G.R. Nos. 205904-06. October 17, 2018. GWENDOLYN F. GARCIA, petitioner, vs. HONORABLE SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents. Full Text: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/64755 Ponente: A. REYES, JR., J.: Doctrines: It bears emphasizing that in Genuino v. De Lima, 861 SCRA 325 (2018), the Court already declared as unconstitutional DOJ Circular No. 41 on the ground that it has no legal basis and held, thus: x x x To begin with, there is no law particularly providing for the authority of the secretary of justice to curtail the exercise of the right to travel, in the interest of national security, public safety or public health. As it is, the only ground of the former DOJ Secretary in restraining the petitioners, at that time, was the pendency of the preliminary investigation of the Joint DOJ-COMELEC Preliminary Investigation Committee on the complaint for electoral sabotage against them. To be clear, DOJ Circular No. 41 is not ...
Case Digests and Doctrines Simplified