RIGHT TO TRAVEL

LAW EACH WEEK

Do you have the right to travel?
YES. Filipinos have the right to travel in and out of the Philippines.

Can the right to travel be impaired?
YES. The right can be impaired in interest of national security, public safety or public health, as may be provided by law. (Section 6, Article III of the 1987 Constitution)

Why is a passport necessary to travel when traveling is a right?
A passport makes sure that the travel is within the bounds prescribed by law. It is essential in exercising one’s right to travel outside the Philippines. Since the right to travel is a constitutional right, Section 2 of Republic Act (RA) 8239 or the Philippine Passport Act of 1996 provides that the government has the duty to issue a passport or any travel document to any Philippine citizen or individual as long as they have complied with the requirements. Despite the overwhelming concern on the interest of public security and public safety, since the right to travel is constitutionally protected, only minimum requirements for the application and issuance of passports and other travel documents shall be prescribed.

What are the grounds for the cancellation of a Philippine passport?
The cancellation of the passport may be done only under grounds provided for by Section 8 of RA No. 8239 which are: (1) When the holder is a fugitive from justice; (2) When the holder has been convicted of a criminal offense; Provided, That the passport may be restored after service of sentence; or (3) When a passport was acquired fraudulently or tampered with. These are the only grounds provided for by law and only courts have the power to cancel passports or issue travel hold orders.

If you have the right to travel, does that mean you have the right to return to the Philippines?
NO. The right to return to one’s country is not specifically guaranteed under the Bill of Rights. It is distinct and separate from the right to travel and enjoys a different protection under the International Covenant of Civil and Political Rights