Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1718)
The primary policy is that any and all 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 utilized by any foreign person or government to the prejudice or detriment of those corporations, entities, or individuals.
Documents or information can be sent or delivered if it is part of a regular practice of furnishing to a head office or parent company outside the Philippines; in connection with proposed business transactions; required for negotiations or conclusion of business transactions; in compliance with international agreements to which the Philippines is a party; or pursuant to authority granted by designated representatives of the President.
It includes originals and non-identical copies of all written, printed, typed, recorded, graphic, or photographic matter, or any other type of memorial, formal or informal, including computer-stored information, telexes, records, books of account, reports, memoranda, telegrams, notes, communication, charts, maps, expense accounts, surveys, bid materials, sales reports, price lists, and any record or device by which material is recorded or stored.
Philippine courts or administrative bodies shall not entertain the enforcement of any foreign judgment against Philippine entities without prior written clearance from designated representatives of the President, especially judgments involving multiple or punitive damages in antitrust proceedings, judgments relating to competition laws, claims for contribution in such damages, or proceedings relying on restricted documents or information.
The designated representative(s) of the President of the Philippines must be informed whenever a person is served any requirement, order, directive, or subpoena by any foreign legislative, administrative, or judicial authority involving restricted documents or information.
Any person who violates the decree or orders issued pursuant to it shall be punished by imprisonment of not more than three years or a fine of not more than 100,000 pesos, or both. If the offender is a corporation or juridical entity, the penalty is imposed on the officer(s) authorizing or permitting the violation.
It signifies that the documents and information detailed in the decree are deemed essential for the protection and advancement of the Philippines' economic development and that their unauthorized use by foreign persons or entities could harm national interests.
No. The decree restricts enforcement of foreign judgments and the furnishing of documents or information unless certain conditions are met, including prior clearance from government representatives, thus protecting Philippine economic interests from foreign interference.
If any section or provision is declared unconstitutional or invalid, the remaining sections or provisions of the Decree that are not affected shall continue to be in full force and effect.