Liberty of Abode and Travel
Section 6. 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, as may be provided by law.
This constitutional liberty of abode and travel mean no more than the right of a person to choose his own domicile, that is, the place were he likes to reside and, at the same time, to transfer the same wherever he wants to. This right under the provision, is safeguarded against any interference even by the State or otherwise. However, this right is not absolute since the constitutional constraint is subject to the following exceptions:
1. When there is lawful order of the court; and
2. In the interest of national security, public safety, or public health as may be provided by law, both of which are permitted in the exercise of the police power of the State.
Within the purview of the exercise of the police power, the state, through the lawmaking body, may enact legislative acts necessary for the promotion of peace and order, safety, health, morals, life and property; in other words, the general welfare of the community.
Thus a law enacted requiring all sick persons of contagious diseases be confined at a hospital which is within the bounds of the exercise of police power constitutes a legitimate governmental interference of the individual's right of abode and travel. So is a law prescribing curfew hours in certain areas during times of emergency so with a law that may legalize prostitution in restricted areas; so also is a law requiring the commitment of insane persons in mental institution.
The limitation contemplated under the second sentence of Section 6 does not require any court order; it is sufficient that the interference of the individual's right of abode and travel is within the legitimate bounds of the exercise of police power.
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