Purpose: to
further emphasize the individual’s liberty as safeguarded in general terms by
the due process clause
Includes:
·
The right to choose one’s residence
·
To leave it whenever he pleases
·
To travel where he wills
LIMITATIONS:
·
The liberty of abode can be limited upon lawful
order of the court
·
The right to travel by the requirements of
national security, public safety or public health as may be provided by law
Examples:
Ø
A person facing criminal charges may be
restrained by the court from leaving the country or, if abroad, compelled to
return
Ø
A lessee may be judicially ejected for violation
of his contractual duties
Ø
A judge may prevent a person from entering
certain premises under dispute or declared off-limits by proper authorities
Ø
Health officers may restrict access to
contaminated areas and also quarantine those already exposed to the disease
sought to be contained
Ø
When there is threat of volcanic eruption,
residents in the affected area may be forced to evacuate and prevented from
returning until the danger is over
·
Provisions of law limiting the enjoyment of
liberty should be strictly construed against the government and in favor of the
individual
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