FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
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, 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
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~iiG -2 1\ 9 :24 
SENATE 
S. No.' 
2202 
m,Cf:n/l"'" ~v:_~ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The right to travel is a constitutionally protected right. It is a fundamental right which 
occupies a preferred position in the hierarchy of values enshrined in the Constitution. 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 lias 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 
oflaw. 
The courts their "authority" to regulate the right to travel on certain decisions of the 
Supreme Court, most notably Manotoe vs Court 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. Hence, this bill seeks to provided the law under which the right to travel may 
validly regulated. Its basic premise is that if a citizen's liberty to travel should be regulated. Its 
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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 Cong;.ess.· 
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• 'This bill was originally filed during the Thirteenth Congress, First Regular Session, 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
-=2 f\Y 
SENAUl 
S. No. 
GG02 
,j" -
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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SAFEGUARDING THE PEOPLE'S THE RIGHT TO TRAVEL BY PROVIDING 
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GUIDELINES UNDER WHICH SUCH RIGHT MAY BE REGULATED 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. -This Act shall be known as the "Right to Travel Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared a national policYJhat theJight 
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to travel within the country and abroad shall not be denied a person without due process oflaw. 
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SECTION 3. Right to Travel as Fundamental Right. - The right to travel is a fundamental 
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right which occupies a preferred position in the hierarchy of values. Any abridgement of the 
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liberty to travel should therefore be strictly constmed and always with full observance of due 
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process of law. In case of equivalence of proof, courts should resolve in favor of the right to 
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travel and the burden of proof rests on the person seeking to inhibit the exercise of the right. 
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SECTION 4. Exceptions. - The right to travel can only be restricted upon a clear showing 
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of reasonable and compelling reasons that the proposed travel is plainly harmful conduct to 
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national security, public safety, and public health. 
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SECTION 5. Period to Resolve Motion. - Courts shall resolve the Motion for the issuance 
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of a "hold departure" order or seeking permission to travel within a reasonable period so as not 
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to unduly prejudice or delay the purpose for which the travel is intended. 
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SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with, the provisions of this Act is hereblf repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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