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“…The legal and constitutional issues are complex enough. The key question appears to be: Whether Department of Justice Circular No. 41, issued by then acting Justice Secretary Alberto C. Agra in the last remaining weeks of the Arroyo administration, violates the right to travel enshrined in the Constitution. The circular bears the title: ‘Consolidated rules and regulations governing the issuances and implementing of Hold Departure Orders, Watchlist Orders, and Allow Departure Orders.’ Among other things, it gives to the secretary of justice the power to issue HDOs and WLOs against persons involved in pending criminal cases even when they are still under preliminary investigation. Prior to this, only judges were empowered to issue HDOs. By putting out this circular, the DOJ—during Arroyo’s presidency—claimed the right to stop the departure of individuals in order to ‘prevent any miscarriage of justice, without, however, sacrificing the individual’s right to travel.’
“Many Filipinos and foreigners have been prevented from leaving the country on the strength of this circular. No one questioned its constitutionality—until now. It is no small irony that the one who is questioning it is none other than the former president herself during whose term it was conceived and enforced. If this does not speak volumes about the privileged class’ attitude toward the law, we don’t know what does.”
/ How serious is Arroyo’s medical condition? by Randy David, Philippine Daily Inquirer, 16 November 2011
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