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STATE JURISDICTION
(International Jurisdiction Principle)
What is International Jurisdiction?
-

The allocation of power and authority among the States.

What are the three types of jurisdiction recognized in International Law?

(a) Jurisdiction to prescribe;
(b) Jurisdiction to enforce; and
(c) Jurisdiction to adjudicate.
Under the IL, what are the generally accepted bases of jurisdiction or theories
under which a State may claim to have jurisdiction to prescribe a rule of law
over an activity?
(a)Territoriality
(1)Subjective Territoriality
- If the activity takes place within the territory of the forum State, then the
forum State has the jurisdiction to prescribe a rule for that activity.
- The vast majority of criminal legislation in the world is of this type.
(2)Objective Territoriality
- This is invoked where the action takes place outside the territory of the
forum State, but the primary effect of that activity is within the forum
State.
(b)Nationality
(1)Active Nationality
- The basis for jurisdiction where the forum State asserts the right to
prescribe a law for an action based on the nationality of the actor.
(2)Passive Nationality
- A theory of jurisdiction based on the nationality of the victim.
- Passive nationality is rarely used for two reasons:
It is offensive for a nation to insist that foreign laws are not sufficient
to protect its citizens abroad.
The victim is not being prosecuted.
- A state needs to seize the actor in order to undertake a criminal
prosecution.
(3)Protective Principle
- It expresses the desire of a sovereign to punish actions committed in other
places solely because it feels threatened by those actions.
- This principle is invoked where the victim would be the government or
sovereign itself.
(4)Universality
- Historically, universal jurisdiction was the right of any sovereign to capture
and punish pirates.
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This form of jurisdiction has been expanded during the past century and a
half to include more of jus cogens: slavery, genocide, and hijacking, war
crimes, and crimes against humanity.
(5)Jurisdiction based on agreement
- There exists the possibility that States can confer jurisdiction through
international agreements.
What are the rules on jurisdiction are applied by the Philippines?
(a) Territoriality principle Art. 14 of the NCC
(b) Nationality principle Art. 15 of the NCC
(c) Protective principle Art. 2 of the RPC
(d) Universality principle applied by the PH with respect to universal crimes like
piracy.
Explain Protective Personality.
-

A State may exercise jurisdiction over acts of foreigners even when committed
outside of its territorial jurisdiction, when the vital interests of the State are
threatened.

May a State exercise its power in the territory of another State?

-

No, as a general rule, jurisdiction is territorial; it cannot be exercised by a State

outside its territory except by virtue of a permissive rule derived from international
custom or from a convention.

May a State exercise jurisdiction in its territory in respect of a case which

relates to acts which have taken place outside its territory?
-

While jurisdiction is, as a general rule, territorial, it does not, however, follow that
International Law prohibits a State from exercising jurisdiction in its own territory, in
respect of any case which relates to acts which have taken place abroad, and in
which relates to acts which have taken place abroad, and in which it cannot rely n
some permissive rule of IL.
Far from laying down a general prohibition to the effect that States may not extend
the application of their laws and the jurisdiction of their courts to persons, property
and acts outside their territory, IL leaves them in this respect a wide measure of
discretion, which is only limited in certain cases by prohibitive rules; as regards
other cases, every State remains free to adopt the principles which it regards as
best and most suitable.

Explain the principle of universality of jurisdiction.

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The principle of universality provides for jurisdiction over crimes committed by

aliens outside the territory on the sole basis of the presence of the alien within the
territory of the state assuming jurisdiction.

What nations may punish piracy?

-

Piracy is robbery or forcible depredation on the high seas without lawful authority
and done with animo furandi, and in the spirit and intention of universal hostility.
Pirates are in law hostes humani generis (common enemies of mankind).
Piracy is a crime not against any particular State but against all mankind, As such, it
may be punished in the competent tribunal of any country where the offende may
be found or into which he may be carried.
The jurisdiction of piracy unlike all other crimes has no territorial limits. As against
all so may it be punished by all.

What is exterritoriality?
-

Commonly used to describe that status of a person or thing physically present on a

States territory, but wholly or partly withdrawn from the States jurisdiction by a
rue of IL.
Exterritoriality constituted not only a direct restriction of the personal sphere of
validity of the national legal order, but also an indirect restriction of the territorial
sphere of validity of the national legal order, insofar as a State is legally prevented
from exercising its coercive power against these individuals or things on its own
territory.
It implies a fiction that the individuals enjoying the privilege shall be treated as if
they were not on the territory of the State.

What is the Most-Favored Nation (MFN) Clause?

-

The Most-Favored Nation Clause which is usually found in trade treaties or

agreements requires that the State Parties shall accord to each other whatever
privileges, concessions or benefits that they accord to other States.

(Extradition)
What is extradition?

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Extradition is the removal of an accused from the requested State (the Asylum
State) with the object of placing him at the disposal of foreign authorities to enable
the requesting State or government to hold him in connection with any criminal
investigation directed against him or the execution of a penalty imposed on him
under the penal or criminal law of the requesting State or government.

Under what authority a fugitive from justice may be extradited?

-

Only upon the authority of an extradition treaty between the requesting and the
requested States.

What are the persons subject to extradition?

-

Those charged or convicted of offenses that are extraditable under the terms of the
extradition treaty between the requesting where the crime was committed and the
requested State where the person requested to be extradited has sought refuge.

What are the offenses subject to extradition?

-

Those which are specifically listed in the extradition treaty to be extraditable or

which are defined and punished as crimes under the laws of both the requesting
and the requested State. The usual exceptions are political and religious offenses.

Does IL recognize a duty on the part of State to surrender criminals to another

Sate by way of extradition?
-

No, in the absence of a treaty, there is no obligation to extradite. A State may

volunteer to extradite an individual without the existence of a treaty but is obliged
only by the terms of a treaty.

What are the elements of extradition?

(a) Acts of sovereignty on the part of two States;
(b) A request by one State to another State for the delivery to it of an alleged criminal;
and
(c) The delivery of the person requested for the purposes of trial or sentence in the
territory of the requesting State.
What is deportation?
-

Deportation, unlike extradition, is essentially a unilateral act of the deporting State

in order to get rid of an undesired foreign national.
The purpose of deportation is achieved when such a foreign national leaves the
deporting States territory.

Extradition vs. Deportation.

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EXTRADITION

DEPORTATION

Extradition means the surrender by force

of a wanted person by the requested State
to the requesting State.
May only be made pursuant to a treaty
between the requesting State and the
requested State.
For the benefit of the requesting State.

Deportation is the expulsion of an unwanted

or undesirable alien.
A pure unilateral act of an exercise of
sovereignty.
Takes place in the interest of the country of
residence and is ordered without a request
by a third State.

What is reconduction to the border?

-

The forcible expulsion of undesirable aliens by arresting them and reconducting

them to the border or their home State.
It is a police to police expulsion without any condition and without judicial
intervention.

What is disguised extradition?

-

There is disguised extradition where deportation is used to achieve extradition.

What are irregular renditions?

-

A practice of some States that is borne of frustration caused by the unwillingness of

a country upon which a valid extradition request has been made to carry out its
international obligations.

What are the different varieties of irregular renditions?

(1)Transitional forcible abduction
- One sovereign may simply kidnap the culprit seeking refuge in a foreign land,
an action that is invariably against the law of the foreign jurisdiction.
(2)Informal surrender or disguised extradition
- Without process, the foreign jurisdiction may simply grant permission or silently
accede to the requesting States demand for the surrender of the fugitive or it
may affirmatively move to deport or expel him or her.
(3)Lures
- Tricked by subterfuge or deception, the fugitive may be lured from an
extradition refuge to the territory of the pursuing State, international waters, or
to another country permitting extradition to the pursuing State.

What is the Ker-Frisbie Doctrine?

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It is a doctrine that holds that criminal defendants may be tried regardless of

whether their presence before the court was secured from outside its territorial
jurisdiction by means other than pursuant to a valid extradition.

What are the aims or purposes of extradition?

(a)Criminal prosecution
- Instituted by authorities of the requesting State or government charging the
accused with an offense;
(b)Execution of a prison sentence
- Imposed by a court of the requesting State or government, with such duration
as the stipulated in the relevant extradition treaty or convention, to be served in
the jurisdiction of and as a punishment for an offense committed by the
accused within the territorial jurisdiction of the requesting State or government.
What are the methods of specifying grounds for extradition?
(a)Listing of extraditable offenses
- The definition of extraditable offenses consists of a list of specific crimes or
categories of crimes.
- This categorizing of crime has resulted in problems when a specific crime is not
on the list, and is therefore not extraditable.
- The result has been that as additional offenses become punishable under the
laws of both treaty partners the extradition treaties between them need not to
be renegotiated or supplemented.
(b)Double or Dual Criminality
- An offense is extraditable only if it is defined and punished as a crime under the
laws of both State Parties.
What method of specifying grounds for extradition is used in extradition
treaties entered into by the Philippines?
-

Principle of Dual Criminality pursuant to Sec. 3 of the PD 1069, the Philippine

Extradition Law.

Give some standard treaty limitations on extradition.

(a)Prohibition of discrimination
- Extradition may not be granted if it would subject the fugitive to prosecutions
based on race, nationality or political opinion
(b)Lack of probable cause clause
- Request for extradition must include sufficient prima facie evidence of guilt
attributable to the person requested to be extradited
(c) Exceptions for political and military offenses
- Extradition shall not be granted for political offenses or if the executive
authority of the requested State determines that the request is politically
motivated or when it relates to a military offense that is not punishable under
non-military penal legislation
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(d)Rule of Specialty
-Designed to ensure that a fugitive surrendered for one offense is not tried for
other crimes, the rule of specialty prevents a request for extradition from being
used as a subterfuge to obtain custody of a person for trial or execution of a
sentence on different charges that are not extraditable or properly documented
in the request
Under the RP-US Extradition Treaty, are there exceptions to the Political Offense
Exception Clause?
-

3 categories of offenses that shall not be considered political offenses:

(a)Murder or willful crimes against the person of a Head of State of the Contracting
Parties, or a member of the Head of States family;
(b)Offenses for which both contracting parties have an obligation pursuant to a
multilateral international agreement either to extradite the person sought or to
submit the case to their competent authorities for prosecution;
(c)Conspiring or attempting to commit, or aiding or abetting the commission or
attempted commission of, any of the foregoing offenses.

What is an attentat clause?

-

It provides that the assassination, murder, attempt on the life of, or other willful
crimes against the person of the Head of State or Head of Government of wither of
the States Parties or of a member of his family shall not be regarded political crime.

May a request for extradition be refused?

-

As long as the request for extradition is upon the authority of an existing extradition
treaty between the requesting and the requested States, then it may not be
refused.
The requested State is bound by pacta sunt servanda to comply in good faith with
its obligations under the Treaty. This principle requires that the requested State
deliver the accused to the requesting country if the conditions precedent to
extradition, as set forth in the treaty, are satisfied.

What are the five postulates of extradition? (Govt. of USA vs Judge Purganan)
(a)Extradition is a major instrument for the suppression of crime
-With an important practical effect that criminals should be restored to the
jurisdiction of the locus delicti commissi (place of the commission of the crime)
competent to try and punish them so that the number of criminals seeking
refuge abroad will be reduced;
(b)The Requesting State will accord due process to the accused
-An extradition treaty presupposes that both parties thereto have examined, and
that both accept and trust each others legal system and judicial process;
(c) The proceedings are sui generis
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-Extradition proceedings are not criminal in nature which will call into operation all
the rights of an accused as guaranteed by the Bill of Rights. The process of
extradition does not involve the determination of the guilt or innocence of an
accused.
(d)Compliance shall be in good faith
-We are bound by pacta sunt servanda o comply in good faith with our obligations
under the Treaty.
(e)There is an underlying risk of flight
-Persons to be extradited are presumed to be flight risks. Indeed, extradition
hearings would not even begin, of only the accused were willing to submit to
trial in the requesting country.
May a prospective extradite be granted bail during the pendency of the
extradition proceedings?
-

Yes. The Philippine authorities are under obligation to make available to every
person under detention such remedies which safeguard their fundamental right to
liberty. These remedies include the right to be admitted to bail. (Govt. of Hong Kong
vs Olalia)

May an extradition treaty apply to crimes committed prior to its effectivity?

-

Yes, an extradition treaty may apply to crimes committed prior to its effectivity
unless the treaty expressly exempts them.

Can a person contests his extradition on the ground that it violates the ex post
facto provision of the Philippine Constitution?
-

No. the concept of ex post facto laws is limited only to penal and criminal statutes
that affect the substantial rights of the accused.
An extradition treaty is neither a piece od criminal legislation nor a criminal
procedural statute.

Is extradition a criminal proceeding?

-

No, extradition is not a criminal proceeding but it bears all earmarks of a criminal
process.
Extradition is sui generis, tracing its existence wholly to treaty obligations
between different nations. It is not a trial to determine the guilt or innocence of the
potential extradite. Nor is it a full-blown civil action, but one that is merely
administrative in character. Its object is to prevent the escape of a person accused
or convicted of a crime and to secure his return to the State from which he fled, for
the purpose of trial or punishment.
It entails a deprivation of liberty on the part of the potential extradite and the
means employed to attain the purpose of extradition is also the machinery of
criminal law.

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IMMUNITIES FROM JURISDICTION

(State Immunity)
What is the Doctrine of Sovereign Immunity under the IL?
-

A State may not be sued without its consent in the local courts of another State as a
necessary consequence of the principles of independence and equality of States.
This rule is derived from the principle of the sovereign equality of States, as
expressed in the maxim par in parem non habet imperium (among equals, there
can be no superior)

Is the immunity of foreign States absolute?

-

No, the increasing need of sovereign States to enter into purely commercial
activities remotely connected with the discharge of their governmental functions
brought about a new concept of sovereign immunity.
This concept, restrictive theory, holds that the immunity of the sovereign is
recognized only with regard to public acts or acts jure gestionis.

How can a State invoke its immunity?

-

In IL, when a State or international agency wishes to plead sovereign or diplomatic

immunity in a foreign court, it requests the Foreign Office of the State where it is
sued to convey to the court that said defendant is entitled to immunity.
In the PH, the practice is for the foreign government to first secure an executive
endorsement of its claim of sovereign or diplomatic immunity. But how foreign office
conveys its endorsements to the court varies.

Explain the process of suggestion.

-

In IL, when a State or International agency wishes to plead sovereign or diplomatic

immunity in a foreign court, it requests the Foreign Office of the State where it is
sued to convey to the court that the said defendant is entitled to immunity.

Is a provision in a contract entered into by a foreign State with a private entity

that says that any legal action arising out of this Maintenance Agreement shall
be settled according to the laws of the Philippines and by the proper court of
Makati City, PH tantamount to a wiaver of its immunity from suits?
-

No. Submission by a foreign State to a local jurisdiction must be clear and

unequivocal. It must be given explicitly or by necessary implication.
Agreement by a State for the application of the law of another State shall not be
interpreted as consent to the exercise of jurisdiction by the courts of another State.
(Art. 7(2) of UN Convention on Jurisdictional Immunities of States and their Property)

What are the exceptions to the Doctrine of State Immunity?

(a) When there is a waiver of State immunity;
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(b) If the State itself has instituted the proceedings;

(c) Any counterclaim arising out of the same legal relationship or facts as the claim
presented by the State;
(d) Commercial transactions with private individuals or entities;
(e) Death or injury to the person, or damage to or loss of tangible property, caused by
an act or omission which is alleged to be attributable to the State;
(f) Right or interest of the State in movable or immovable property arising by way of
succession or donation;
(g) Alleged infringement of patent, industrial design, trade name or business name,
trade mark, copyright or any other form of intellectual or industrial property;
(h) Participation in a company or other collective body, whether incorporated or
unincorporated;
(i) Proceeding which relates to the operation of a ship other than a warship;
(j) Proceedings involving the effects of an arbitration agreement.
May the acts of a sovereign power be impugned in the courts of another
sovereign country?
-

No. The courts of one country will not sit in judgment on the acts of the government
of another, done within its own territory.

What is the Act of State Doctrine?

-

A doctrine that protects the sovereignty of States by judicial deference to the public
acts of a foreign State done on that States territory.
Under this doctrine, the courts of one country will not sit in judgment on the acts of
the government of another done within its own territory.

(Diplomatic Immunity)
Privileges and Immunities of Diplomatic Missions:
(a) The right to use the flag and emblem of the sending State on the premises of the
mission, including the residence of the head of the mission, and on his means of
transport;
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(b) The premises of the mission shall be inviolable. The agents of the receiving State
may not enter them, except with the consent of the head of the mission. The
premises of the mission, their furnishings and other property thereon and the
means of transport of the mission shall be immune from search, requisition,
attachment or execution;
(c) Exemption from all national, regional or municipal dues and taxes in respect of the
premises of the mission, whether owned or leased, other than such as represent
payment for specific services rendered;
(d) The archives and documents of the mission shall be inviolable at any time and
wherever they may be;
(e) The receiving State shall permit and protect free communication on the part of the
mission for all official purposes, including diplomatic couriers and messages in code
or cipher;
(f) The official correspondence of the mission shall be inviolable;
(g) The diplomatic bag shall not be opened or detained;
(h) The fees and charges levied by the mission in the course of its official duties shall
be exempt from all dues and taxes.
What is a diplomatic bag?
-

Consists of packages containing official correspondence, documents and articles

intended exclusively for official use, whether accompanied by diplomatic courier or
not, which are used for official communication and which bear visible marks of their
character as a diplomatic bag.

What are the privileges and immunities of diplomatic agents?

(a) The person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention;
(b) The private residence of a diplomatic agent shall enjoy the same inviolability and
protection as the premises of the mission;
(c) Immunity from the criminal jurisdiction of the receiving State;
(d) A diplomatic agent is not obliged to give evidence as a witness;
(e) A diplomatic agent shall with respect to services rendered for the sending State be
exempt from social security provisions which may be in force in the receiving State;
(f) Exemption from all dues and taxes, personal or real, national, regional or municipal;
(g) Exemption from all personal services from all public service of any kind whatsoever;
(h) Exemption from all customs duties, taxed and related charges.

What is a diplomatic inviolability?

-

Universally recognized as a most fundamental rule of both customary and

conventional law and an essential prerequisite for the conduct of relations between
States.
As an aspect of the diplomatic privileges and immunities, diplomatic inviolability
means that the person of the diplomatic agent, his residence, and the diplomatic
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premises and property may not be the subject of any kind of interference on the
part of the receiving State which is legally bound to afford him special protection.
Are diplomatic agents also entitled to immunity from civil and administrative
jurisdiction of the receiving State?
-

Yes.

Exceptions:
(1) A real action relating to private immovable property situated in the territory of the
receiving State, unless he holds it on behalf of the sending State for the purposes of
the mission;
(2) An action relating to succession in which the diplomatic agent is involved as
executor, administrator, heir or legatee as a private person and not on behalf of the
Sending State;
(3) An action relating to any professional or commercial activity exercised by the
diplomatic agent in the receiving State outside his official functions.
What are the privileges and immunities of the members of the administrative
and technical staff of the mission?
-

Members of the administrative and technical staff of the mission, together with
members of their families forming part of their respective households, shall, if they
are not nationals of or permanently resident in the receiving State, entitled to the
same privileges and immunities, except that the immunity from civil and
administrative jurisdiction of the receiving State shall not extend to acts performed
outside the course of their duties.

What are the privileges and immunities of the members of the service staff of a
diplomatic mission?
-

Members of the service staff of the mission who are not nationals of or permanently
resident in the receiving State shall enjoy immunity in respect of acts performed in
the course of their duties. They shall also enjoy exemption from dues and taxes on
the emoluments they receive by reason of their employment.

What are the privileges and immunities of the private servants of members of a
diplomatic mission?

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Private servants of members of the mission shall, if theu are not nationals of or
permanently resident in the receiving State, be exempt from dues and taxes on the
emoluments they receive by reason of their employment.
In other respects, they may enjoy privileges and immunities only to the extent
admitted by the receiving State.
However, the receiving State must exercise its jurisdiction over those persons in
such a manner as not to interfere unduly with the performance of the functions of
the mission.

What are the privileges and immunities of diplomatic agents, other members of
the staff of the mission and private servants who are nationals or permanent
resident of the receiving State?
-

Except insofar as additional privileges and immunities may be granted by the

receiving State, a diplomatic agent who is a national of or permanently resident in
that State shall enjoy only immunity from jurisdiction, and inviolability, in respect of
official acts performed in the exercise of his functions.
Other members of the staff of the mission and private servants who are national of
or permanently resident in the receiving State shall enjoy privileges and immunities
only to the extent admitted by the receiving State.

Does the immunity of a diplomatic agent from the jurisdiction of the receiving
State also exempt him from the jurisdiction of the sending State?
-

No, he will always be subject at all times to the jurisdiction of his State.

Is the personal baggage of a diplomatic agent subject to customs check and

inspections?
-

No, the personal baggage of a diplomatic agent shall be exempt from inspection,
unless there are serious grounds fro presuming that it contains articles that are
neither for the official use of the diplomatic mission nor for the personal use of the
diplomatic agent or members of his family forming part of his household, or articles
the import or export of which is prohibited by the law or controlled by the
quarantine regulations of the receiving State..
In any case, such inspection shall be conducted only in the presence of the
diplomatic agent or of his authorized representative.

May the immunity of diplomatic agents from the jurisdiction of the receiving
State be waived?
-

Yes, the immunity from jurisdiction of diplomatic agents may be waived by the
sending State.

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May the waiver of immunity f diplomatic agents from the jurisdiction of the
receiving State be impliedly waived?
-

As a general rule, waiver of diplomatic immunity must always be express.

However, the initiation of proceedings bya diplomatic agent shall preclude him from
invoking immunity from jurisdiction in respect of any counterclaim directly
connected with the principal claim.

Does a waiver of diplomatic immunity include consent to the execution of an

adverse judgment against the diplomatic agent?
-

No, a separate waiver is necessary for the execution of an adverse judgment

against a diplomatic agent.
Waiver of immunity from jurisdiction in respect of civil or administrative proceedings
shall not be held to imply waiver of immunity in respect of the execution of the
judgment.

Are members of the family of a diplomatic agent entitled to the privileges and
immunities accorded to diplomatic agents?
-

Yes, provided they form part of the household of the diplomatic agent and they are
not nationals of the receiving State.

May a diplomatic agent practice any professional or commercial activity in the

receiving State?
-

Yes, provided the practice of professional or commercial activity is not for personal
profit.

Who are international public officials?

-

Persons who, on the basis of an international treaty constitution a particular

international community, are appointed by this international community, or by an
organ of it, and are under its control to exercise, in a continuous way, functions in
the interest of this particular international community, and who are subject to a
particular personal status.

Distinctions between the privileges and immunities of diplomats and those of

international officials.
-

Those immunities awarded to diplomatic agents are a right of the sending state
based on customary international law, while those granted to international officials
are based on treaty or conventional law.
Customary international law places no obligation on a state to recognize a special
status of an international official or to grant him jurisdictional immunities. Such an
obligation can only result from specific treaty provisions.

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The special status of the diplomatic envoy is regulated by the principle of reciprocity
by which a state is free to treat the envoy of another state as its envoys are treated
by the State.

(Consular Immunity)
What are the privileges and immunities of consular officers?
(a) Consular officers shall not be liable to arrest or detention pending trial, except in the
case of a grave crime and pursuant to a decision by the competent judicial
authority;
(b) Consular officers and consular employees shall not be amenable to the jurisdiction
of the judicial or administrative authorities of the receiving State in respect of acts
performed in the exercise of consular functions, except in a civil action either:
(1) Arising out of a contract concluded by a consular officer or a consular
employee in which he did not contract expressly or impliedly as an agent of
the sending State;
(2) By a third party for damages arising from an accident in the receiving State
caused by a vehicle, vessel or aircraft.
(c) Members of consular post are under no obligation to give evidence concerning
matters connected with the exercise of their functions or to produce official
correspondence and documents relating thereto. They are also entitled to decline to
give evidence as expert witnesses with regard to the law of the sending State;
(d) Consular officers and employees shall also be exempted from registration of aliens
and residence permits, work permits, taxation, customs duties and inspections, and
from personal services and contribution.
Differences of the privileges or immunities of diplomatic envoys and consular
officers from the criminal or civil jurisdiction of the receiving State.
As to criminal jurisdiction:
DIPLOMATIC ENVOYS
Shall not be liable to any form of arrest or
detention and they shall enjoy immunity
from the criminal jurisdiction of the
receiving State.

CONSULAR OFFICERS
Shall not enjoy immunity from criminal
jurisdiction.
If criminal proceedings are instituted
against a consular officer, he must appear
before the competent authorities.
However, they shall not be liable to arrest or
detention pending trial, except in the case
of grave crime and pursuant to a decision
by the competent judicial authority.

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As to civil jurisdiction:
DIPLOMATIC ENVOYS
Shall enjoy immunity
Exceptions:
(1) A real action relating to private
immovable property situated in the
territory of the receiving State;
(2) An action relating to succession in
which they are involved as a private
person and not on behalf of the
sending State;
(3)An action relating to any professional
or commercial activity exercised by
the
diplomatic
envoys
in
the
receiving State outside their official
functions.

CONSULAR OFICERS
Shall enjoy immunity
Exceptions:
(1) Arising out of a contract concluded by
a consular officer in which the officer
acted in his personal capacity; or
(2) By a third party for damage arising
from an accident in the receiving
State caused by a vehicle, vessel, or
aircraft.

Who may waive the privileges and immunities of consular officers and
employees?
-

The sending State may waive, with regard to a member of the consular post, any of
the privileges and immunities afforded to the latter.
The waiver shall in all cases be express and shall be communicated to the receiving
State in writing.
However, the initiation of proceedings by a consular officer or a consular employee
in a matter where he might enjoy immunity from jurisdiction shall preclude him from
invoking immunity from jurisdiction in respect of any counterclaim directly
connected with the principal claim.

May the waiver of immunity from jurisdiction for the purposes of civil or
administrative proceedings be deemed to imply the waiver of immunity from the
measures of execution resulting from the judicial decision?
-

No, a separate waiver shall be necessary for the execution of a judicial decision.

**Refer to Sarmiento Reviewer for Hypos

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(Immunities of the United Nations and its Officials)

What are the privileges and immunities of the United Nations?
(1) The Organization, its property and assets wherever located and by whomsoever
held, shall enjoy immunity from every form of legal process except insofar as in any
particular case it has expressly waived its immunity. It is, however, understood that
no waiver of immunity shall extend to any measure of execution;
(2) Its premises shall be inviolable. Its property and assets, wherever located and by
whomsoever held, shall be immune from search, requisition, confiscation,
expropriation and any other form of interference;
(3) Its archives and in general all documents belonging to it or held by it, shall be
inviolable wherever locater;
(4) The Organization, its assets, income and other property shall be exempt from all
direct taxes, customs duties and prohibitions and restrictions on imports and
exports in respect of articles imported or exported by the United Nations for its
official use and in respect of its publications.
May the UN be sued for unpaid rentals of buildings used by it for its sessions in
the Philippines?
-

No. The UN enjoys immunity from suits without its consent.

Art. 105 of the UN Charter provides, the UN Organization shall enjoy in the territory
of each of its Members such privileges and immunities as are necessary for the
fulfillment of its purposes.

What are the privileges and immunities of the Secretary General and other
officials of the UN?
(1) Immunity from legal process in respect of words spoken or written and all acts
performed by them in their official capacity;
(2) Exemption from taxation on the salaries and emoluments paid to them by the
United Nations;
(3) Immunity from national service obligations;
(4) Immunity, together with their spouses and relatives dependent on them, from
immigration restrictions and alien registration;
(5) To be accorded the same privileges in respect of exchange facilities as are accorded
to the officials of comparable ranks forming part of diplomatic missions to the
Government concerned;
(6) To be given, together with their spouses and relatives dependent on them, the same
repatriation facilities in time of international crisis as diplomatic envoys;
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(7) To have the right to import free of duty their furniture and effects at the time of first
taking up their post in the country in question.

The representatives of States to the principal and subsidiary organs of the UN

and tp conferences convened by the UN shall, while exercising their functions
and during their journey to and from the place of meeting, enjoy the following
privileges and immunities:
(1) Immunity from personal arrest or detention and from seizure of their personal
baggage, and, in respect of words spoken or written and all acts done by them in
their capacity as representatives, immunity from legal process of every kind;
(2) Inviolability for all papers and documents;
(3) The right to use codes and to receive papers or correspondence by courier or in
sealed bags;
(4) Exemption in respect of themselves and their spouses from immigration restrictions,
aliens registration or national service obligations in the State they are visiting or
through which they are passing in the exercise of their functions;
(5) The same facilities in respect of currency or exchange restrictions as are accorded
to representatives of foreign governments on temporary official missions;
(6) The same immunities and facilities in respect of their personal baggage as are
accorded to diplomatic envoys, and also;
(7) Such other privileges, immunities and facilities not inconsistent with the foregoing
as diplomatic envoys enjoy, except that they shall have no right to claim exemption
from customs duties on goods imported or from excise duties or sales taxes.

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