DOJ Opinion No. 049, s. 2001

DOJ OPINION NO. 049 , s. 2001 September 20, 2001 The Honorable Secretary Department of Foreign Affairs 2330 Roxas Boulevard, Pasay City Attention: Hon. Belen F. Anota Assistant Secretary Office of Consular Affairs Madam: Reference is made to your letter dated June 19, 2001 which seeks a clarification on whether DOJ Opinion No. 71, s. 1994 also covers South East Asian Ministries of Education Organization (SEAMEO-GTZ) as to entitle its officials, participants and scholars to a 9(e) visa. It appears that your request was precipitated by the pending request of the SEAMEO-TROPMED Regional Centre for Public Health-College of Public Health, University of the Philippines, Manila, for the extension of the 9(e) visas of SEAMEO-GTZ scholars. We answer in the affirmative. Section 9(e) of the Philippine Immigration Act of 1940, as amended, insofar as pertinent, provides: "Sec. 9. Aliens departing from any place outside the Philippines who are otherwise admissible and who qualify within one of the following categories, may be admitted as non immigrants: xxx xxx xxx (e) An accredited official of a foreign government recognized by the Government of the Philippines, his family, attendants, servants and employees; xxx xxx xxx Pursuant to the said Section 9 (e), there are three (3) categories of non immigrant visas issued to accredited officials of a foreign government namely, E-1, E-2 and E-3. Included within the so called E-2 category are the official students or participants in programs under the auspices of the Philippine Government or recognized international institutions. (Section 226, paragraph [2] of the Philippine Foreign Service Code; An Outline of Philippine Immigration and Citizenship Laws, by Atty. Ronaldo P. Ledesma, 1999 Edition, pp. 70-71). It should be noted that in the said DOJ Opinion No. 71, s. 1994, this Department already ruled thus "It is noted that SEAMEO is a regional aggrupation of certain countries of Southeast Asia and Philippine acceptance of its charter was concurred in by the Senate. Since the SEAMEO charter is indubitably an international agreement, it should follow that SEARCA, which was organized in accordance therewith has likewise acquired an international character (see Article XIV of the Enabling Instrument). It has been said, in this connection, that generally, the ratification of an international agreement, provided it is self-executing, would suffice to put an entity created thereby beyond the interference of municipal law (O'Connell, International Law, Vol. 1, 1905 Ed., p. 128)." aITECD On the basis of the above-quoted opinion, there is no doubt that SEAMEO-TROPMED, which was organized in accordance with an international agreement between RP and SEAMEO, has likewise acquired an international character. Article VII of the Agreement between the Republic of the Philippines and the Southeast Asian Ministers of Education Organization relative to the establishment of the Philippine National Centre for Tropical Medicine and Public Health expressly provides that: "In keeping with Article VIII-3 of the SEAMEO Charter, the RP agrees: (a) To exempt any foreign employee working at the Centre from Philippine income tax in respect to his official emoluments accruing from work done for purposes of the project; (b) To exempt from payment of customs duty goods and equipment brought into the Philippines for use by the Centre, as well as bonafide personal effects of foreign employees of the Centre; (c) To provide any other privileges and immunities as mutually agreed between SEAMEO and RP which may be necessary for fulfillment of the purposes of the Centre (emphasis supplied)" A perusal of the above quoted provision reveals that SEAMEO-TROPMED was granted a wide range of privileges and immunities that are only accorded to members of the diplomatic community and international organizations. The conferment of the-said privileges and immunities has been recognized when then Secretary Onofre D. Corpuz, a representative of the Philippine Government, signed the Agreement with SEAMEO (see Isagani A. Cruz, International Law, 1996 Edition p. 77). TcDHSI Based on the foregoing, we reiterate our view that SEAMEO-GTZ scholars are entitled to 9(e) visas. Very truly yours, (SGD.) HERNANDO B. PEREZ Secretary