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THIRTEENTH CONGRESS OF THE RESPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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The courts rest their “authority” to regulate the right to travel on certain 
of the Supreme Court, most notably Munotoc vs. Court ofAppeuZs (142 SCRA 
Introduced by Senator Miriam Defensor Santiago 
decisions 
149). 
EXPLANATORY NOTE 
The right to travel is a constitutionally protected right. It i s  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 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. 


JUDICIAL OR EXDXJTIVE BRANCH OF GOVERNMENT. Absent such law, any act 
purporting to curtail or restrict the right to travel is unconstitutional. 
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 reg 
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. 
ated, it 
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THIRTEENTH CONGRESS OF THE RESPUBLIC) 
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OF THE PHILIPPINES 
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First Regular Session 
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Be it enacted by the Senate and the House of Representatives in Congress 
Assembled: 
SECTION 1. Title. - This Act shall be known as the “Right to Travel Act.” 
Introduced by Senator Miriam Defensor Santiago 
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SECTION 2. Statement 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. 
SECTION 3. Right to Travel as Fundamental Right. - The right to travel is a 
fundamental right which occupies a preferred position in the hierarchy of 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.zxceptions. --The right to travel can only be restricted upon a clear 
showing of reasonable and comkelling 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 reas nable 
period so as not to unduly prejudice or delay the purpose for which the travel is inte ded. I 


SECTION 6. - Separability Clause. - If any provision or part hereof is held invalid 
or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
remain valid and subsisting. SECTION 6. Repealing Clause. - All laws, rules and 
regulations inconsistent with this Act are hereby repealed or modified accordingly. 
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SECTION 7. -Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to, 
or inconsistent with, the provision of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 8. Eflectivity. - This Act shall take effect fifteen (15) days fr 
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date of its publication in at least two (2) newspapers of general circulation. 
Approved. 
FN: 281