• Office of Minority Leader Edcel C. Lagman
• 0916-6406737 / 0918-9120137
• 04 November 2011

         It is not a question of compassion, accommodation or even health condition but a matter of the constitutional right to travel which former President Gloria Macapagal-Arroyo must exercise without any impediment or restraint.

          The right to travel is enshrined in the Bill of Rights which unequivocally provides: “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.”

          Former President Arroyo’s travel does not involve national security, public safety, or public health which are the only constitutional limitations to a citizen’s right to travel which shall be provided by law.

          Until now the Congress has not enacted the requisite law pursuant to the mandate of the Constitution.

          I have filed House Bill No. 5111, entitled “An Act Upholding the Constitutional Right to Travel and Granting to the Proper Court the Exclusive Jurisdiction to Issue Hold Departure Orders” to precisely comply with the prescription of the Constitution for Congress to enact a law protecting the right to travel and imposing the aforementioned three (3) constitutional limitations.

          Pending the passage of the necessary statute, mere executive issuances will not suffice as compliance with the Constitution and the right to travel cannot be restricted by executive fiat.

          Inclusion of a person’s name in the watch order list of the Department of Justice is not equivalent to a hold departure order which only the proper court can issue.

          Moreover, there is no criminal information filed in any court or tribunal against former President Arroyo to justify the delay or denial of her right to fully exercise her freedom to travel.