Supreme Court E-Library
Information At Your Fingertips

July 15, 1988

This Memorandum of Agreement, made and entered into by and between the GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES, acting through the Department of Foreign Affairs (hereinafter referred to as the GOVERNMENT) and the INTERNATIONAL CATHOLIC MIGRATION COMMISSION OF GENEVA, SWITZERLAND (hereinafter referred to as the COMMISSION);

WHEREAS, the Constitution of the COMMISSION confers upon it juridical personality and such legal capacity to act in any manner as will further the aims and objectives of the COMMISSION;

WHEREAS, the purposes and functions of the COMMISSION and the activities carried out by the COMMISSION warrant the granting in the Philippines to the organization and its staff of privileges and immunities substantially identical to those accorded to the agencies of the United Nations and their staff;

WHEREAS, the COMMISSION is engaged in humanitarian work in the Philippines, which is duly recognized by the GOVERNMENT;

NOW, THEREFORE, the PARTIES hereby covenant the following:

ARTICLE I
  JURIDICAL PERSONALITY

The COMMISSION shall possess juridical personality in the territory of the Philippines, which recognizes its status as similar to that of a specialized agency.

ARTICLE II
  PROPERTY, FUNDS, ASSETS

1. Unless otherwise provided in the Agreement, the COMMISSION, including its property, funds and assets shall enjoy privileges in accordance with the Convention on Privileges and Immunities of Specialized Agencies of 21 November 1947, and of Philippines laws and regulations pertinent to this matter.

2. The COMMISSION shall be exempt from all taxes and customs duties on import and export of articles imported or exported for its official use. The articles imported under such exemption may not be sold within the country without the GOVERNMENT'S prior approval and under conditions stipulated by it. The articles may, however, be exported subject to existing laws and regulations of the GOVERNMENT.

ARTICLE III
  OFFICIALS AND ALIEN EMPLOYEES

1. The COMMISSION shall notify the Department of Foreign Affairs of the date of arrival, date of departure and date of termination of functions of all COMMISSION officials and alien employees.

2. The President and the Secretary General of the COMMISSION, the international officials, i.e., the Projects Directors, the Deputy Project Directors, shall enjoy the same privileges and immunities as those granted to executive heads and international officials of specialized agencies by virtue of the Convention on Privileges and Immunities of Specialized Agencies of 21 November 1947.

3. These privileges and immunities shall not be enjoyed by locally hired Filipino nationals or resident aliens working with the COMMISSION, except that these employees shall be immune from the jurisdiction of the judicial or administrative authorities of the Philippines in respect of acts performed in the exercise of their official functions and shall not be obliged to give evidence as witness in matters relating thereto.

ARTICLE IV
  COOPERATION WITH GOVERNMENT AUTHORITIES

1. The COMMISSION shall cooperate at all times with the appropriate authorities of the GOVERNMENT to ensure the observance of Philippine laws, rules and regulations, facilitate the proper administration of justice and prevent the occurrences of any abuse of the privileges and immunities granted its officials and alien employees in Article III of this Agreement to the COMMISSION.

2. In the event that the GOVERNMENT determines that there has been an abuse of the privileges and immunities granted under this Agreement, consultations shall be held between the GOVERNMENT and the COMMISSION to determine whether any such abuse has occurred and, if so, the GOVERNMENT shall withdraw the privileges and immunities granted the COMMISSION and its officials.

ARTICLE V
  SETTLEMENT OF DISPUTIES

Any disputes between the GOVERNMENT and the COMMISSION concerning the interpretation or application of the AGREEMENT shall be settled by negotiation.

FINAL PROVISIONS

1. This Agreement shall enter into force upon signature and shall continue to be in force unless terminated by either party by giving six (6) months notice.

2. This Agreement may be modified or revised at the request of either party. If the parties fail to come to an understanding within six (6) months from the time of request for modification or revision, this Agreement shall be deemed terminated.

IN WITNESS WHEREOF, the undersigned representatives, duly authorized for that purpose, have signed this Agreement.

Done in duplicate in Manila, 15 July 1988.