Practice question
A citizen plans to leave for an overseas conference. An agency blocks departure because a complaint is being investigated. It cites only its general mandate to investigate and a circular it wrote for itself. Assume there is no court restraint, applicable statutory authorization, or other independent legal basis. The agency says criminal investigation necessarily includes power to prevent departure. Under Genuino, which response is best?
- The general mandate alone does not supply the missing authority to restrain the constitutional right.
- Every complaint automatically authorizes a travel ban.
- The agency may create its own legislative delegation.
- The citizen's passport automatically ends the investigation.
- The Constitution forbids every legally authorized restriction under all circumstances.
Legal references
- 1987 Constitution, Article III, section 6, https://lawphil.net/consti/cons1987.html
- Genuino v. De Lima, G.R. No. 197930 et al., April 17, 2018, https://lawphil.net/judjuris/juri2018/apr2018/gr_197930_2018.html
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