Question & AnswerQ&A (BATAS PAMBANSA BLG. 39)
The short title of Batas Pambansa Blg. 39 is the "Foreign Agents Act of 1979."
The primary purpose of the Foreign Agents Act of 1979 is to regulate the activities of foreign agents and require their registration and disclosure of political activities in the Philippines for reasons of national security and interest.
A "foreign agent" is any person who acts or agrees to act as a political consultant, public relations counsel, publicity agent, information representative, or as agent, servant, representative, or attorney for a foreign principal or any domestic organization subsidized in whole or in part by a foreign principal. Accredited diplomatic or consular officers and bona fide members of foreign press organizations acting within legitimate functions are excluded.
A foreign principal refers to the government of a foreign country or foreign political party; a foreigner located within or outside the Philippines; or any partnership, association, corporation, or entity owned or controlled by foreigners.
A foreign agent must file a true and complete registration statement under oath with the Ministry of Justice including details such as name and business addresses, name of foreign principal, copies of contracts or statement of terms, compensation details, activities undertaken, and, if applicable, organizational instruments such as articles of incorporation.
The Act does not apply to persons engaging only in private and non-political activities in furtherance of bona fide trade or commerce, bona fide charitable, religious, scholastic, academic, artistic or scientific activities, or legal representation before courts or government agencies, provided such legal representation does not include attempts to influence government officials beyond their official business.
Violators are liable on conviction to imprisonment for up to five years, a fine of up to P10,000, or both. For corporate violators, penalties apply to officers such as the president or managing director. Foreign offenders are subject to deportation after serving penalties.
They must file two copies of the political propaganda with the Ministry of Justice within 48 hours of transmission, including information on the places, times, and extent of dissemination. Failure to do so constitutes an offense under the Act.
No. It is unlawful for any public officer or employee or their spouse to act as a foreign agent, except when the government employs foreign agents for national interest as certified by the head of the employing agency.
Yes. The Minister of Justice shall keep all registration statements as public records open for public examination and inspection under prescribed rules to ensure transparency.