4 
THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
Introduced by SENATOR LUISA "LOI" P. EJERCITO ESTRADA 
EXPLANATORY NOTE 
The right to travel is a constitutionally protected right. It is a fLmdamenta1 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 absence 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 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. 
LUISA "LOI" 4 EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
First Regular Session 
Introduced by SENATOR LUISA "LOI" P. EJERCITQ ESTRADA 
THE RIGHT TO TRAVEL ACT 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress nssem bled: 
Section 1. Title. - This Act shall be known as the "Right to Travel Act" 
Sec. 2. Statemerzt ofPoZicy.,- It is hereby declared a national policy that the right 
to travel within the country and abroad shall not be denied a person without due process 
of law. 
Sec. 3. Right to Travel as Fiiizdatizental Right . - The right to travel is a 
fhdamental right, which occupies a preferred position in the hierarchy of values. Any 
abridgement of the liberty to travel should therefore by strictly construed and always with 
fbll 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. 
Sec. 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. 
Sec. 5. Hearing ofthe Motioiz. - No motion for the issuance of a hold departure 
order shall be granted by the court unless, there is proper showing that the person against 
whom the order is sought, is duly notified of the date and time of the hearing of the 
motion to enable him to present any controverting evidence. 


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. 
Sec. 6. Repealing Clause. - All laws, rules and regulations inconsistent with this 
Act are hereby repealed or modified accordingly. 
Sec. 7. Effectivity Clazise. - This Act shall take effect fifteen (1 5 )  days from the 
date of its publication in at least two (2) newspapers of general circulation. 
Approved,