Ban frontliner migration during Covid emergency

I was asked to give a legal opinion to a query in the Office of the President’s Commission on Filipinos Overseas regarding emigrant Filipino health frontliners set to migrate/leave to other countries during this period of national emergency. Section 4, Article II of the 1987 Constitution states: “The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military, or civil service.” Section 5, Article III of the 1987 Constitution states: “The maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.” On the other hand, the Constitution guarantees certain rights of our people as enshrined in the Bill of Rights. Section 1, Article III of the 1987 Constitution guarantees that “no person shall be deprived of life, liberty and property without due process of law.” Section 6 Article III of the 1987 Constitution guarantees that “the liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. 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.” Because of the global pandemic brought about by the COVID 19, the government has acted in order to preserve the lives of all Filipinos. Section 23 Article VI of the 1987 Constitution provides that in times of national emergency “the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy, unless sooner withdrawn by resolution of the Congress, such powers shall ceased upon the next adjournment thereof.” , Congress has enacted Republic No. 11469, otherwise known as the Bayanihan to Heal As One Act, which declared a natianl emergency and directed the Prsidnet for a limited period to act. Whereas, Section 4(m) of Republic Act 11469, otherwise cited as Bayanihan to Heal As One Act was passed on 24 March 2020, provides, emergency powers for the President to, “engage temporary Human Resource for Health (HRH) such as medical and allied medical staff to complement or supplement the current health workforce or to man the temporary medical facilities to be established in accordance with Section 4 (k) of this Act. Pursuant to the Bayanihan law, the President has issued Proclamation 922 Series of 2020, declaring a state of public health emergency throughout the Philippines, Section 2, of Proclamation 922 series of 2020 provides, “All government agencies and LGUs are hereby enjoined to render full assistance and cooperation and mobilize the necessary resources to undertake critical, urgent, and appropriate response and measures in a timely manner to curtail and eliminate the COVID-19 threat” The Commission Filipinos Overseas (CFO) is an agency under the office of the President, existing pursuant to Batas Pambansa No. 79. Batas Pambansa No. 79 enumerates the powers and functions of the Commission Filipinos Overseas which among others include, to “Perform such other related functions as may be directed by the President or assigned by law.” There are Filipino health professionals such as doctors and nurses who have been contracted by foreign employers, such as among others employers in the United States and other countries, to work in health and medical institutions there, granting such Filipinos immigrant visas. The Commission on Filipinos Overseas, pursuant to registration regulations entitled “Guidelines for the registration of Filipino emigrants and departing spouses and other partners of foreign nationals” dated February 8, 2007 registers these Filipinos as a requirement for migrant Filipinos who intend to leave the Philippines and reside and work overseas. In view of the foregoing, this following comments or opinion is rendered. The Commission on Filipinos Overseas is a government agency attached to the Office of President. It is the legal mandate of the Commission on Filipinos Overseas under Batas Pambansa No. 79 to perform functions as may be directed by the President or assigned by law. These are abnormal times. In fact, there has been a formal declaration of a national emergency by Congress in accordance with the 1987 constitution, and subsequently proclaimed the by the President. The current declared national policy grants express emergency powers for the President to, “engage temporary Human Resource for Health (HRH) such as medical and allied medical staff to complement or supplement the current health workforce or to man the temporary medical facilities”. In fact the President has issued a proclamation directed to all government agencies, and these include the Commission on Filipinos Overseas to render full assistance and cooperation and mobilize the necessary resources to undertake critical, urgent, and appropriate response and measures in a timely manner to curtail and eliminate the COVID-19. During abnormal times, or in this time of national emergency, with more reason should government agencies, more particularly the Commission on Filipinos Overseas, render functions consistent with the orders and directives of the President. Thus, there is a current legal mandate upon the Commission on Filipinos Overseas as a government agency to fully assist and cooperate in mobilizing necessary resources and undertaking critical and appropriate response and measures against COVID-19. This means that all actions undertaken by the Commission on Filipinos Overseas, particularly on emigrant Filipinos connected with the medical profession, like doctors and nurses among others, intending to leave abroad , must be fully in consonance and consistent with the current declared national policy. It must be emphasized that under the Constitution the government can call upon its citizens to render personal, military and civil service. This would include our Filipino medical professionals like doctors and nurses in these times of national emergency. We are aware that Constitutional rights are not suspended even in times of national emergency. The right to life liberty and property, the right to pursue a profession, the right to travel, to leave the country, and the non-impairment of contract clause, are constitutionally guaranteed. Indeed, there are competing interests between the state and individuals pursuing their civil liberties. Yet again, the State has acted upon a constitutional mandate during a national emergency. It is imperative that the Commission on Filipinos Overseas must act in full “assistance and cooperation” with the declared national policy, and directives of the President in a period of national emergency. Thus any act, which otherwise is regularly performed by the Commission under normal times and circumstances, that strays from the declared national policy, should be suspended. It is submitted here that any such suspension does not constitute a grave abuse of discretion on the part of the Commission on Filipinos Overseas. On the contrary, such suspension would be consistent with the Constitution and the laws and the directives of the President. It is submitted that the liberty to travel is lawfully and constitutionally impaired by the enactment of the law declaring a national emergency. In the case of Marcos versus Manglapus [177 SCRA 668 (1989)] the Supreme Court said: “The President has the obligation under the Constitution to protect the people, promote their welfare and advance the national interest. It must be borne in mind that the Constitution, aside from being an allocation of power is also a special contract whereby the people have surrendered their sovereign powers to the State for the common good. In this current situation, there is a law, the Bayanihan To Heal As One Act, that declares a national emergency and authorizes the President to act in response to such national emergency. Thus, with more legal reason is there for the impairment of the right to travel at this time, specifically to those vital “human resources” (frontliners) which are needed in this time of national emergency. There are times when the bill of rights may be subordinated by the mandate of the state under the Constitution to advance the greater national interest. In any event, the same Constitution also mandates that the powers of the President under a state of national emergency is only for a limited period, and not permanent. Hence, these directives are effective during the ‘limited period.” When conditions would later prevail such that there is no more need to address an emergency situation in our country, then the individual’s valued rights under the constitution can be invoked without being infringed. It is noted that the suspension of registration would only be limited to those covered by the Bayanihan Act and the directive of the President, namely human resources i.e. medical professionals who are most needed here during the emergency.