QUESTIONS

1. How important is the right to travel? What happens when a

person’s right to travel is suspended or curtailed?

The liberty of abode and of changing it within the limits set by law shall not
be hindered except upon legitimate order of the court," according to section
6 of the Bill of Rights. "Neither shall the right to travel be impaired except in
the interest of national security, public safety, or public health, as may be
provided by law." It is critical that we have the freedom to travel to
wherever we want, whether for business, vacation, education, or migration,
as long as we do not pose a threat to others. Furthermore, if this freedom is
restricted, the court will not enable us to leave the nation, regardless of
how compelling the argument.

2. Does the President of the Philippines have the right to ban a former
dictator from returning back to the country?

This case is unique. It should not create a precedent, for the case of
dictator forced out of office and into exile after causing twenty years of
political, economic and social havoc in the country and who within the short
space of three years seeks to return, is in a class by itself. Whether or not,
in the exercise of power granted by the Constitution, the President may
prohibit the Dictator and his family from returning to the country, in the
interest of "national security, public safety or public health .

3. Why is “due process” and the “equal protection” clause important

in the tourism, travel and hospitality industry?
The equal protection clause prevents the state government from enacting
criminal laws that arbitrarily discriminate. The Fifth Amendment due
process clause extends this prohibition to the federal government if the
discrimination violates due process of law.
4. Does an administrative school official have the right to ban
students with pending administrative cases from traveling within and
outside the country?

No, administrative school official cannot ban. As per bill of rights, no ban
can be imposed on travelling except upon lawful order of court. If ban is
imposed, it will infringe the right to travel. So ban cannot be imposed by
administrative school official on students with pending administrative
cases.

5. Is it lawful for hotel managers to allow telephones tapped in hotel

rooms to protect itself from impending entrance of potential terrorists
within the building?

The action taken by the hotel managers to tap the hotel room phones is
unlawful, punishable and unacceptable. Wiretapping is a crime punished in
the Philippines under the Republic Act No. 4200, also known as the Anti-
Wiretapping Act. "The law prohibits the use of any wire or cable or other
devices to record, intercept or secretly overhear any private communication
or spoken word when it is unauthorized in the conversation by all parties,
except when it is done in accordance with a court order and fulfills all the
conditions imposed by the law.

6. What is your understanding of the principle of “hold-departure

order” as a deprivation of the right of a person to travel?
For me all I know is if they have a hold - departure order it means they
have the authority to stop on your travel especially when you have a case
or you are encountered in a crime.

7. What are the grounds for granting a “hold-departure order”?

A Hold Departure Order (HDO) prevents an individual to depart from the
Philippines. To file the said order, a criminal case should be pending before
the Regional Trial Court (RTC) and an order should be given by the RTC
directing the Bureau of Immigration to hold the departure of the person / s
named.
8. What is a strike? What is the rationale why government employees,
though they may be allowed to form unions, are prohibited to conduct
strikes?

A strike is an activity conducted by a group of laborers to avoid attending to

their job or line of duty. A strike is an activity conducted by a group of
laborers to avoid attending to their job or line of duty; government
employees are not permitted to strike because, as a government
employee, you must put your personal or group interests aside and
prioritize serving your fellow countryman, as stated in the oath of
government employees.

9. Can a general manager of a hotel have the right to join, assist and
form a labor organization?

Managers and supervisors are not protected by the NLRA, and cannot join
unions or be part of the bargaining unit. These employees are considered
to be part of a company's management rather that its labor forces.

10. Is it valid to employ foreigners as general managers of deluxe

hotels in relation to Section 14, Article XII of the 1987 Constitution?

The Philippines ' 1987 Constitution Article XII Section 14 aims to promote
the deployment of local talent. It Reads: "The sustained development of a
reservoir of national talents consisting of Filipino scientists, entrepreneurs,
professionals, managers, high - level technical manpower and skilled
workers and craftsmen in all fields shall be promoted by the State. "There
are other Immigration laws which allow foreigners to work in senior
executive levels. The employer has to apply for the work Visa (9G) before
the employee even enters the country. That also applies to all Aliens
intending to enter the Philippines and conduct research or work there. It s
called the "Alien Employment Permit".
Watch the film “Dubai” in class or at home.
Discuss the following items

What were the reasons why the main characters traveled to Dubai?

Raffy and Andrew were orphaned as kids and had only

each other to depend on. Raffy has spent the last nine years of his life
working in Dubai. His ultimate goal is to fulfill a lifelong dream: to eventually
move to Canada with his younger brother, Andrew. The Alvarez brothers
are finally united when Andrew goes to Dubai.
In Dubai, Andrew meets Faye, one of Raffy's many girlfriends. They hit it off
well in spite of their age difference. She becomes his guide, comfort and
lover. Seeing the two together, Raffy realizes that he still and really loves
Faye. When Andrew discovers that Raffy still loves Faye, conflict arises
between the brothers, almost severing the ties that bind them. In the end,
what they choose and achieve are not as planned, but their experiences in
Dubai lead to new beginnings in their lives.
Aga Muhlach plays Raffy, an overseas Filipino worker (OFW) living in
Dubai, United Arab of Emirates (UAE), and we first see him driving a pickup
truck across the desert while singing along an Eraserheads song. John
Lloyd Cruz is Raffy's younger brother Andrew, whom he sees after nine
years. After financially supporting Andrew for some time, Raffy summons
his brother there to get work and get to fulfill his dreams. You see, they grew
up orphaned, had plans of migrating to Canada and sees Dubai as their
ticket there. But things get awry as Andrew falls in love with fellow OFW
Faye (Claudine Barretto), who turns out to be Raffy's ex-girlfriend. It seems
that Raffy and Faye are still in love with each other.

What kind of visa do you think was given to them as they entered
Dubai?

If you are planning to visit Dubai or any of the seven emirates of UAE,
you will need a Dubai visa. A UAE visa (Dubai visa) can be a 30 days Dubai
visa (short term) or a 90 days Dubai visa (long term).
 A. (20 pts)

RESEARCH PROJECT
In the early 1990s, there was a debate on
whether former First Lady Imelda Marcos, who had
pending cases before the Sandigan bayan at that
time, be allowed or not to travel abroad for medical
reasons. Go to any search engine and surf on the
topic “Imelda Marcos Medical Treatment” to know
more about the details of this issue as it was
extensively covered by the media. In your opinion,
what was the right thing to do? Cite some laws that
will justify your answer. What was the verdict of the
court? Do you agree? What was the basis of the
court’s decision?

ANSWER:
Imelda Marcos , the former First Lady filed a Motion for Leave to Travel
abroad to seek diagnostic tests and treatment because it is alleged that it is a
serious and life threatening medical condition . Her petition for motion to leave
was denied due to the fact that she is accused in Criminal cases No. 17450
and No. 17453. Thus it might motivate her not to return if she were authorized
to leave the country. In my own opinion the right thing to do is to decline her
petition because the absolute necessity to go abroad was not demonstrated
and no statement was made by the accused that medical equipment and
facilities were sorely inadequate for the needs of the moving. There is no
demonstration of any compelling reason for this court to grant (her) request to
travel abroad . The Supreme Court has ruled that an anti-graft court that
convicted former first lady Imelda Marcos has the right to decide whether she
can be allowed to go abroad for medical treatment. The high court ordered
the anti-graft court to assemble a panel of medical specialists to determine
whether the heart condition of the widow of Ferdinand Marcos can be treated
locally or if foreign specialists are needed. The anti-graft court sentenced Mrs.
Marcos in 1993 to up to 24 years in prison for graft committed during her
husband's 20 - year administration. After her conviction, Mrs. Marcos, who is
out on bail pending an appeal, asked the court to allow her to travel to China
for testing and treatment by Chinese herbal doctors of a heart ailment. The
court denied her plea, saying that Mrs. Marcos failed to prove that a trip
abroad was necessary for her condition. And she is facing 10 counts of graft
before the Fifth Division in connection with her alleged illegal financial
interests in several private companies while she was a member of the Interim
Batasan Pambansa from 1978 to 1984. The evidence submitted does not
confirm the allegation that Mrs. Marcos is in the high risk group for sudden
cardiac death , ' a report by a team of doctors said . And In such an event the
determination of her medical condition should be made by a joint panel of
medical specialists recommended by both the accused and the prosecution.