Political Law

Jovito Salonga vs Rolando Hermoso

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  • Right to travel is not suspended during martial law
  • A republican State under martial law must still abide by the Universal Declaration of Human Rights
  • Basic constitutional rights are still protected during martial law

G.R. No. L-53622 – 97 SCRA 121 – Political Law – Constitutional Law – Right to Travel Even During Martial Law

During the time of Martial Law, Jovito Salonga filed a case for mandamus against Rolando Hermoso of the Travel Processing Center to compel the latter to issue a certificate of eligibility to travel in favor of Salonga.

ISSUE: Whether or not the right to travel may be prohibited during martial law.

HELD: No. This issue became moot and academic because it appears that Hermoso did issue and did not deny Salonga’s request for a certificate of eligibility to travel.

The issuance of the certificate was in pursuant to the Universal Declaration of Human Rights on the Right to Travel. The Philippines, even though it is under martial law, shall in no instance facilitate the erosion of human rights. The Travel Processing Center should exercise the utmost care to avoid the impression that certain citizens desirous of exercising their constitutional right to travel could be subjected to inconvenience or annoyance – this is to avoid such similar cases to face the Court which needlessly expire the Court’s effort and time.

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