DOJ Opinion No. 143, s. 1985

DOJ OPINION NO. 143 , s. 1985 October 28, 1985 The Director-General National Economic and Development Authority NEDA sa Pasig, Amber Ave. Pasig, Metro Manila Sir : This has reference to your request for the "views" of this Ministry as regards the "eligibility" of the International Executive Service Corps ("IESC") for the grant of certain benefits and privileges for its executives and personnel in the Philippines. You state that "The IESC is a private non-profit organization which transfer technology from the United States to developing countries through short-term volunteer assignments by retired American business and management executives as well as technical advisors. The organization which is funded by grants from USAID and by contributions from clients, U.S. corporate sponsors and some foreign governments, has been in operation in the Philippines since 1965. It has completed 364 projects with various business enterprise, universities and government agencies which resulted, among others, in upgraded technology, reduced costs, increased employment and expanded export markets." You further state that the IESC has requested for a "Country Agreement" with the Philippine Government which will incorporate therein certain concessions and privileges for the former, such as "the free entry and departure of IESC executive and personnel, the issuance of visas appropriate to incoming IESC executives and personnel as well as exemption from payment of any consular fees or charges." LexLib We find no legal impediment to the grant, by agreement between the Philippine Government and IESC, of the privilege of liberalized entry and exit procedures for IESC executive personnel. The Immigration Act authorizes the President, who has since delegated this authority to the Minister of Justice, to waive documentary requirements for any class of non-immigrants under such conditions as he may impose, and to admit aliens as special non-immigrants, when the public interest so warrants (Sec. 47[a], C.A. 613, as amended). It may be mentioned, however, that this Ministry has adopted the policy of granting special non-immigrant status on a case-to-case basis, instead of en masse (Op. No. 137, s. 1979; No. 23, 1982). As for the grant of tax-exempt status to the organization, any commitment to this effect should be duly sanctioned by appropriate legislation as provided in Section 17(4) of Article VIII of the 1973 Constitution, in the same manner that similar organization have been granted such exemptions by law (See R.A. No. 4169, re Ford Foundation, Rockefeller Foundation; P.D. 1127 re Asia Foundation Inc., P.D. No. 1620, re International Rice Research Institute). Very truly yours, (SGD.) ESTELITO P. MENDOZA Minister of Justice