TOPIC Rule 126 Search and Seizure- Hold departure order

CASE NO. G.R. No. L-62100

DOCTRINE
A court has the power to prohibit a person admitted to bail from leaving the Philippines. This is a
necessary consequence of the nature and function of a bail bond. The condition imposed upon petitioner
to make himself available at all times whenever the court requires his presence operates as a valid
restriction on his right to travel.

RECIT-READY DIGEST
Ricardo L. Manotoc, Jr. (Manotoc), is one of the two principal stockholders of Trans-Insular
Management, Inc. and the Manotoc Securities, Inc., a stock brokerage house. He acts as president of the
former corporation. Following the "run" on stock brokerages caused by stock broker Santamaria's flight
from this jurisdiction, Manotoc, who was then in the U.S., came home, and together with his co
stockholders, filed a petition with the Securities and Exchange Commission (SEC) for the appointment of
a management committee, for both companies. Pending disposition of SEC Case, the SEC requested the
then Commissioner of Immigration, Edmundo Reyes, not to clear Manotoc for departure. Approved: a
memorandum was issued. When a Torrens title submitted to and accepted by Manotoc Securities, Inc.
was suspected to be a fake, six of its clients filed six separate criminal complaints against Manotoc In all
cases, Manotoc has been admitted to bail. Manotoc then filed before each of the trial courts a motion
entitled, "motion for permission to leave the country", stating as ground therefor his desire to go to the
United States, "relative to his business transactions and opportunities." Denied. CA petition likewise
Denied hence the present petition.
• W/N a person facing a criminal indictment and provisionally released on bail have an unrestricted
right to travel. NO
A court has the power to prohibit a person admitted to bail from leaving the Philippines. This is a
necessary consequence of the nature and function of a bail bond. The condition imposed upon petitioner
to make himself available at all times whenever the court requires his presence operates as a valid
restriction on his right to travel.

FACTS
• Ricardo L. Manotoc, Jr. (Manotoc), is one of the two principal stockholders of Trans-Insular
Management, Inc. and the Manotoc Securities, Inc., a stock brokerage house. Having transferred
the management of the latter into the hands of professional men, he holds no officer-position in
said business, but acts as president of the former corporation. Following the "run" on stock
brokerages caused by stock broker Santamaria's flight from this jurisdiction, Manotoc, who was
then in the United States, came home, and together with his co stockholders, filed a petition with
the Securities and Exchange Commission for the appointment of a management committee, not
only for Manotoc Securities, Inc., but likewise for Trans-Insular Management, Inc.
• Pending disposition of SEC Case, the SEC requested the then Commissioner of Immigration,
Edmundo Reyes, not to clear Manotoc for departure and a memorandum to this effect was issued.
• When a Torrens title submitted to and accepted by Manotoc Securities, Inc. was suspected to be a
fake, six of its clients filed six separate criminal complaints against Manotoc and one Raul
Leveriza, Jr., as president and vice-president, respectively, of Manotoc Securities, Inc. In due
course, corresponding criminal charges for estafa were filed by the investigating fiscal before the
then Court of First Instance of Rizal, docketed as Criminal Cases Nos. 45399 and 45400, assigned
to respondent Judge Camilon, and Criminal Cases Nos. 45542 to 45545, raffled off to Judge

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 Pronove. In all cases, Manotoc has been admitted to bail in the total amount of P105,000, with
FGU Insurance Corporation as surety.
• On March 1, 1982, Manotoc filed before each of the trial courts a motion entitled, "motion for
permission to leave the country", stating as ground therefor his desire to go to the United States,
"relative to his business transactions and opportunities." Denied.
• Manotoc thus filed a petition for certiorari and mandamus before the then Court of Appeals
seeking to annul the orders dated March 9 and 26, 1982, of Judges Camilon and Pronove,
respectively, as well as the communication-request of the Securities and Exchange Commission,
denying his leave to travel abroad. He likewise prayed for the issuance of the appropriate writ
commanding the Immigration Commissioner and the Chief of the Aviation Security Command
(AVSECOM) to clear him for departure. On October 5,1982, the appellate court rendered a
decision dismissing the petition for lack of merit. Hence the present petition.

ISSUE/S and HELD

RATIO
Manotok contends that having been admitted to bail as a matter of right, neither the courts which
granted him bail nor the Securities and Exchange Commission which has no jurisdiction over his liberty,
could prevent him from exercising his constitutional right to travel.
Manotok's contention is untenable. A court has the power to prohibit a person admitted to bail
from leaving the Philippines. This is a necessary consequence of the nature and function of a bail bond.
Rule 114, Section 1 of the Rules of Court defines bail as the security required and given for the release of
a person who is in the custody of the law, that he will appear before any court in which his appearance
may be required as stipulated in the bail bond or recognizance. "Its object is to relieve the accused of
imprisonment and the state of the burden of keeping him, pending the trial, and at the same time, to put
the accused as much under the power of the court as if he were in custody of the proper officer, and to
secure the appearance of the accused so as to answer the call of the court and do what the law may require
of him." The condition imposed upon petitioner to make himself available at all times whenever the court
requires his presence operates as a valid restriction on his right to travel.
Indeed, if the accused were allowed to leave the Philippines without sufficient reason, he may be
placed beyond the reach of the courts. "The effect of a recognizance or bail bond, when fully executed or
filed of record, and the prisoner released thereunder, is to transfer the custody of the accused from the
public officials who have him in their charge to keepers of his own selection. Such custody has been
regarded merely as a continuation of the original imprisonment. The sureties become invested with full
authority over the person of the principal and have the right to prevent the principal from leaving the
state." If the sureties have the right to prevent the principal from leaving the state, more so then has the
court from which the sureties merely derive such right, and whose jurisdiction over the person of the
principal remains unaffected despite the grant of bail to the latter. In fact, this inherent right of the court is
recognized by petitioner himself, notwithstanding his allegation that he is at total liberty to leave the
country, for he would not have filed the motion for permission to leave the country in the first place, if it
were otherwise.

DISPOSTIVE PORTION
WHEREFORE, the petition for review is hereby dismissed, with costs against
petitioner.
SO ORDERED.