Title
Controls on Foreign Travel During National Emergency
Law
Letter Of Instruction No. 26
Decision Date
Oct 14, 1972
Letter of Instructions No. 26 requires citizens and foreign nationals to obtain clearance from the Department of National Defense to leave the country, aiming to prevent the escape of individuals involved in a criminal conspiracy to seize political power through force and violence.
A

Scope of Travel Controls

  • Mandatory prior clearance from the Department of National Defense is required for all Filipino citizens and foreign nationals wishing to travel abroad.
  • This requirement applies broadly with certain clearly defined exceptions.

Categories Exempted from Prior Clearance

  • Members of the diplomatic corps and their foreign staff.
  • Foreign tourists in the Philippines.
  • Permanent residents of foreign countries returning to their residence.
  • Immigrants and their direct dependents.
  • Government officials/employees traveling abroad on official duty authorized by the Office of the President.
  • Philippine Government scholars under foreign government grants.
  • Scholars under international bodies such as UN, SEATO, ASEAN, ASPAC, Colombo Plan, and similar bodies, approved by the Special Committee on Scholarships.
  • Individuals attending international conferences under government agreements.
  • Employees of international organizations recognized by the government.
  • Bona fide crew and officers of international air carriers and maritime vessels authorized for foreign travel.
  • Filipino citizens in active military service with the US Armed Forces and their dependents.
  • Foreigners recognized as treaty traders under international conventions or practices.

Conditions for Exempted Cases

  • Even exempted travellers must comply with standard requisites such as clearance from the National Bureau of Investigation, Bureau of Internal Revenue, passports, and other related documents.
  • The exemption aims to minimize inconvenience while ensuring travel is limited to essential cases or those that impose minimal government expense.

Duration and Effectivity

  • The instruction remains in effect throughout the declared national emergency.
  • It may be revoked or amended only by the President or a duly designated representative.

Legal and Administrative Implications

  • Provides a legal mechanism to control overseas travel in times of national emergency.
  • Balances national security concerns with recognition of international diplomatic, official, scholarly, and commercial obligations.
  • Ensures proper government verification and control without unduly hindering exempt persons' travel.

Summary

This Letter of Instruction establishes stringent travel control measures overseen by the Department of National Defense during a declared national emergency, to prevent individuals engaged in hostile conspiracies from fleeing the country while allowing necessary exemptions with proper compliance requirements.


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