Practice question
Two people face departure restraints. The first is under a lawful judicial condition tied to bail in a pending case. The second is merely investigated and is restrained only through the invalidated DOJ Circular No. 41, with no independent lawful basis. An official calls the restraints automatically identical because both stop travel. Which answer is best?
- The same practical effect proves the same legal authority.
- Neither source needs constitutional analysis.
- The sources and circumstances differ: the recognized judicial bail authority cannot be equated automatically with the circular power rejected in Genuino.
- Both restraints must last forever.
- Both become valid if printed on the same form.
Legal references
- Manotoc, Jr. v. Court of Appeals, G.R. No. L-62100, May 30, 1986, main decision, bail and judicial travel restrictions: https://lawphil.net/judjuris/juri1986/may1986/gr_l-62100_1986.html
- Genuino v. De Lima, G.R. No. 197930 et al., April 17, 2018, main decision: https://lawphil.net/judjuris/juri2018/apr2018/gr_197930_2018.html
- 1987 Constitution, Article III, Section 6: https://lawphil.net/consti/cons1987.html
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