Salonga V Hermoso G.R. No. L-53622. April 25, 1980

[G.R. No. L-53622. April 25, 1980.
JOVITO R. SALONGA, Petitioner, v. CAPTAIN ROLANDO HERMOSO, TRAVEL PROCESSING CENTER,

and GENERAL FABIAN VER, Respondents.
DECISION
FERNANDO, C.J.:
This is not the first time petitioner Jovito R. Salonga came to this Tribunal by way of a mandamus
proceeding to compel the issuance to him of a certificate of eligibility to travel. In the first case, Salonga v.
Madella, 1 the case became moot and academic as the Office of the Solicitor General, in its answer to the
petition, stated that the travel eligibility certificate was not denied and, as a matter of fact, had been
granted. Nonetheless, a brief separate opinion was filed, concurring in the resolution, and worded thus:
"Clearly this petition had assumed a moot and academic character. Its dismissal is thus indicated. May I just
add these few words as my response to the plea of petitioner in his Manifestation and Reply dated October
28, 1978. This is how I would view the matter not only where petitioner is concerned but in all other similar
cases. Respondent Travel Processing Center should discharge its function conformably to the mandate of the
Universal Declaration of Human Rights on the right to travel. One of the highlights of the keynote address of
President Marcos in the Manila World Law Conference in celebration of the World Peace Through Law Day on
August 21, 1977 was the lifting of ‘the ban on international travel.’ There should be fidelity to such a
pronouncement. It is the experience of the undersigned in his lectures abroad the last few years, in the
United States as well as in Malaysia, Singapore and Australia, that respect accorded constitutional rights
under the present emergency regime had elicited the commendation of members of the bench, the bar, and
the academe in foreign lands. It is likewise worthy of notice that in his keynote address to the International
Law Association, President Marcos made reference to martial law being instituted in accordance with law and
that the Constitution had been applied in appropriate cases. As an agency of the executive branch,
therefore, the Travel Processing Center should ever be on its guard, lest the impression be created that such
declarations amount, to paraphrase Justice Jackson, to no more than munificent bequests in a pauper’s will.
Petitioner, to my mind, is justified, the more so in the light of the Answer of Acting Solicitor General Vicente
Mendoza, to an affirmative response to his prayer in his Manifestation and Reply ‘that under the
circumstances mentioned in the Petition, Petitioner is entitled to travel abroad, and that it is in recognition of
this right that Respondents have issued his Certificate of Eligibility to Travel, as mentioned in the Answer.’"
2
The present petition is likewise impressed with a moot and academic aspect. In the motion to dismiss of the
Solicitor General dated April 21, 1980, it was stated that the certificate of eligibility to travel had been
granted petitioner. A xeroxed copy was enclosed. A resolution for dismissal is, therefore, in order. chanrobles virtual lawlibrary
From the docket of this Court, it appears that other petitions of this character had been filed in the past,
namely, Santos v. The Special Committee on Travel Abroad, 3 Pimentel v. Travel Processing Center, 4 and
Gonzales v. Special Committee on Travel. 5 In the aforesaid cases, as in this and the earlier Salonga
petition, there was no occasion to pass on the merits of the controversy as the certificates of eligibility to
travel were granted. The necessity for any ruling was thus obviated. Nonetheless, in view of the likelihood
that in the future this Court may be faced again with a situation like the present which takes up its time and
energy needlessly, it is desirable that respondent Travel Processing Center should exercise the utmost care
to avoid the impression that certain citizens desirous of exercising their constitutional right to travel could be
subjected to inconvenience or annoyance. In the address of President and Prime Minister Ferdinand E.
Marcos before the American Newspaper Publishers Association last Tuesday April 22, 1980, he emphasized
anew the respect accorded constitutional rights. The freedom to travel is certainly one of the most
cherished. He cited with approval the ringing affirmation of Willoughby, who, as he noted was "partial to the
claims of liberty." 6 Burdick 7 and Willis, 8 both of whom were equally convinced that there be no erosion to
human rights even in times of martial law, likewise received from President Marcos the accolade of his
approval. It would appear, therefore, that in case of doubt of the Officer-in-Charge of the Travel Processing
Center, the view of General Fabian Ver should immediately be sought. It goes without saying that the
petition for such certificate of eligibility to travel be filed at the earliest opportunity to facilitate the granting
thereof and preclude any disclaimer as to the person desiring to travel being in any way responsible for any
delay.
WHEREFORE, the petition is dismissed for being moot and academic.

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[G.R. No. L-53622. April 25, 1980.

JOVITO R. SALONGA, Petitioner, v. CAPTAIN ROLANDO HERMOSO, TRAVEL PROCESSING CENTER,

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