Immigration Law:

The Right to Travel

and its Limitations
FS145: Immigration Law . New Era University .
Atty. Ida Marie V. Escolano .

Constitutional Right, guaranteed in the Bill
of Rights (Art. III, 1987 Constitution)

Section 6. The liberty of abode and of changing the same within

the limits prescribed by law shall not be impaired except upon lawful order
. Neither shall the right to travel
of the court
be impaired except in the interest of
national security, public safety, or
public health, as may be provided by
law.

The Right to Travel


The constitutional right to travel refers to
the right to move from one place to
another. Just like any other right, the
right to travel is not an absolute
right. It is subject to restrictions as
provided under Article 3 of the 1987
Constitution.

Not absolute right

The right to travel may be impaired only on
the following grounds:

interest of national security,

public safety,

public health,

as may be provided by law.

Grounds to impair right to travel


In case of interest of national security and
public safety, Filipinos may be prohibited
in travelling to countries where there is
threat of terrorism.

Marcos

National Security,
Public Safety

In case of public health, health officers
may restrict access to contaminated areas
and also quarantine those already
exposed to the disease sought to be
contained.

Public Health

Other than national security, public safety,
and public health, no other ground can
restrict the person’s right to travel unless
there is a law providing for such other
ground. Such law must be enacted by
Congress, the legislative branch of our
government. An example of a law which
provides limitation on the right to travel is
the Human Security Act.

As provided by law
The right to travel may be
impaired:

upon lawful order of the court

or by the appropriate executive
officer (ex. DOJ, BOI)

Who may order the impairment of

right to travel?

Impairment of the right to travel may also be
made as consequence of the pendency of the
criminal case filed.

Article III, Section 6 of the 1987 Constitution
by no means limit the inherent power of the
Courts to use all means necessary to carry
their orders into effect in criminal cases
pending before them.

When by law jurisdiction is conferred on a
Court or judicial officer, all auxillary writs,
process and other means necessary to carry
it into effect may be employed by such Court
or officer

As consequence of the pendency

of the criminal case filed

Holding an accused in a criminal case
within the reach of the Courts by
preventing his departure from the
Philippines must be considered as a valid
restriction on his right to travel so that he
may be dealt with in accordance with law.

As consequence of the pendency

of the criminal case filed

The offended party in any criminal
proceeding is the People of the
Philippines. It is to their best interest that
criminal prosecutions should run their
course and proceed to finality without
undue delay, with an accused holding
himself amenable at all times to Court
Orders and processes.

As consequence of the pendency

of the criminal case filed

When travelling abroad, the Bureau of
Immigration regulates the entry (arrival),
stay (sojourn), and exit (departure) of
foreign nationals in the country and
monitors the entry and exit of Filipino
citizens, in compliance with Philippine
laws and other legal procedures.

BOI Powers
IN GENERAL, FILIPINOS TRAVELING
ABROAD NEED ONLY TO PRESENT THE
FOLLOWING DOCUMENTS:

Valid passport – at least 6 months;

Valid Original visa for port of entry( when
required); and

For tourists, a return ticket. (Memorandum Order
No. MCL – 07 -019 issued on October 24, 2007).

In General

Minors

Persons issued Hold Departure Order

Persons issued Watch List Order

Contract Workers

Filipino Emigrants

Government Officials

Dual Citizens

*Read .pdf file ‘Restrictions to Travel’ in Moodle

Restrictions On The Right To

Travel Of Filipinos
Circular No. 39-97

Hold-Departure Orders shall be issued only in
criminal cases within the exclusive
jurisdiction of the Regional Trial Courts

The Regional Trial Courts issuing the Hold-
Departure Order shall furnish the Department
of Foreign Affairs [DFA] and the Bureau of
Immigration [BI] of the Department of
Justice with a copy each of the Hold-
Departure Order issued within twenty-four
(24) hours from the time of issuance.

Hold Departure Order (HDO)

The Hold-Departure Order shall contain the following
information:

The complete name (including the middle name), the
date and place of birth and the place of last residence
of the person against whom a Hold-Departure Order
has been issued or whose departure from the country
has been enjoined;

The complete title and the docket number of the case
in which the Hold-Departure Order was issued;

The specific nature of the case; and

The date of the Hold-Departure Order

If available, a recent photograph of the person
against whom a Hold-Departure Order has been
issued or whose departure from the country has been
enjoined should also be included.

Hold Departure Order (HDO)

Whenever [a] the accused has been acquitted;
or [b] the case has been dismissed, the
judgment of acquittal or the order of dismissal
shall include therein the cancellation of the
Hold-Departure Order issued. The Court
concerned shall furnish the Department of
Foreign Affairs and the Bureau of Immigration
with a copy each of the judgment of acquittal
promulgated or the order of dismissal issued
within twenty-four [24] hours from the time of
promulgation/issuance and likewise through
the fastest available means of transmittal.

Hold Departure Order (HDO)


In order to avoid the indiscriminate
issuance of Hold-Departure Orders
resulting in inconvenience to the parties
affected, the same being tantamount to
an infringement on the right and
liberty of an individual to travel and to
ensure that the Hold-Departure Orders
which are issued contain complete and
accurate information, the following
guidelines are hereby promulgated

Why was this circular issued?

DOJ CIRCULAR NO. 41, JUNE 07, 2010
The Secretary of Justice may issue an HDO, under any
of the following instances:

Against the accused, irrespective of nationality, in
criminal cases falling within the jurisdiction of courts
below the Regional Trial Courts (RTCs).

Against the alien whose presence is required either as
a defendant, respondent, or witness in a civil or labor
case pending litigation, or any case before an
administrative agency of the government.

against any person, either motu proprio, or upon the
request by the Head of a Department of the
Government;, when the adverse party is the
Government or any of its agencies or
instrumentalities, or in the interest of national
security, public safety or public health.

Hold Departure Order (HDO)

Circular 39-97 Circular 41
Issued by Supreme Court Issued by DOJ
RTC has the power to issue HDO DOJ has the power to issue HDO
Criminal cases filed and within Criminal cases filed and below
the jurisdiction of RTC the jurisdiction of RTC
Alien whose presence is required
in a case
Any person as requested by head
of department of government, or
in the interest of national
security, public safety or public
health
Upon acquittal or dismissal of the five (5) years from date of
case issuance unless sooner
terminated

Circular 39-
39-97 vs. Circular 41
DOJ CIRCULAR NO. 41, JUNE 07, 2010
The Secretary of Justice may issue a WLO, under any of
the following instances:

Against the accused, irrespective of nationality, in
criminal cases pending trial before the Regional Trial
Court.

Against the respondent, irrespective of nationality, in
criminal cases pending preliminary investigation,
petition for review, or motion for reconsideration
before the Department of Justice or any of its
provincial or city prosecution offices.

Against any person, pursuant to the "Anti-Trafficking
in Persons Act of 2003" (R.A. No. 9208) and/or in
connection with any investigation being conducted by
it, or in the interest of national security, public safety
or public health

Watch List Order (WLO)

The WLO shall be valid for sixty (60) days
unless sooner terminated or extended, for a
non-extendible period of not more than
sixty (60) days

Watch List Order (WLO)

 HDO WLO
Can be issued by: Can be issued only by DOJ
RTC (Circular 39-97)
DOJ (Circular 41)
Can be issued only once the case Can be issued even during the
is already with the court preliminary investigation stage,
heard before the office of the
public prosecutor
RTC - until otherwise revoked or valid for 60 days and is
lifted unless sooner terminated renewable for a non-extendible
DOJ – 5 years period of 60 days
Once a person is given a HDO, he cannot when a person is placed under the WDO,
leave the country unless he gets an order he cannot leave the country unless he gets
from the court allowing him to leave. Said a clearance from the Bureau of
order has to be confirmed by the Immigration
Commissioner of the Bureau of
Immigration.

HDO VS. WLO


2012 issue

Is DOJ Circular No. 41 constitutional?

Does it grant DOJ exuberant bordering to
abusive?

Is this karma on Pres. Arroyo?

Arroyo vs. De Lima


Study Sec. 5

HDO/WLO Lifting or Cancellation

DOJ CIRCULAR NO. 41, JUNE 07, 2010

Any person subject of HDO/WLO issued pursuant to this
Circular who intends, for some exceptional reasons, to
leave the country may, upon application under oath with
the Secretary of Justice, be issued an ADO.

The ADO may be issued upon submission of the following
requirements:
a. Affidavit stating clearly the purpose, inclusive period of
the intended travel, and containing an undertaking to
immediately report to the DOJ upon return; and
b. b. Authority to travel or travel clearance from the court
or appropriate government office where the case upon
which the issued HDO/WLO was based is pending, or
from the investigating prosecutor in charge of the
subject case.

Allow Departure Order (ADO)

DOJ CIRCULAR NO. 41, JUNE 07, 2010

Any person who is prevented from leaving
the country because his name appears to
be the same as the one that appears in
the HDO/WLO issued pursuant to this
Circular may, upon application under oath,
be issued a Certification to the effect that
said person is not the same person whose
name appears in the issued HDO/WLO.
Issuance of
Clearance/Certification of Not the
Same Person

Cedric Lee et al and BOI/DOJ Lookout
Bulletin

How is Lookout Bulletin different from
WLO/HDO?

Lookout Bulletin

The CI may establish BCA with
neighboring countries to effectively
monitor the movement and activities of
aliens in such countries.

The Philippines maintain BCA with
Malaysia and Indonesia

Border Crossing Agreements