Caunca vs Salazar Facts: This is an action for habeas corpus brought by Bartolome Caunca in behalf of his cousin Estelita

Flores who was employed by the Far Eastern Employment Bureau, owned by Julia Salazar, respondent herein. An advanced payment has already been given to Estelita by the employment agency, for her to work as a maid. However, Estelita wanted to transfer to another residence, which was disallowed by the employment agency. Further she was detained and her liberty was restrained. The employment agency wanted that the advance payment, which was applied to her transportation expense from the province should be paid by Estelita before she could be allowed to leave. Issue: Whether or Not an employment agency has the right to restrain and detain a maid without returning the advance payment it gave? Held: An employment agency, regardless of the amount it may advance to a prospective employee or maid, has absolutely no power to curtail her freedom of movement. The fact that no physical force has been exerted to keep her in the house of the respondent does not make less real the deprivation of her personal freedom of movement, freedom to transfer from one place to another, freedom to choose ones residence. Freedom may be lost due to external moral compulsion, to founded or groundless fear, to erroneous belief in the existence of an imaginary power of an impostor to cause harm if not blindly obeyed, to any other psychological element that may curtail the mental faculty of choice

or the unhampered exercise of the will. If the actual effect of such psychological spell is to place a person at the mercy of another, the victim is entitled to the protection of courts of justice as much as the individual who is illegally deprived of liberty by duress or physical coercion. Manotoc v. CA, 142 SCRA 149 Facts: Petitioner was charged with estafa. He posted bail. Petitioner filed before each of the trial courts a motion entitled, "motion for permission to leave the country," stating as ground therefor his desire to go to the United States, "relative to his business transactions and opportunities." The prosecution opposed said motion and after due hearing, both trial judges denied the same. Petitioner thus filed a petition for certiorari and mandamus before the then Court of Appeals seeking to annul the orders dated March 9 and 26, 1982, of Judges Camilon and Pronove, respectively, as well as the communication-request of the Securities and Exchange Commission, denying his leave to travel abroad. He likewise prayed for the issuance of the appropriate writ commanding the Immigration Commissioner and the Chief of the Aviation Security Command (AVSECOM) to clear him for departure. The Court of Appeals denied the petition. Petitioner contends that having been admitted to bail as a matter of right, neither the courts which granted him bail nor the Securities and Exchange Commission which has no jurisdiction over his liberty could prevent him from exercising his constitutional right to travel.

Issue: Whether or Not his constitutional right to travel has been violated. Held: A court has the power to prohibit a person admitted to bail from leaving the Philippines. This is a necessary consequence of the nature and function of a bail bond. The condition imposed upon petitioner to make himself available at all times whenever the court requires his presence operates as a valid restriction on his right to travel. Indeed, if the accused were allowed to leave the Philippines without sufficient reason, he may be placed beyond the reach of the courts. Petitioner has not shown the necessity for his travel abroad. There is no indication that the business transactions cannot be undertaken by any other person in his behalf. Marcos v. Manglapus, 177 SCRA 668
FACTS: This case involves a petition of mandamus and prohibition asking the court to order the respondents Secretary of Foreign Affairs, etc. To issue travel documents to former Pres. Marcos and the immediate members of his family and to enjoin the implementation of the President's decision to bar their return to the Philippines. Petitioners assert that the right of the Marcoses to return in the Philippines is guaranteed by the Bill of Rights, specifically Sections 1 and 6. They contended that Pres. Aquino is without power to impair the liberty of abode of the Marcoses because only a court may do so within the limits prescribed by law. Nor the President impair their right to travel because no law has authorized her to do so. They further assert that under international law, their right to return to the Philippines is guaranteed particularly by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which has been ratified by the Philippines.

ISSUE: Whether or not, in the exercise of the powers granted by the constitution, the President (Aquino) may prohibit the Marcoses from returning to the Philippines.

HELD: "It must be emphasized that the individual right involved is not the right to travel from the Philippines to other countries or within the Philippines. These are what the right to travel would normally connote. Essentially, the right involved in this case at bar is the right to return to one's country, a distinct right under international law, independent from although related to the right to travel. Thus, the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights treat the right to freedom of movement and abode within the territory of a state, the right to leave the country, and the right to enter one's country as separate and distinct rights. What the Declaration speaks of is the "right to freedom of movement and residence within the borders of each state". On the other hand, the Covenant guarantees the right to liberty of movement and freedom to choose his residence and the right to be free to leave any country, including his own. Such rights may only be restricted by laws protecting the national security, public order, public health or morals or the separate rights of others. However, right to enter one's country cannot be arbitrarily deprived. It would be therefore inappropriate to construe the limitations to the right to return to ones country in the same context as those pertaining to the liberty of abode and the right to travel. The Bill of rights treats only the liberty of abode and the right to travel, but it is a well-considered view that the right to return may be considered, as a generally accepted principle of International Law and under our Constitution as part of the law of the land. The court held that President did not act arbitrarily or with grave abuse of discretion in determining that the return of the Former Pres. Marcos and his family poses a serious threat to national interest and welfare. President Aquino has determined that the destabilization caused by the return of the Marcoses would wipe away the gains

achieved during the past few years after the Marcos regime. The return of the Marcoses poses a serious threat and therefore prohibiting their return to the Philippines, the instant petition is hereby DISMISSED

Philippine Association of Service Exporters v. Drilon, 163 SCRA 386 Facts: Petitioner, Phil association of Service Exporters, Inc., is engaged principally in the recruitment of Filipino workers, male and female of overseas employment. It challenges the constitutional validity of Dept. Order No. 1 (1998) of DOLE entitled Guidelines Governing the Temporary Suspension of Deployment of Filipino Domestic and Household Workers. It claims that such order is a discrimination against males and females. The Order does not apply to all Filipino workers but only to domestic helpers and females with similar skills, and that it is in violation of the right to travel, it also being an invalid exercise of the lawmaking power. Further, PASEI invokes Sec 3 of Art 13 of the Constitution, providing for worker participation in policy and decision-making processes affecting their rights and benefits as may be provided by law. Thereafter the Solicitor General on behalf of DOLE submitting to the validity of the challenged guidelines involving the police power of the State and informed the court that the respondent have lifted the deployment ban in some states where there exists bilateral agreement with the Philippines and existing mechanism providing for sufficient safeguards to ensure the welfare and protection of the Filipino workers. Issue: Whether or not there has been a valid classification in the challenged Department Order No. 1.

Held: SC in dismissing the petition ruled that there has been valid classification, the Filipino female domestics working abroad were in a class by themselves, because of the special risk to which their class was exposed. There is no question that Order No.1 applies only to female contract workers but it does not thereby make an undue discrimination between sexes. It is well settled hat equality before the law under the constitution does not import a perfect identity of rights among all men and women. It admits of classification, provided that: 1. Such classification rests on substantial distinctions 2. That they are germane to the purpose of the law 3. They are not confined to existing conditions 4. They apply equally to al members of the same class In the case at bar, the classifications made, rest on substantial distinctions. Dept. Order No. 1 does not impair the right to travel. The consequence of the deployment ban has on the right to travel does not impair the right, as the right to travel is subjects among other things, to the requirements of public safety as may be provided by law. Deployment ban of female domestic helper is a valid exercise of police power. Police power as been defined as the state authority to enact legislation that may interfere with personal liberty or property in order to promote general welfare. Neither is there merit in the contention that Department Order No. 1 constitutes an

invalid exercise of legislative power as the labor code vest the DOLE with rule making powers. Rubi v. Provincial Board of Mindoro, 39 Phil. 660 Facts: The provincial board of Mindoro adopted resolution No. 25 wherein non-Christian inhabitants (uncivilized tribes) will be directed to take up their habitation on sites on unoccupied public lands. It is resolved that under section 2077 of the Administrative Code, 800 hectares of public land in the sitio of Tigbao on Naujan Lake be selected as a site for the permanent settlement of Mangyanes in Mindoro. Further, Mangyans may only solicit homesteads on this reservation providing that said homestead applications are previously recommended by the provincial governor. In that case, pursuant to Section 2145 of the Revised Administrative Code, all the Mangyans in the townships of Naujan and Pola and the Mangyans east of the Baco River including those in the districts of Dulangan and Rubi's place in Calapan, were ordered to take up their habitation on the site of Tigbao, Naujan Lake. Also, that any Mangyan who shall refuse to comply with this order shall upon conviction be imprisoned not exceed in sixty days, in accordance with section 2759 of the revised Administrative Code. Said resolution of the provincial board of Mindoro were claimed as necessary measures for the protection of the Mangyanes of Mindoro as well as the protection of public forests in which they roam, and to introduce civilized customs among them.

It appeared that Rubi and those living in his rancheria have not fixed their dwelling within the reservation of Tigbao and are liable to be punished. It is alleged that the Manguianes are being illegally deprived of their liberty by the provincial officials of that province. Rubi and his companions are said to be held on the reservation established at Tigbao, Mindoro, against their will, and one Dabalos is said to be held under the custody of the provincial sheriff in the prison at Calapan for having run away form the reservation. Issue: Whether or Not Section 2145 of the Administrative Code deprive a person of his liberty pf abode. Thus, WON Section 2145 of the Administrative Code of 1917 is constitutional. Held: The Court held that section 2145 of the Administrative Code does not deprive a person of his liberty of abode and does not deny to him the equal protection of the laws, and that confinement in reservations in accordance with said section does not constitute slavery and involuntary servitude. The Court is further of the opinion that section 2145 of the Administrative Code is a legitimate exertion of the police power. Section 2145 of the Administrative Code of 1917 is constitutional. Assigned as reasons for the action: (1) attempts for the advancement of the non-Christian people of the province; and (2) the only successfully method for educating the Manguianes was to oblige them to live in a permanent settlement. The Solicitor-General adds the following; (3) The protection of the Manguianes; (4) the

protection of the public forests in which they roam; (5) the necessity of introducing civilized customs among the Manguianes. One cannot hold that the liberty of the citizen is unduly interfered without when the degree of civilization of the Manguianes is considered. They are restrained for their own good and the general good of the Philippines. Liberty regulated by law": Implied in the term is restraint by law for the good of the individual and for the greater good of the peace and order of society and the general well-being. No man can do exactly as he pleases. None of the rights of the citizen can be taken away except by due process of law. Therefore, petitioners are not unlawfully imprisoned or restrained of their liberty. Habeas corpus can, therefore, not issue. Silverio v. CA, April 8, 1991 FACTS: On November 26, 2002, Silverio field a petition for the change of his first name Rommel Jacinto to Mely and his sex from male to female in his birth certificate in the RTC of Manila, Branch 8, for reason of his sex reassignment. He alleged that he is a male transsexual, he is anatomically male but thinks and acts like a female. The Regional Trial Court ruled in favor of him, explaining that it is consonance with the principle of justice and equality.

The Republic, through the OSG, filed a petition for certiorari in the Court of Appeals alleging that there is no law allowing change of name by reason of sex alteration. Petitioner filed a reconsideration but was denied. Hence, this petition. ISSUE: WON change in name and sex in birth certificate are allowed by reason of sex reassignment. HELD: No. A change of name is a privilege and not a right. It may be allowed in cases where the name is ridiculous, tainted with dishonor, or difficult to pronounce or write; a nickname is habitually used; or if the change will avoid confusion. The petitioners basis of the change of his name is that he intends his first name compatible with the sex he thought he transformed himself into thru surgery. The Court says that his true name does not prejudice him at all, and no law allows the change of entry in the birth certificate as to sex on the ground of sex reassignment. The Court denied the petition.

Villavicencio v. Lukban, 39 Phil. 778 Issue: The writ of Habeas Corpus was filed by the petitioner, with the prayer that the respondent produce around 170 women whom Justo Lukban et, al deported to Davao. Liberty of abode was also raised versus the power of the executive of the Municipality in deporting the women without their knowledge in his capacity as

Mayor. Facts: Justo Lukban as Manila City's Mayor together with Anton Hohmann, the city's Chief of Police, took custody of about 170 women at the night of October 25 beyond the latters consent and knowledge and thereafter were shipped to Mindanao specifically in Davao where they were signed as laborers. Said women are inmates of the houses of prostitution situated in Gardenia Street, in the district of Sampaloc.

Held: The court concluded the case by granting the parties aggrieved the sum of 400 pesos each, plus 100 pesos for nominal damage due to contempt of court. Reasoning further that if the chief executive of any municipality in the Philippines could forcibly and illegally take a private citizen and place him beyond the boundaries of the municipality, and then, when called upon to defend his official action, could calmly fold his hands and claim that the person was under no restraint and that he, the official, had no jurisdiction over this other municipality. We believe the true principle should be that, if the respondent is within the jurisdiction of the court and has it in his power to obey the order of the court and thus to undo the wrong that he has inflicted, he should be compelled to do so. Even if the party to whom the writ is addressed has illegally parted with the custody of a person before the application for the writ is no reason why the writ should not issue. If the mayor and the chief of police, acting under no authority of law, could deport these women from the city of Manila to Davao, the same officials must necessarily have the same means to return them from Davao to Manila. The respondents, within the reach of process, may not be permitted to restrain a fellow citizen of her liberty by forcing her to change her domicile and to avow the act with impunity in the courts, while the person who has lost her birthright of liberty has no effective recourse. The great writ of liberty may not thus be easily evaded.

That when the petitioner filed for habeas corpus, the respondent moved to dismiss the case saying that those women were already out of their jurisdiction and that , it should be filed in the city of Davao instead.

The court ruled in favor of the petitioner with the instructions;

For the respondents to have fulfilled the court's order, three optional courses were open: (1) They could have produced the bodies of the persons according to the command of the writ; or (2) they could have shown by affidavit that on account of sickness or infirmity those persons could not safely be brought before the court; or (3) they could have presented affidavits to show that the parties in question or their attorney waived the right to be present.