Why regular travelers should not be offloaded by executive officers.
Section 1, Article III, 1987 Constitution: No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 6, Article III, 1987 Constitution states: The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. 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.
In societies such as ours, rights are held dear. Rights are sacred. So impositions against such rights should only be made upon justifications beyond the rationale of such rights. But what is the justification for disallowing a regular tourist who has sacred rights guaranteed by basic human dignity and by the organic law of the land, the Constitution? For the valid impairment of the right to travel, there must be exigencies against national security, public safety, or public health as may be provided by law. There is no doubt a person may be prohibited to travel to other countries to prevent possible international misunderstanding and conflict and, perhaps, to prevent another world war, or to prevent an imminent pandemic or the simple spread of diseases, or to prevent imminent dangers or threats against national security, or so as not to frustrate the ends of justice as in the case of bail bonded respondents- all as may be provided by law.

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What is the law that gives an executive office to deny the travel of passengers to other countries? What is the clear distinction of the so-called offloadable passengers compared to other travelers? There is no economic requirement for the exercise of the right to travel. There should be equal protection of the law. A provinciano has the same rights as the Manileño.
Sec. 30, RA 9208 (Anti-Trafficking in Persons Act of 2003) provides: Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and the right to travel for purposes not contrary to law as guaranteed by the Constitution. Sec. 60, Article XVII, Implementing Rules of RA 9208 mirrors the same provision.
Offloading of regular tourists has been mainly based on the Anti-Trafficking in Person Act of 2003. But this law specifically states that it should not be interpreted as a restriction of the right to travel.
Economic incapacity may be an indication of trafficking. But economic ability is neither an indication of a negative trafficking situation. There is no law that provides that only those who are economically sufficient shall be allowed to travel. There is also no law that says those who do not have enough pecuniary capacities shall be prevented from travelling. Liberties are not dependent upon bank accounts and securities of an individual. Anyone can exercise his liberties whether he has money or not. The right to travel is a human right. It stems from basic humanity. To deny one’s right to travel is to deny his humanity. An executive officer definitely has not the power to deny anyone his humanity.
To prohibit travel based on economic incapacity is a purely discriminatory practice. Discrimination belongs to the Jurassic era. It is no longer in fashion.
In the same implementing rules, Sec. 17, Article V (f), the Bureau of Immigration (BI) is mandated to: (i) Strictly administer and enforce immigration and alien registration laws; (ii) Adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure; (iii) Ensure compliance by the Filipino fiances/fiancees an spouses of foreign nationals with the pre-departure and counseling program requirement of the Act; (iv) Strictly implement the requirement for a parental travel authority duly processed by the DSWD for minors traveling abroad unaccompanied by one parent, and the travel clearance for minors traveling abroad unaccompanied by both parent; (vi) Ensure compliance by Overseas Filipino Workers of the departure requirements of the POEA. (…)
The Bureau of Immigration is indeed mandated to detect possible human trafficking situations. But it is not mandated to offload passengers. Mandate to offload a passenger only springs from the mandate to detect a possible human trafficking situation. In other words, if there is no possible human trafficking situation, BI should not offload passengers. In others words too, if BI offloads passengers, it is saying that it detects a possible human trafficking situation.
So if BI detects a possible human trafficking situation, it should pursue a case anchored on such detection of a human trafficking situation. Do BI officers take into consideration the elements of the crime of trafficking in persons? Detection of a human trafficking situation should be based on the law. The law provides the elements of trafficking in persons. So detection of a possible human trafficking situation means detecting the ELEMENTS of trafficking in persons. In this sense, when BI offloads passengers it is only saying that it is rescuing a possible victim and/or preventing the departure of a possible human trafficker and subsequently effecting arrest. Of the thousands offloaded, how many cases had been filed?
It is not for BI to require passengers the submission of additional documents to show whatever it is looking for in a passenger. A passenger does not need to prove he can exercise a constitutional right. There is no law that empowers any officer to ask a citizen to prove he can exercise a right. Doing so would arrogate unto its officers the power to decide on who can exercise a human right. BI officers have no such sweeping power. The practice of requiring passengers to submit additional documents is reminiscent of The Special Committee on Travel Abroad during our past repressive regime. So you see, prohibition on travel belongs to despotic regimes who want to keep citizens on a tight leash. Is our government despotic? Repressive?
Article 127, Revised Penal Code says: The penalty of prision correccional shall be imposed upon any public officer or employee who, not being thereunto authorized by law, shall expel any person from the Philippine Islands or shall compel such person to change his residence.
The Penal Code punishes expulsion. No person may be compelled to change his residence. The opposite holds true, no person may be compelled (or prohibited) NOT to change his residence! The rationale behind this law obvious. No public officer or employee , may compel any person to change his residence. Thus, no public officer or employee may compel a person NOT to change his residence. Ergo, no officer may prohibit a passenger to change his residence.
Isagani A. Cruz, Constitutional Law, 2000 said this as the purpose of Sec. 6, Art. III of the Constitution: The purpose of the guaranty is to further emphasize the individual’s liberty as safeguarded in general terms by the due process clause. Liberty under that clause includes the right to choose one’s residence, to leave it whenever he pleases, and to travel wherever he wills. Section 6 is a specific safeguard to these rights and is intended to underline their importance in a free society. Justice Cruz continues to say, this time on limitations: It is now required, to avoid abuse, particularly by petty administrators with less than the proper regard for the Constitution, that the ascertainment of the grounds for the exception should be made by the executive officers only “as may be provided by law”, specifying strict guidelines and appropriate standards. This is in keeping with the principle that ours is a government of laws and not of men and also with the canon that provisions of law limiting the enjoyment of liberty should be strictly construed against the government and in favor of the individual.
The first question is, what is the law that empowers offloading of passengers? The second question is, where are these strict guidelines and appropriate standards that allows denial of the exercise of the right to travel?
The Constitution is clear. Impairment of the right to travel should be provided for by law. What is a law? According to Jurado, Civil Law Reviewer, 1999, “The term law, in its general sense (derecho), is defined as the science of moral laws based on the rational nature of man, which governs his free activity for the realization of his individual and social ends, and which by its very nature is demandable and reciprocal. (1 Sanchez Roman 3.) In its specific sense (ley), it is defined as a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit.”
In English, it only means, it is an enactment from Congress, duly signed by the President of the Republic, subsequently observing requisite publications. For our consumption here, it means, it is a law promulgated by Congress to regulate the right to travel. As of press time, there is no such law.
Article 13, The Universal Declaration of Human Rights: (1) Everyone has the right to freedom of movement and residence within the borders of each state; (2) Everyone has the right to leave any country, including his own, and to return to his country.
Justice Perfecto in Caunca v. Salazar (82 Phil. 851) declared: Human dignity and human freedoms are essentially spiritual notwithstanding their material manifestations in the external world, and the universal concept of the spirit is inseparable from the idea of the eternal, of the unlimited by space or time.
Suum jus summa injuria. The abuse of right is the greatest possible wrong.