Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1718)
The main policy declared is that any documents and information possessed by Philippine corporations, entities, or individuals engaged in national economic development programs are vital to the national interest and should not be used by foreign persons or governments to the prejudice or detriment of said entities.
It applies to Philippine corporations, entities or individuals doing business in the pursuit of national economic development programs and/or engaged in development, promotion, protection, and export of Philippine products.
The Decree covers originals and non-identical copies of all written, printed, typed, recorded, graphic or photographic material, sound recordings, information stored in computers, including telexes, books of account, reports, minutes, telegrams, diaries, notes, inter-office communications, maps, expense accounts, surveys, stenographers notebooks, sales reports, price lists, and any other writings or papers, including summaries or extracts of such materials.
No person shall take, send, remove from the Philippines, or deliver in any form to a foreign person or government any document or information related to business carried on in the Philippines unless it falls under specified exceptions like regular practice with head off-ice, business transactions, compliance with international agreements, or with authority from designated representatives of the President.
Violators shall be punished by imprisonment of not more than three years or a fine of not more than P100,000, or both. For corporations or juridical entities, the penalty applies to the officers authorizing or tolerating the violation.
They are authorized to grant approval for the taking, sending, or removal of documents abroad, to provide clearance before enforcement of foreign judgments, and to determine if compliance with foreign legislative, administrative or judicial requirements involving covered documents should be made.
No. Enforcement of foreign judgments involving multiple damages in anti-trust claims, judgments concerning anti-trust law provisions, claims for contribution related to such judgments, or those based on restricted documents used as evidence are not entertained without prior written clearance from the designated Presidential representatives.
Judgments for multiple damages from alleged anti-trust proceedings, judgments related to laws regulating anti-competitive agreements or practices, contribution claims linked to such judgments, and proceedings relying on restricted documents as evidence all require prior clearance.
They must inform the designated representative(s) of the President, who will then determine whether or not compliance with the foreign requirement shall be made.
If any section or provision is declared unconstitutional or invalid, the remaining provisions not affected thereby shall continue to be in full force and effect.