Right to Travel

The denial of Gloria’s right to travel, prior to the issuance of a warrant of arrest, violated the constitution. The executive department during the Gloria-Macapagal administration committed a grave mistake by arrogating unto itself powers, which are supposedly provided by the Administrative Code, but are contrary to the provisions of the Constitution. The Aquino administration is continuing such grave mistake.

I disagree with Fr. Joaquin Bernas on his opinion that the Supreme Court should be obeyed in as far as the TROs are concerned. But I agree with his position that there was no sufficient and reasonable basis, prior to the issuance of the warrant of arrest, to violate a constitutional right (right to travel). The curtailment of such right is based on a reading of the Administration Code, which could not supersede the constitutional provision.

The principle is simple, it was not right to violate Gloria's right to travel on the ground that she may be charged with an offense in court or that she may not return to face the charges. We can never eat the fruits of a poisonous tree without any negative consequence. We were mad when Gloria used the travel ban during her term. We should be mad when anyone uses this travel ban now.