THE Senate on Wednesday, August 30, 2023, adopted two resolutions seeking to suspend new guidelines for internationally-bound Filipino passengers by the Inter-Agency Council Against Trafficking (Iacat) and filing a temporary restraining order (TRO) against the policy before the Supreme Court (SC).
The new guidelines set by Iacat, which will take effect on September 3, require Filipino passengers traveling abroad to present documents that support or prove the purpose of their travel, whether for tourism or work, among other reasons. This is in addition to the basic travel documents, such as a valid passport, boarding pass, appropriate visa and confirmed return or roundtrip ticket.
For tourists, necessary documents include proof of financial capacity or source of income.
The Iacat said that the revised protocols are part of the government’s efforts to protect Filipinos from human trafficking.
In a privilege speech, Senate President Juan Miguel Zubiri sought the support of his colleagues for the adoption of a resolution that aims to suspend the implementation of the policy, as he emphasized Filipinos' right to travel.
He cited Article 3, Section 6 of the Constitution, which mandates, “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.”
“The Constitution is not recommendatory, Mr. President, it is mandatory. As may be provided by law, that is correct, to add to that. But I don't recall in our 25 years as a legislator that we passed a law asking the people to submit their graduation certificate and their yearbook at the airport,” said Zubiri.
“It is the right of every Filipino to travel. And truth be told, we want more Filipinos to travel, domestically and internationally. Parang North Korea lamang po, Mr. President, and hindi pumapayag sa kanilang mga kababayan na mag-travel,” he added.
It was earlier reported that a tourist missed her flight due to a lengthy interview and procedure with the Bureau of Immigration. The passenger reported that she was asked to present a college graduation certificate and yearbook, which she failed to do. Consequently, she had to rebook her flight to proceed with her travel.
Instead of implementing such rules that discourage Filipinos from traveling, the Senate President said the country should strengthen its efforts against illegal recruiters where the “chain of exploitation starts.”
“Hindi po tatayo sa immigration counters at lilipad sa ibang bansa ang mga trafficked persons kung hindi po inaya to ng mga illegal recruiters. 'Yan ang dapat hulihin, ang mga sindikatong iyan,” he said.
(Trafficked persons won't stand at immigration counters and fly to other countries unless they are lured by illegal recruiters. Those are the ones that should be apprehended, those syndicates.)
“Bago pa umabot sa airport ang mga kababayan natin dala ang pekeng mga dokumento galing sa kanilang illegal recruiters, nakuhanan na sila ng napakaraming pera ng mga recruiters na ito. 'Yan ang dapat targetin ng ating Bureau of Immigration and the Department of Labor and Employment. They don't become victims once they arrive abroad. They become victims as soon as these recruiters prey on them right here on our shores,” he added.
(Even before our fellow countrymen reach the airport with fake documents from their illegal recruiters, these recruiters have already taken a significant amount of money from them. That's what the Bureau of Immigration and the Department of Labor and Employment should target. They don't become victims only upon arriving abroad. They become victims as soon as these recruiters prey on them right here on our shores.)
‘Senate inquiry’
All the other senators supported Zubiri’s manifestation.
Majority Leader Joel Villanueva earlier filed a resolution seeking the conduct of a Senate inquiry on the Iacat’s policy.
Senate Minority Leader Aquilino Pimentel III also urged Zubiri to immediately talk to the Iacat and ask them to suspend the implementation of its policy pending the conduct of a Senate investigation.
Instead of asking the Iacat for the suspension of the implementation of guidelines, Zubiri led the adoption of a resolution seeking the filing of a TRO against the measure before the SC.
“I’d like to seek the support of the minority and all the members of the majority, if the time comes when—you know there are a lot of agencies [and] sometimes we shout to the highest heavens, hindi nakikinig. If the time will come that we need to file sa Supreme Court a TRO, maybe I can enjoin the members to join me in filing a TRO to that effect so that the Supreme Court can finally declare if it's constitutional or not,” said Zubiri.
“Because I truly feel—I’m not a lawyer, but deep in my heart it is unconstitutional and all the lawyers here. But for the meantime, with the permission of the majority leader we can approve an unnumbered resolution today that will give the sense of the Senate appealing to the head of the Iacat, which is under the DOJ (Department of Justice) to suspend their implementation on September 3 until further study particularly by the Senate, particularly by the committee on justice,” he added.
Zubiri’s speech was referred to the Senate committee on justice and human rights chaired by Senator Francis Tolentino.
Pimentel said he is hoping that the committee on justice will come up with a better idea to help combat human trafficking in the country. (SunStar Philippines)