FIFTEENTH CONGRESS OF THE' 
REPUBLIC OF THE PHILIPPINES· 
First Regular Session 
SENATE 
Senate Bill No. 1279 
INTRODUC~D BY HON. MANNY VILLAR 
EXPLANATORY NOTE 
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The right to travel is a Constitutionally protected right. It is a fundamental right 
which occupies a preferred position in the hierarchy of values. The right to travel is part 
of the liberty of which a citizen cannot be deprived without due process of law and only 
on clear and compelling grounds of national security, public health and public safety as 
mandated by the Constitution. 
In the Philippines today, however, the right to travel has become illusory. Despite 
the constitutional safeguard, the right to travel has been repeatedly abridged, impaired 
and violated by courts despite ab~ence of proof that the proposed travel is inimical to 
national security, public health and public safety. The impairment of the exercise of the 
right is made easy through the simple expedient of issuing a "hold departure" order 
which the courts currently issue even without notice and hearing, amounting to a blatant 
violation of due process of law. 
The courts rest their "authority" to regulate the right to travel on certain decisions 
of the Supreme Court, most notably Manotoc v. Court of Appeals (142 SCRA 149). 
Such reliance on jurisprudence is, however, misplaced. Worse, it is a mockery of a 
clearly-worded yet frequently ignored constitutional mandate that the right to travel may 
only be impaired pursuant to a law and that means a law passed by Congress, not a 
law promulgated by the Judicial or' Executive Branch of the government.. Absent such 
law, any act purporting to curtail or restrict the right to travel is unconstitutional. 
This bill seeks to provide the law under which the right to travel may be validly 
regUlated. Its basic premise is that if a citizen's liberty to travel should be regulated, it 
must be pursuant to a law or the law-making functions of Congress. 
In view of the foregoing, the early passage of this bill is earnestly sought. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1279 
INTRODUCED BY HON. MANNY VILLAR 
THE RIGHT TO TRAVEL ACT 
Be it enacted by the Senate. and House of Representatives of the Philippines in 
Congress assembled: 
Section 1. Title. This Act shall be known as the "Right to Travel Act." 
Section 2. Statement of Poli?y. It is hereby declared a national policy that the 
right to travel within the country ana abroad shall not be denied a person without due 
process of law. 
Section 3. Right to Travel as Fundamental Right. 
The right to travel is a 
fundamental right which occupies a preferred position in the hierarchy or values. Any 
abridgement of the liberty to travel should therefore be strictly construed and always 
with full observance of due process of law. 
In case of equivalence of proof, courts 
should resolve in favor of the right to travel and the burden of proof rests on the person 
seeking to inhibit the exercise of the right. 
Section 4. Exceptions. The right to travel can only be restricted upon a clear 
showing of reasonable and compelling reasons that the proposed travel is plainly 
harmful conduct to national security, public safety and public health. 
Section 5. Period to Resolve Motion. Courts shall resolve the Motion for the 
issuance of a "hold departure" order or seeking permission to travel within a reasonable 
period so as not to unduly prejudice or delay the purpose for which the travel is 
intended. 
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Section 6. Repealing Clause. All laws, rules and regulations inconsistent with 
this Act are hereby repealed or modified accordingly. 
Section 7. Effectivity. This A~t shall take effect fifteen (15) days from the date of 
its publication in at least two (2) newspapers of general circulation. 
Approved. 
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