Title
Incentives for Economic Development Protection
Law
Presidential Decree No. 1718
Decision Date
Jul 21, 1980
Ferdinand E. Marcos establishes a policy to protect vital documents and information of Philippine businesses from foreign interference, restricting their use in legal proceedings and requiring presidential clearance for compliance with foreign judgments.
A

Restrictions on Removal and Disclosure of Documents

  • Prohibits any taking, sending, removal, or delivery of documents or information outside Philippine jurisdiction without proper authorization.
  • Exceptions include routine communication with head or parent companies abroad, necessary business transactions, negotiations, compliance with international agreements, or authority from the President’s designated representatives.

Comprehensive Definition of "Document or Information"

  • Includes originals and all non-identical copies of written, printed, typed, recorded, graphic, or photographic materials.
  • Covers a broad array of documents: telexes, records, books, reports, minutes, telegrams, diaries, appointment logs, notes, inter/intra-office communications, charts, maps, financial accounts, surveys, bids, stenographer notes, sales reports, and price lists.
  • Extends to any recorded or stored material on devices, including computer-stored information.

Limitations on Enforcement of Foreign Judgments

  • Philippine courts or administrative bodies shall not enforce foreign judgments without prior written clearance from the President’s representatives in cases involving:
    • Multiple, double, treble damages related to anti-trust proceedings.
    • Judgments based on restraint of competition laws or promotion of business competition.
    • Claims for contribution related to such damages.
    • Proceedings where restricted documents or information were used as evidence.

Notification and Determination on Foreign Requirements

  • Mandates reporting to the President’s designated representatives upon service of foreign requirements, orders, directives, or subpoenas involving restricted documents.
  • The designated representatives determine compliance.
  • The President shall promulgate necessary implementing rules and regulations.

Penalties for Violation

  • Violators face imprisonment up to three (3) years or a fine up to ₱100,000, or both, at the court's discretion.
  • In case of corporate violations, penalties apply to responsible officers authorizing, permitting, or tolerating the violation.

Repeal and Modification of Conflicting Laws

  • All existing laws, orders, and regulations inconsistent or contrary to this Decree are repealed or modified as needed.

Severability Clause

  • If any section or provision is declared unconstitutional or invalid, the other unaffected provisions remain effective and in full force.

Effectivity

  • The Decree takes effect immediately upon promulgation.

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