• Rep. Edcel C. Lagman
• Mobile Nos. 0916-6406741 / 0918-9120137
• 24 August 2011

               Once again the Supreme Court has come to the rescue of civil liberties. This time upholding the right to travel against derogation by administrative or executive zealots.

               The issuance of a TRO by a unanimous Court to stop the implementation of the Watch List Order (WLO) against Atty. Jose Miguel Arroyo was expected because the inclusion of his name in the WLO was made by the Secretary of Justice with precipitate haste and without due process even as there is no criminal case pending against Arroyo.

               I urge the House leadership to prioritize the enactment of House Bill No. 5111 which I authored protecting the right to travel and vesting in the proper court the sole jurisdiction to issue a Hold Departure Order (HDO) after due notice and hearing.

               In the absence of a law regulating the impairment of the constitutional right to travel, existing administrative issuances grant concurrent jurisdiction to issue HDO to the President, Secretary of Justice and the proper court.

               Pursuant to mere administrative fiat, inclusion in the WLO is a virtual HDO because the subject citizen cannot travel without getting clearance from the Secretary of Justice who could deny the application for clearance without clear parameters on the exercise of discretion.

               The Constitution provides that the right to travel cannot be denied “except in the interest of national security, public safety and public health, as may be provided by law.”

              HB No. 5111 is the requisite implementing statute mandated by the Constitution to protect the right to travel and delimit its denial.