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FACTS REGARDING FREEDOM TO TRAVEL

Marcos v. Manglapus
G.R. No. 88211. September 15, 1989
Cortes, J:

DOCTRINE:
The right to return to one’s country is not among the rights specifically guaranteed in the Bill of
Rights, which treats only of the liberty of abode and the right to travel, but it is our
well-considered view that the right to return may be considered, as a generally accepted
principle of international law and, under our Constitution, is part of the law of the land.

FACTS:
In February 1986, Ferdinand Marcos was deposed from presidency through the successful
People Power. His family was forced into exile in Hawaii, and was replaced by Corazon Aquino
as President.

On his deathbed, Ferdinand Marcos wished to return to the Philippines to die. President Aquino
barred the family’s return, citing the dire consequences to the nation of his return at a time when
the stability of government is threatened from various directions and the economy is just
beginning to rise and move forward as a reason.

ISSUE:

Can the President bar the Marcoses’ return to the Philippines?

Does the right to travel as mentioned in Section 6 of the Bill of Rights include the right to return
to the country?

RULING:

Yes, the President may bar the family from returning to the country, because the Constitution
has vested the government the duty and to serve the people, as mentioned in Article II. The
influence of the Marcoses have proven to be dangerous and powerful even if they were outside
the country, as shown when Marcos loyalists have stormed a television station and started coup
d’ etats. The family has also attempted to return to the country surreptitiously by hiring a group
of Lebanese mercenaries to fly them back using a private jet, which only further proves their
capacity.

The right to return to one’s country is not among the rights specifically guaranteed in the Bill of
Rights, which treats only of the liberty of abode and the right to travel, but it is our
well-considered view that the right to return may be considered, as a generally accepted
principle of international law and, under our Constitution, is part of the law of the land [Art. II,
Sec. 2 of the Constitution.] However, it is distinct and separate from the right to travel and
enjoys a different protection under the International Covenant of Civil and Political Rights, i.e.,
against being "arbitrarily deprived" thereof [Art. 12 (4).] Therefore, the President, by the power
vested to her by the Constitution, may limit one’s right to return to the county, especially when
the safety and security of the nation is involved.

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