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

Date of Publication

2016

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Civil Rights and Discrimination

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Hilario S. Caraan

Defense Panel Chair

Antonio A. Ligon

Defense Panel Member

Christine V. Pangilinan-Canlapan
Jocelyn P. Cruz

Abstract/Summary

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.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19339

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

[6],185 leaves, 28 cm.

Keywords

Freedom of movement--Philippines; International travel regulations--Philippines

Embargo Period

5-6-2021

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