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SILVERIO VS. COURT OF APPEALS [195 SCRA 760 ; G.R.

94284; 8 APR 1991]


Friday, February 06, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts:

Petitioner was charged with violation of Section 2 (4) of the revised

securities act. Respondent filed to cancel the passport of the petitioner and to
issue a hold departure order. The RTC ordered the DFA to cancel petitioners
passport, based on the finding that the petitioner has not been arraigned and
there was evidence to show that the accused has left the country with out the
knowledge

Issue:

and

the

permission

of

the

court.

Whether or Not the right to travel may be impaired by order of the

court.

Held:

The bail bond posted by petitioner has been cancelled and warrant of

arrest has been issued by reason that he failed to appear at his arraignments.
There is a valid restriction on the right to travel, it is imposed that the accused
must make himself available whenever the court requireshis presence. A person
facing criminal charges may be restrained by the Court from leaving the country
or, if abroad, compelled to return (Constitutional Law, Cruz, Isagani A., 1987
Edition, p. 138). So it is also that "An accused released on bail may be rearrested without the necessity of a warrant if he attempts to depart from the
Philippines without prior permission of the Court where the case is pending
(ibid.,
par.

Sec.

20

[2nd
]).

Article III, Section 6 of the 1987 Constitution should be interpreted to mean


that while the liberty of travel may be impaired even without Court Order, the
appropriate executive officers or administrative authorities are not armed
with arbitrary discretion to impose limitations. They can impose limits only on
the basis of "national security, public safety, or public health" and "as may be
provided by law," a limitive phrase which did not appear in the 1973 text (The
Constitution, Bernas, Joaquin G.,S.J., Vol. I, First Edition, 1987, p. 263).

Apparently, the phraseology in the 1987 Constitution was a reaction to the ban
on international travel imposed under the previous regime when there was a
Travel Processing Center, which issued certificates of eligibility to travel upon
application of an interested party (See Salonga vs. Hermoso & Travel Processing
Center,

No.

53622,

25

April

1980,

97

SCRA

121).

Holding an accused in a criminal case within the reach of the Courts by


preventing his departure from the Philippines must be considered as a
validrestriction on his right to travel so that he may be dealt with in accordance
with law. The offended party in any criminal proceeding is the People of the
Philippines. It is to their best interest that criminal prosecutions should run their
course and proceed to finality without undue delay, with an accused holding him
amenable at all times to Court Orders and processes