QuestionsQuestions (PRESIDENTIAL DECREE NO. 1807)
PD 1807 prescribes the procedure and conditions under which the Republic of the Philippines may waive sovereign immunity from suit and other legal proceedings in connection with foreign obligations contracted by it pursuant to law.
In instances where the law expressly authorizes the Republic to contract or incur a foreign obligation, it may consent to be sued in connection with that foreign obligation.
The President of the Philippines or his duly designated representative may, on behalf of the Republic, contractually agree to waive sovereign immunity.
The waiver may cover claims to sovereign immunity from suit or legal proceedings and from set-off, attachment, or execution with respect to its property.
The Republic may agree to be sued in any appropriate jurisdiction regarding the foreign obligation.
A foreign obligation is any direct, indirect, or contingent obligation or liability capable of pecuniary estimation and payable in a currency other than Philippine currency.
It includes direct, indirect, and contingent obligations or liabilities, as long as they are capable of pecuniary estimation and payable in foreign currency.
PD 1807 itself authorizes the President or duly designated representative to enter into contractual agreements waiving sovereign immunity on behalf of the Republic in foreign-obligation situations covered by laws expressly authorizing such obligations.
The waiver can be made only in instances where the law expressly authorizes the Republic to contract or incur the foreign obligation.
The waiver may include sovereign immunity from set-off, attachment, or execution with respect to the Republic’s property.
No. Section 2 states that nothing in PD 1807 shall be construed to revoke or repeal any existing waiver granted under or pursuant to other provisions of law.
It took effect immediately upon its enactment on January 16, 1981.
Because the decree limits waivers of sovereign immunity to situations where the legal authority exists for the Republic to incur or contract the foreign obligation, ensuring the waiver is grounded on an express statutory authorization.
No. Under PD 1807, the foreign obligation must be payable in a currency other than Philippine currency.
No. PD 1807 conditions waiver on the existence of an express legal authorization for the Republic to contract or incur the foreign obligation.
Yes. PD 1807 provides that in legally authorized cases, the President or designated representative may contractually agree to waive sovereign immunity as specified in the decree.