2010 Political Law, Q9

The League of Filipino Political Scientists (LFPS) organized an international conference on the human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and national security implications of having Prof. Kui address the conference. The President thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into Philippine territory. The chancellor of CLSU argued that the instruction violates the Constitution. Decide with reasons. (4%)

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What is the fundamental basis of the State's power to exclude aliens from its territory?

Under Philippine constitutional law, who is recognized as the Chief Architect of foreign policy with broad authority over immigration?

How does institutional academic freedom compare with the State's sovereign power to exclude aliens on national security grounds?

Under settled jurisprudence, what is the legal nature of an alien's entry into Philippine territory?

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When the Secretary of Foreign Affairs advises of security risks regarding a foreign visitor, what executive power may the President exercise?

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1. Exclusion of Aliens
Every sovereign State possesses the inherent power to exclude aliens from its territory upon grounds deemed proper for self-preservation, public safety, and national security. Under Philippine jurisprudence, including Lao Tan Bun v. Fabre and Harvey v. Santiago, an alien's entry into the country is a privilege, not a constitutional right. Consequently, the government may deny admission to any foreign national whose presence is deemed detrimental to national interests or international relations.

2. Chief Architect Power
Under the Constitution, the President serves as the Chief Architect of foreign policy and commander-in-chief, holding expansive authority over immigration and international affairs. When the Secretary of Foreign Affairs advises the President of regional and national security implications concerning a foreign speaker, the President possesses executive discretion to order immigration authorities to deny entry. Courts generally accord great deference to the Executive's diplomatic and security determinations regarding foreign nationals.

3. Academic Freedom Limits
While institutional academic freedom under Article XIV, Section 5(2) of the Constitution guarantees educational institutions autonomy to choose who may teach and speak, this freedom is not absolute. Academic freedom remains subject to the legitimate exercise of police power and sovereign national security prerogatives. An institution's privilege to invite an exiled foreign speaker cannot supersede the State's sovereign authority to exclude foreign aliens on national security grounds.

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