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c) Administrative and Technical Staff, consisting of those employed in the administrative and technical service of the mission. d) Service Staff, i.e., those engaged in the domestic service of the mission. The Diplomatic Corps. According to custom, all diplomatic envoys accredited to the same State form a body known as the Diplomatic Corps. The doyen or head of this body is usually the Papal Nuncio, if there is one, or the oldest ambassador, or, in the absence of ambassadors, the oldest minister plenipotentiary. Appointment of Envoys. In the Philippines, it is the President who appoints [Sec. 16, Art. VII, Philippine Constitution], sends and instructs the diplomatic and consular representatives, and his prerogative to determine the assignment of the countrys diplomatic representatives cannot be questioned [De Perio-Santos v. Macaraig, G.R. No. 94070, April 10, 1992].
RIGHT OF LEGATION
Also known as the right of diplomatic intercourse, this refers to the right of the State to send and receive diplomatic missions, which enables States to carry on friendly intercourse. It is not a natural or inherent right, but exists only by common consent. No legal liability is incurred by the State for refusing to send or receive diplomatic representatives. It is governed by the Vienna Convention on Diplomatic Relations (1961). Agents of Diplomatic Intercourse. a) Head of State. He is the embodiment of, and represents, the sovereignty of the State, and enjoys the right to special protection for his physical safety and the preservation of his honor and reputation. His quarters, archives, property and means of transportation are inviolate under the principle of exterritoriality. He is immune from criminal and civil jurisdiction, except when he himself is the plaintiff, and is not subject to tax or exchange or currency restrictions. See Mighell v. Sultan of Johore, supra. b) The Foreign Office. The actual day-to-day conduct of foreign affairs is usually entrusted to a Foreign Office, headed by a Secretary or a Minister, who, in proper cases, may make binding declarations on behalf of his government [Legal Status of Eastern Greenland]. Establishment of Resident Missions. States carry on diplomatic intercourse through permanent missions established in the capitals of other States. The mission is composed of: a) Head of Mission. The Vienna Convention classifies the heads of mission into: i) Ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank; ii) Envoys, ministers and internuncios, accredited to Heads of State; and iii) Charges daffaires, accredited to Ministers of Foreign Affairs. b) Diplomatic Staff, composed of those engaged in diplomatic activities and are accorded diplomatic rank.
1) Lettre
de creance (letter of credence), with the name, rank and general character of the mission, and a request for favorable reception and full credence; travel; instructions, which may include a document of full powers (pleinspouvoirs] authorizing him to
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arrested temporarily in case of urgent danger, such as when he commits an act of violence which makes it necessary to put him under restraint for the purpose of preventing similar acts; but he must be released and sent home in due time.
i)
The service of writs, summons, orders or processes within the premises of the mission or residence of the envoy is prohibited. Even if a criminal takes refuge within the premises, the peace officers cannot break into such premises for the purpose of apprehending him. The fugitive should, however, be surrendered upon demand by local authorities, except when the right of asylum exists. But if it is the ambassador himself who requests local police assistance, this privilege cannot be invoked [Fatemi v. U.S.]. The Vienna Convention provides that the receiving State has the special duty to protect diplomatic premises against invasion, damage, or any act tending to disrupt the peace and dignity of the mission. However, in Reyes v. Bagatsing, 125 SCRA 553, the Supreme Court held as invalid the denial by the Mayor of the application for a permit to hold a public assembly in front of the U.S. Embassy, there being no showing of a clear and present
ii)
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envoy holds it on behalf of the sending State for the purposes of the mission; b) 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; and c) an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.
iii)
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. Inviolability also extends to the archives, documents, papers and correspondence of the mission at all times and wherever they may be, and the receiving State has the duty to respect and protect their confidential character. Unless the right is recognized by treaty or by local usage, an envoy should not permit the premises of his mission or his residence to be used as a place of asylum for fugitives from justice. An envoy may, however, in the interests of humanity, afford temporary shelter to persons in imminent peril of their lives, such as those fleeing from mob violence.
ii)
iv)
This immunity also means that the diplomatic agent cannot be compelled to testify, not even by deposition, without the consent of his government, before any judicial or administrative tribunal in the receiving State. However, see Minucher v. Court of Appeals, G.R. No. 97765, September 24, 1992, where the Supreme Court held that the act of private respondent Drug Enforcement Agent of the U.S. in the frame-up of petitioner was unauthorized and could not be considered performed in the discharge of official functions, despite a belated diplomatic note from the US Embassy; thus, suit against the private respondent was upheld, being a suit against him in his personal and private capacity. See also Shauf v. Court of Appeals, 191 SCRA 713, where it was held that the immunity does not protect a public official who commits unauthorized acts, inasmuch as such unauthorized acts are not acts of State. Accordingly, he may be sued for such unlawful acts in his private capacity. Subject to the rule on reciprocity, Republic Act No. 75 declares as void any writ or process issued out or prosecuted by any person in any court of the Philippines, or by any judge or justice, whereby the person of any ambassador or public
iii)
i)
The diplomatic agent also enjoys immunity from the civil and administrative jurisdiction of the receiving State, and thus, no civil action of any kind may be brought against him, even with respect to matters concerning his private life. As a rule, his properties are not subject to garnishment, seizure for debt, execution and the like, except in the following cases: a) any real action relating to private immovable property situated in the territory of the receiving State, unless the
iv)
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succession or inheritance taxes levied by the receiving State; [iv] dues and taxes on private income having its source in the receiving State and capital taxes on investments in commercial ventures in the receiving State; [v] charges levied for specific services rendered; and [vi] registration, court or record fees, mortgage dues and stamp duty, with respect to immovable property.
i)
v)
As part of the envoys immunity from local jurisdiction, the children born to him while he possesses diplomatic status are regarded as born in the territory of his home State.
The Vienna Convention also provides for exemption from all customs duties and taxes of articles for the official use of the mission and those for the personal use of the envoy or members of the family forming part of his household, including articles intended for his establishment. Baggage and effects are entitled to free entry and, normally, exempt from inspection; articles addressed to ambassadors, ministers, charge daffaires are also exempt from customs inspection.
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the Secretary of Foreign Affairs of the country where the consul is to serve; and b) Exequatur, which is the authorization given to the consul by the sovereign of the receiving state, allowing him to exercise his function within the territory. Functions. Generally, the functions pertain to commerce and navigation, issuance of visa (permit to visit his country), and such as are designed to protect nationals of the appointing state. Immunities and privileges. Under the 1963 Vienna Convention on Consular Relations, consuls are allowed freedom of communication in cipher or otherwise; inviolability of archives, but not of the premises where legal processes may be served and arrests made; exempt from local jurisdiction for offenses committed in the discharge of official functions, but not other offenses except minor infractions; exempt from testifying on official communications or on matters pertaining to consular functions; exempt from taxes, customs duties, military or jury service; and may display their national flag and emblem in the consulate. NOTE: These immunities and privileges are also available to the members of the consular post, their families and their private staff. Waiver of immunities may be made by the appointing state. Termination of consular mission. Usual modes of terminating official relationship; withdrawal of the exequatur; extinction of the state; war. NOTE: Severance of consular relations does not necessarily terminate diplomatic relations.