment ban. The power to regulate the exit of our migrant workers is encompassing, to the chagrin of legitimate OFWs who simply want to earn an honest living, including overseas Filipino professionals who are harassed at the airport with queues and inutile paperwork each time they visit family. Yet the Court, citing “public safety,” has upheld the DOLE’s powers.
There is an impression held by many (including myself initially) that these departure restrictions may be issued only by courts. Not so, as both cases demonstrate. Both departure constraints were issued merely by executive agencies, not by courts. Neither the Constitution nor the Supreme Court requires a judicially issued order.
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