Liberty of Abode and Freedom of Movement

Question 1

[Sec. 6, Art. III, Constitution]

The _____________ and of ________________ within the limits prescribed by law shall not be ________ except upon lawful order of the court. Neither shall the ____________ be impaired except in the interest of __________________, as may be provided by _____.

Answer 1

liberty of abode;
changing the same;
impaired;
right to travel;
national security, public safety or public health;
law;

The _____________ and of ________________ within the limits prescribed by law shall not be ________ except upon lawful order of the court. Neither shall the ____________ be impaired except in the interest of __________________, as may be provided by _____.

Question 2

What is the two rights under the freedom of movement?

Answer 2

1. Liberty of abode

2. Liberty of travel

Question 3

What are the limitations on Liberty of Abode?

Answer 3

• May be impaired only upon lawful order of the court o The court itself is to be guided by the limits prescribed by law
• To illustrate: A condition imposed by the court in connection with the grant of bail is an example of a valid limitation to liberty.

Question 4

What are the limitations on Liberty of Travel?

Answer 4

• May be impaired even without a lawful order of the court o BUT the appropriate executive officer (who may impair this right) is not granted arbitrary discretion to impose limitations
o He can only do so on the basis of “national security, public safety, or public health” and “as may be provided by law” (e.g. Human Security Act, quarantine)

• Impairment of this liberty is subject to judicial review
• The executive of a municipality does not have the right to force citizens of the Philippines to change their domicile from one locality to another [Villavicencio v. Lukban, G.R. No. L-14639 (1919)].
• In a case involving Manguianes, a nomadic people, their relocation was deemed a proper restraint to their liberty. The Court held that it was for their advancement in civilization and so that material prosperity may be assured [Rubi v. Provincial Board, supra].

Question 5

What is the purpose of a restraint on right to travel of accused on bail?

Answer 5

Restraint on right to travel of accused on bail is allowed to avoid the possibility of losing jurisdiction if accused travels abroad [Manotoc v. CA, G.R. No. L62100 (1986)].

Question 6

What is the right to travel?

Answer 6

The right to travel refers to the right to move from one place to another

Question 7

To whom are Watch-list Orders issued against?

Answer 7

a. Accused in criminal cases (irrespective of nationality in RTC or below); OR
b. Any person with pending case in DOJ

Question 8

To whom are Hold Departure Orders issued against?

Answer 8

a. Accused on criminal cases (irrespective of nationality in courts below RTC);

b. aliens (defendant, respondent, and witness in pending civil or labor case, or any case pending before
an administrative agency of the government); and

c. Any person motu proprio by the Secretary of Justice or request of heads of departments, Constitutional Commissions, Congress, or Supreme Court