GLORILYN M.

MONTEJO
Section 2, Rule 114

MANOTOC VS. COURT OF APPEALS

142 SCRA 149; G.R. NO. L-62100; 30 MAY 1986

Facts: 

Ricardo Manotoc Jr. was one of the two principal stockholders of Trans-Insular Management
Inc. and the Manotoc Securities Inc., a stock brokerage house. He was in US for a certain time.
He went home to file a petition with SEC for appointment of a management committee for both
businesses. Pending disposition of the case, the SEC requested the Commissioner of
Immigration not to clear Manotoc for departure, and a memorandum to this effect was issued by
the Commissioner.

Meanwhile, six clients of Manotoc Securities Inc. filed separate criminal complaints for estafa
against Manotoc. Manotoc posted bail in all cases. He then filed a motion for permission to
leave the country in each trial courts stating as ground therefore his desire to go to the United
States, "relative to his business transactions and opportunities." His motion was denied. He also
wrote the Immigration Commissioner requesting the recall or withdrawal of the latter's
memorandum, but said request was also denied. Thus, he filed a petition for certiorari and
mandamus before the Court of Appeals seeking to annul the judges' orders, as well as the
communication-request of the SEC, denying his leave to travel abroad. The same was denied;
hence, he appealed to the Supreme Court. He contends that having been admitted to bail as a
matter of right, the courts which granted him bail could not prevent him from exercising his
constitutional right to travel.

Issues: 

Whether or not the court has the power to prohibit a person admitted to bail from leaving the
Philippines.

Held: 

Yes. The 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 provides that bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit, or recognizance. As specified in Rule 114,
Section 2 of the Rules of Court, as one of the conditions, the accused shall appear before the
proper court whenever required by the court of these Rules. 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.