b 
B .  
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THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S.No. 
sl 
:*.; 
. ..; 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
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. 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, ainounting 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 riglit to travel may only be impaired pursuant to a law and 
that means a law passed by Congress, not a 1aw.proinulgated 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-malting fLinctions of Congress. 
111 view of the foregoing, the early passage of this bill is earnestly sought. 
A 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
S. No. 
791 
INTRODUCED BY HON. MANUEL B. VILLAR, JR. 
THE RIGHT TO TRAVEL ACT 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
asseinbleci: 
Section 1. Title. This Act shall be known as the “Right to Travel Act.” 
Section 2. Statement of Policy. 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 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 issiiance 
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. 
Section 6. Repealing Clause. All laws, rules and regulations inconsistent with this Act 
are hereby repealed or modified accordingly. 
Section 7. Effectivity. This Act shall take effect fifteen (15) days from the date of its 
publication in at least two (2) newspapers of general circulation. 


Approved.