Right to travel ‘not absolute’
By Virgil B. Lopez
Thursday, November 17, 2011
MANILA — One of the five justices who rejected former President Gloria Macapagal-Arroyo’s request for medical treatment overseas said suspected criminals like her could be barred from leaving the country.
In his two-page dissenting opinion, Senior Associate Justice Antonio Carpio said the right to travel may be suspended even those not specified in the Constitution.
At present, this constitutional right can only be impaired in the interest of national security, public safety, or public health, but Carpio said even persons subpoenaed or arrested by Congress for a legislative inquiry can be disallowed to travel.
There are also restrictions on the right to travel imposed on government officials and employees, the magistrate said.
Citing Circular 49-2003 (B) issued by the Office of the Court Administrator, Carpio said judges and court personnel are required to seek clearance from the said office before they can travel abroad, even during their approved leave of absence of free time.
“This restriction to travel abroad is imposed even in the absence of a law,” he said, adding he supported the position of the Office of the Solicitor General to hold an oral argument first before deciding on the temporary restraining order (TRO).
Arroyo, 64, is suffering from hypoparathyroidism and bone mineral disorder, prompting her lawyers to seek immediate court relief.
Besides Carpio and Justice Jose Mendoza, those who cast a dissenting vote were President Benigno Aquino III’s three appointees, namely: Justices Maria Lourdes Sereno, Bienvenido Reyes and Estella Perlas-Bernabe.
Eight justices, meanwhile, thought that Arroyo and her husband Jose Miguel should be allowed to leave since they are presumed innocent from the plunder and electoral sabotage cases leveled against them.
The panel investigating the poll sabotage complaint against the former presidential couple is set to come up with a resolution by the end of November even as the Arroyos failed to submit their counter-affidavits.
Carpio, a founding partner of the Villaraza Cruz Marcelo & Angangco law office, also known as CVCLAW or “The Firm,” had a falling out with the Arroyo administration on the issue of Charter change.
The SC dismissed the petition described as a “grand deception” in the decision penned by Carpio, who was Arroyo’s first appointee in the 15-man court in 2001.
’Valid, constitutional’
Meantime, the government maintained the legality of a controversial circular that keeps the Arroyo couple at home.
Immigration officers blocked the Arroyos from leaving the country on Tuesday night despite the court’s approval.
But in its motion for reconsideration before the High Court, the Office of Solicitor General asked the justices to entertain their appeal first before deciding whether the couple deserves temporary relief.
Earlier, the government asked for oral arguments against the watch list orders (WLO) issued by the Department of Justice.
The solicitor general also said DOJ Circular 41, which was used to issue the WLOs, is presumed valid and constitutional.
House Bill 5480
Deputy Majority Leader Romero Frederico Quimbo, an Aquino ally, supported this stand, as he filed Wednesday House Bill 5480, which will authorize the Justice secretary to prevent respondents in cases undergoing preliminary investigation to leave the country.
If approved, the Justice secretary will be allowed to issue hold departure orders (HDOs), WLOs, and allow departure orders (ADOs).
Quimbo said it is important that the DOJ secretary is given such power to prevent any miscarriage of justice.
“(The bill) will save us from a lot of trouble and will permanently eliminate any more possibility that anyone can question the DOJ’s right to issue any order that is necessary for the agency to effectively perform its mandated duty for the wellbeing of the country,” he said.
Under the bill, an HDO and WLO may be issued against any accused, irrespective of nationality, in criminal cases falling within the jurisdiction of courts below the Regional Trial Courts.
The ADO, meanwhile, may be issued upon submission of an affidavit clearly stating the purpose of the intended travel and a travel clearance from the court or appropriate government office.
Quimbo’s bill goes against the measure filed by House Minority Leader Edcel Lagman that will give the jurisdiction to issue HDOs, WLOs, and ADOs only to the court of law, after due hearing and only upon the three grounds allowed under the Constitution, namely: in the interest of national security, public order and public health.
Lagman told reporters that House Speaker Feliciano Belmonte Jr. has agreed to support the speedy enactment of his House Bill 5111 filed last August. (With Kathrina Alvarez/Sunnex)
http://www.sunstar.com.ph/manila/local-news/2011/11/17/right-travel-not-absolute-191001
Best Restaurant in Clark Pampanga unveils regional dinner menu featuring the classic cuisine of Italy, all designed to pair nicely with fine vintage wines from Italy’s wine regions such as Tuscany, Piedmont, Veneto and Sicily, one more reasons for food and wine lovers to travel to Angeles City, Clark Philippines to satisfy their thirst for a wonderful meal at a fine dining restaurant, the best place to eat in Pampanga.
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Yats Restaurant & Wine Bar
Mimosa Drive past Holiday Inn, Mimosa Leisure Estate,
Clark Freeport Zone, Pampanga, Philippines 2023
Manila Sales Office
3003C East Tower, Phil Stock Exchange Center,
Exchange Rd Ortigas Metro Manila, Philippines 1605
(632) 637-5019 0917-520-4393 Rea or Chay
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