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Genuino vs. Hon. De Lima [SEPARATE OPINION, LEONEN, J.]

EFRAIM C. GENUINO, ERWIN F. GENUINO AND SHERYL G. SEE, PETITIONERS, VS. HON. LEILA M. DE LIMA, IN HER CAPACITY AS SECRETARY OF JUSTICE, AND RICARDO V. PARAS III, IN HIS CAPACITY AS CHIEF STATE COUNSEL, CRISTINO L. NAGUIAT, JR. AND THE BUREAU OF IMMIGRATION, RESPONDENTS. [G.R. No. 199034] MA. GLORIA MACAPAGAL-ARROYO, PETITIONER, VS. HON. LEILA M. DE LIMA, AS SECRETARY OF THE DEPARTMENT OF JUSTICE AND RICARDO A. DAVID, JR., AS COMMISSIONER OF THE BUREAU OF IMMIGRATION, RESPONDENTS. [G.R. No. 199046] JOSE MIGUEL T. ARROYO, PETITIONER, VS. HON. LEILA M. DE LIMA, AS SECRETARY OF THE DEPARTMENT OF JUSTICE AND RICARDO V. PARAS III, AS CHIEF STATE COUNSEL, DEPARTMENT OF JUSTICE AND RICARDO A. DAVID, JR., IN HIS CAPACITY AS COMMISSIONER, BUREAU OF IMMIGRATION, RESPONDENTS.

G.R. No. 197930 | 2018-04-17

SEPARATE OPINION

LEONEN, J.:

I concur that Department of Justice Circular No. 41, series of 2010, is unconstitutional. The Department of Justice is neither authorized by law nor does it possess the inlierent power to issue hold departure orders, watchlist orders, and allow departure orders against persons under preliminary investigation.

However, I have reservations regarding the proposed doctrine that the right of persons to travel can only be impaired by a legislative enactment as it can likewise be burdened by other constitutional provisions.

The pertinent Constitutional provision on the right to travel is Article III, Section 6, which...