Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 25180

Introduced by REPRESENTATIVE PROSPERO A. PICHAY, JR.

EXPLANATORY NOTE

The right to travel is a constitutionally-protected right of which a citizen cannot be
deprived without due process of law. This guaranteed freedom allows a citizen to move
from one part of the country to another and to travel abroad whenever he wills.
However, the constitutional guarantee of the right to travel has never been considered
as absolute.

Section 6, Article III of the Constitution explicitly states that 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.

Clearly, there are only three (3) considerations that may permit a restriction on the
right to travel: national security, public safety or public health. As an additional
requirement, there must be a law providing for the impairment. (Genuino v. De Lima)
However, as of the moment, there is still no law enacted by Congress providing for the
limitation. Hence, a Hold Departure Order which prevents Filipinos and/or aliens from
exiting the Philippine territory, in itself, is a violation of one’s right to travel.

This proposed measure aims to provide an enabling law that will identify permissible
intrusions in the right to travel.

In view of the foregoing, approval of this measure is earnestly sought.

if
REP. yy A. PICHAY, JR.
Sf

y/


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

5130
HOUSE BILL NO.

Introduced by REPRESENTATIVE PROSPERO A. PICHAY, JR.

The Right to Travel Act of 2019

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “The Right to
Travel Act of 2019.”

SECTION 2. Declaration of Policy. - It is declared the policy of the State
that the right to travel cannot be denied without due process of law. As guaranteed
by no less than the Constitution, the right to travel cannot be impaired except in
the interest of national security, public safety, or public health, as may be provided
by law.

To this end, the Congress, finds compelling reasons that an enabling law to
Section 6, Article Ill of the Constitution be enacted to end the indiscriminate
issuance of Hold Departure Orders.

SECTION 3. Issuance of Hold Departure Order. ~ No Hold Departure
Order shall be issued unless a proper notice and hearing is conducted by the court
in which the action is pending. The Court shall only issue a Hold Departure Order
upon showing that a compelling ground exists.

SECTION 4. Grounds for the issuance of Hold Departure Order. — A
Hold Departure Order shall only be issued based on the following grounds:

a. That a person is facing a criminal charge involving crimes affecting the


national security such as treason, conspiracy and proposal to commit
treason, misprision of treason, espionage, inciting to war or giving motives
for reprisals, violation of neutrality, correspondence with hostile country,
flight to enemy country, piracy in general, qualified piracy and mutiny in the
high seas;

b. That a person is a threat to public safety as determined by the Department
of National Defense (DND) and Department of Interior and Local
Government (DILG);

c. That a person is suffering from a disease that may affect the public health
such as Influenza A (H1N1), Bird Flu (Avian Influenza), Ebola, Hand, Foot,
and Mouth Disease, Meningococcemia, Severe Acute Respiratory
Syndrome (SARS) and other contagious diseases as determined by the
Department of Health (DOH).

SECTION 5. Applicability. — All individuals whose Right to Travel are
impaired without sufficient ground shall be restored to the full enjoyment of such
right.

SECTION 6. Implementing Rules and Regulations. - The Department of
Justice, in coordination with the Bureau of Immigration, shall issue the necessary
rules and regulations within sixty (60) days from the effectivity of this Act.

SECTION 7. Separability Clause. — \f any portion or provision of this Act is
held unconstitutional or invalid, the other sections or provisions not otherwise
affected shall remain in full force and effect.

SECTION 8. Repealing Clause. — All laws, decrees, executive orders, rules
and regulations or other issuances or parts thereof inconsistent with the provisions
of this Act are hereby repealed or amended accordingly.

SECTION 9. Effectivity. - This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette, or in a
newspaper of general circulation in the Philippines.

Approved.