LIBERTY OF ABODE AND RIGHT TO TRAVEL.docx

**LIBERTY OF ABODE AND RIGHT TO TRAVEL: SCOPE AND LIMITATIONS** **Legal Basis:**\ The liberty of abode and the right to travel are enshrined in **Section 6, Article III of the 1987 Philippine Constitution**, which states: *\"The liberty of abode and of changing the same within the limits prescribe...

**LIBERTY OF ABODE AND RIGHT TO TRAVEL: SCOPE AND LIMITATIONS** **Legal Basis:**\ The liberty of abode and the right to travel are enshrined in **Section 6, Article III of the 1987 Philippine Constitution**, which 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.\"* This provision affirms two distinct but related freedoms: the **liberty of abode** and the **right to travel**, both of which are subject to limitations grounded in law. **1. LIBERTY OF ABODE** **Definition:**\ The **liberty of abode** refers to the right of an individual to choose where to live, and to change one's place of residence. It is a fundamental aspect of personal freedom, connected to the right to privacy, autonomy, and self-determination. **Scope:** - - **Limitations:** - - - **Jurisprudence:** - **2. RIGHT TO TRAVEL** **Definition:**\ The right to travel guarantees the freedom to move from one place to another, either within the country or across international borders. **Scope:** - - **Limitations:** The Constitution provides that the right to travel may be restricted only in three specific instances: - - - **Statutory and Jurisprudential Exceptions:** - - - - - **Special Considerations for Public Officials:**\ Public officials are sometimes required to secure travel authority from higher government offices before traveling abroad. For instance: - - **3. BALANCING TEST: FUNDAMENTAL RIGHT VS. STATE INTERESTS** In interpreting and applying the limitations on the right to travel and liberty of abode, courts have consistently employed a **balancing test**. This test weighs an individual\'s fundamental right to travel against the state\'s interest in imposing restrictions based on national security, public safety, or public health. - - **4. RIGHT TO TRAVEL AND INTERNATIONAL LAW** **Philippines\' Obligations under International Law:**\ The right to travel is also recognized under international human rights instruments to which the Philippines is a signatory, such as the **International Covenant on Civil and Political Rights (ICCPR)**. Article 12 of the ICCPR guarantees the right to freedom of movement, subject to certain restrictions for reasons of national security, public order, or public health. **Extradition and International Travel:**\ Extradition laws, particularly **Presidential Decree No. 1069 (Philippine Extradition Law)**, may also affect the right to travel, as persons facing extradition may be subject to temporary detention and travel bans while their case is being processed.