A. The right of legation.

Also known as the right of diplomatic

intercourse, this refers to the right of the State to send and receive
diplomatic missions, which enables States to carry on friendly
intercourse. It is not a natural or inherent right, but exists only by
common consent. No legal liability is incurred by the State for
refusing to send or receive diplomatic representatives. Governed by
the Vienna Convention on Diplomatic Relations (1961).
1. Agents of Diplomatic Intercourse.
a) Head of State. He is the embodiment of, and represents, the
sovereignty of the State, and enjoys the right to special protection
for his physical safety and the preservation of his honor and
reputation. His quarters, archives, property and means of
transportation are inviolate under the principle of exterritoriality. He
is immune from criminal and civil jurisdiction, except when he
himself is the plaintiff, and is not subject to tax or exchange or
currency restrictions. See Mighell v. Sultan of Johore, supra..
b) The Foreign Office. The actual day-to-day conduct of foreign
affairs is usually entrusted to a Foreign Office, headed by a
Secretary or a Minister, who, in proper cases, may make binding
declarations on behalf of his government [Legal Status of Eastern
Greenland].
2. Establishment of Resident Missions. States carry on diplomatic
intercourse through permanent missions established in the capitals
of other States. The mission is composed of:
a) Head of Mission. The Vienna Convention classifies the heads of
mission into:
i) Ambassadors or nuncios accredited to Heads of State, and other
heads of mission of equivalent rank;
ii) Envoys, ministers and internuncios, accredited to Heads of State;
and
iii) Charges daffaires, accredited to Ministers of Foreign Affairs.
b) Diplomatic Staff, composed of those engaged in diplomatic
activities and are accorded diplomatic rank.
c) Administrative and Technical Staff, consisting of those employed
in the administrative and technical service of the mission.
d) Service Staff, i.e., those engaged in the domestic service of the
mission.

3. The Diplomatic Corps. According to custom, all diplomatic envoys

accredited to the same State form a body known as the Diplomatic
Corps. The doyen or head of this body is usually the Papal Nuncio,
if there is one, or the oldest ambassador, or, in the absence of
ambassadors, the oldest minister plenipotentiary.
4. Appointment of Envoys. In the Philippines, it is the President who
appoints [Sec. 16, Art. VII, Philippine Constitution], sends and
instructs the diplomatic and consular representatives, and his
prerogative to determine the assignment of the countrys diplomatic
representatives cannot be questioned [De Perio-Santos v. Macaraig,
G.R. No. 94070, April 10, 1992].
a) The sending State is not absolutely free in the choice of its
diplomatic representatives, especially heads of mission, because
the receiving State has the right to refuse to receive as envoy of
another State a person whom it considers unacceptable. To avoid
embarrassment, States resort to an informal inquiry [enquiry] as to
the acceptability of a particular envoy, to which the receiving State
responds with an informal conformity [agrement]. This informal
process is known as agreation.
b) With the informal process concluded, the diplomatic mission then
commences when the envoy presents himself at the receiving State,
generally armed with the following papers: (i) Lettre de creance
(letter of credence), with the name, rank and general character of
the mission, and a request for favorable reception and full credence;
(ii) diplomatic passport authorizing his travel; (iii) instructions, which
may include a document of full powers (pleins pouvoirs] authorizing
him to negotiate on extraordinary or special business; and (iv)
cipher, or code or secret key, for communications with his country.
5. Functions and duties. The main functions of a diplomatic mission
are: a) representing the sending State in the receiving State; b)
Protecting in the receiving State the interests of the sending State
and its nationals, within the limits allowed by international law; c)
negotiating with the government of the receiving State; d)
ascertaining, by all lawful means, the conditions and developments
in the receiving State and reporting these to the sending State; and
e) promoting friendly relations between the sending State and the
receiving State, and developing their economic, cultural and
scientific relations.
6. Diplomatic immunities and privileges. Except as provided below,
the following diplomatic immunities and privileges shall be enjoyed

by the envoy and the members of the diplomatic retinue, i.e., the
administrative and technical staff.
a) Personal inviolability. The person of the diplomatic representative
is inviolable; he shall not be liable to any form of arrest or detention.
The receiving State shall treat him with due respect and take all
steps to prevent any attack on his person, freedom or dignity. In the
Philippines, R.A. 75 punishes, on the basis of reciprocity, any person
who assaults, strikes, wounds, offers violence to the person of the
ambassador or minister (except if done in self-defense). The UN
Convention on the Prevention and Punishment of Crimes Against
Internationally Protected Persons considers crimes against
diplomatic agents as international, not political, in nature. However,
the diplomatic envoy may be arrested temporarily in case of urgent
danger, such as when he commits an act of violence which makes it
necessary to put him under restraint for the purpose of preventing
similar acts; but he must be released and sent home in due time.
b) Inviolability of premises and archives. The premises occupied by
a diplomatic mission, as well as the private residence of the
diplomatic agent, are inviolable. The agents of the receiving State
may not enter without the consent of the envoy, except in extreme
cases of necessity, e.g., when the premises are on fire, or where
there is imminent danger that a crime of violence is to be
perpetrated in the premises. Such premises cannot be entered or
searched, and neither can the goods, records and archives be
detained by local authorities even under process of law.
i) The service of writs, summons, orders or processes within the
premises of the mission or residence of the envoy is prohibited.
Even if a criminal takes refuge within the premises, the peace
officers cannot break into such premises for the purpose of
apprehending him. The fugitive should, however, be surrendered
upon demand by local authorities, except when the right of asylum
exists. But if it is the ambassador himself who requests local police
assistance, this privilege cannot be invoked [Fatemi v. U.S.].
ii) The Vienna Convention provides that the receiving State has the
special duty to protect diplomatic premises against invasion,
damage, or any act tending to disrupt the peace and dignity of the
mission. However, in Reyes v. Bagatsing, 125 SCRA 553, the
Supreme Court held as invalid the denial by the Mayor of the
application for a permit to hold a public assembly in front of the U.S.
Embassy, there being no showing of a clear and present danger that
might arise as a result of such a rally.

iii) The premises of the mission, their furnishings and other property
thereon, and the means of transport of the mission shall be immune
from search, requisition, attachment or execution. Inviolability also
extends to the archives, documents, papers and correspondence of
the mission at all times and wherever they may be, and the
receiving State has the duty to respect and protect their confidential
character.
iv) Unless the right is recognized by treaty or by local usage, an
envoy should not permit the premises of his mission or his residence
to be used as a place of asylum for fugitives from justice. An envoy
may, however, in the interests of humanity, afford temporary
shelter to persons in imminent peril of their lives, such as those
fleeing from mob violence.
c) Right of official communication. The right of an envoy to
communicate with his government fully and freely is universally
recognized. The mission may employ all appropriate means to send
and receive messages, whether ordinary or in cipher, by any of the
usual modes of communication or by means of diplomatic couriers.
Because of this right, the diplomatic pouch and diplomatic couriers
shall also enjoy inviolability.
d) Immunity from local jurisdiction. Under the 1961 Vienna
Convention on Diplomatic Relations, a diplomatic agent shall enjoy
immunity from criminal jurisdiction of the receiving State. Thus, he
cannot be arrested, prosecuted and punished for any offense he
may commit, unless his immunity is waived. But immunity from
jurisdiction does not mean exemption from local law; it does not
presuppose a right to violate the laws of the receiving State.
Diplomatic privilege does not import immunity from legal liability
but only exemption from local jurisdiction [Dickinson v. Del Solar, 1
K.B. 376].
i) The diplomatic agent also enjoys immunity from the civil and
administrative jurisdiction of the receiving State, and thus, no civil
action of any kind may be brought against him, even with respect to
matters concerning his private life. As a rule, his properties are not
subject to garnishment, seizure for debt, execution and the like,
except in the following cases: a) any real action relating to private
immovable property situated in the territory of the receiving State,
unless the envoy holds it on behalf of the sending State for the
purposes of the mission; b) an action relating to succession in which
the diplomatic agent is involved as executor, administrator, heir or
legatee as a private person and not on behalf of the sending State;
and c) an action relating to any professional or commercial activity

exercised by the diplomatic agent in the receiving State outside his

official functions.
ii) This immunity also means that the diplomatic agent cannot be
compelled to testify, not even by deposition, without the consent of
his government, before any judicial or administrative tribunal in the
receiving State.
iii) However, see Minucher v. Court of Appeals, G.R. No. 97765,
September 24, 1992, where the Supreme Court held that the act of
private respondent Drug Enforcement Agent of the U.S. in the
frame-up of petitioner was unauthorized and could not be
considered performed in the discharge of official functions, despite
a belated diplomatic note from the US Embassy; thus, suit against
the private respondent was upheld, being a suit against him in his
personal and private capacity. See also Shauf v. Court of Appeals,
191 SCRA 713, where it was held that the immunity does not
protect a public official who commits unauthorized acts, inasmuch
as such unauthorized acts are not acts of State. Accordingly, he may
be sued for such unlawful acts in his private capacity.
iv) Subject to the rule on reciprocity, Republic Act No. 75 declares as
void any writ or process issued out or prosecuted by any person in
any court of the Philippines, or by any judge or justice, whereby the
person of any ambassador or public minister of any foreign State,
authorized and received as such by the President, or any domestic
servant of any such ambassador or minister, is arrested or
imprisoned, or his goods or chattels distrained, seized or attached;
and penalties are imposed for violation of this provision. However,
this privilege is not granted to: [a] citizens/inhabitants of the
Philippines, where the process is founded upon a debt contracted
before his employment in the diplomatic service; and [b] domestic
servants of the ambassador or minister whose names are not
registered with the Department of Foreign Affairs.
v) As part of the envoys immunity from local jurisdiction, the
children born to him while he possesses diplomatic status are
regarded as born in the territory of his home State.
e) Exemption from taxes and customs duties. Under the Vienna
Convention, diplomatic agents are exempt from all dues and taxes,
whether personal or real, national, regional or municipal, except the
following: [i] indirect taxes normally incorporated in the price of
goods or services; [ii] dues and taxes on private immovable
property situated in the territory of the receiving State, unless he
holds it on behalf of the sending State for purposes of the mission;

[iii] estate, succession or inheritance taxes levied by the receiving

State; [iv] dues and taxes on private income having its source in the
receiving State and capital taxes on investments in commercial
ventures in the receiving State; [v] charges levied for specific
services rendered; and [vi] registration, court or record fees,
mortgage dues and stamp duty, with respect to immovable
property.
i) The Vienna Convention also provides for exemption from all
customs duties and taxes of articles for the official use of the
mission and those for the personal use of the envoy or members of
the family forming part of his household, including articles intended
for his establishment. Baggage and effects are entitled to free entry
and, normally, exempt from inspection; articles addressed to
ambassadors, ministers, charge daffaires are also exempt from
customs inspection.
f) Other privileges, which include freedom of movement and travel
in the territory of the receiving State; exemption from all personal
services and military obligations; the use of the flag and emblem of
the sending State on the diplomatic premises and the residence and
means of transport of the head of mission.
7. Duration of immunities/privileges. The privileges are enjoyed by
the envoy from the moment he enters the territory of the receiving
State, and shall cease only the moment he leaves the country, or on
expiry of a reasonable time in which to do so; although with respect
to official acts, immunity shall continue indefinitely. These privileges
are available even in transitu, when traveling through a third State
on the way to or from the receiving State.
8. Waiver of immunities. Diplomatic privileges may be waived, but
as a rule, the waiver cannot be made by the individual concerned
since such immunities are not personal to him. Waiver may be made
only by the government of the sending State if it concerns the
immunities of the head of mission; in other cases, the waiver may
be made either by the government or by the chief of mission.
Waiver of this privilege, however, does not include waiver of the
immunity in respect of the execution of judgment; a separate waiver
for the latter is necessary.
9. Termination of diplomatic mission. The usual modes of
terminating official relations, such as death, resignation, removal or
abolition of office, will terminate the diplomatic mission. Other
modes are recall by the sending State, dismissal by the receiving
State, war between the receiving and the sending States, or the

extinction of the State.

B. Consular Relations. Consuls are State agents residing abroad for
various purposes but mainly in the interest of commerce and
navigation.
1. Kinds of Consuls:
a) Consules missi are professional and career consuls, and nationals
of the appointing state.
b) Consules electi are selected by the appointing state either from
its own citizens or from among nationals abroad.
2. Ranks:
a) Consul General, who heads several consular districts, or one
exceptionally large consular district.
b) Consul, who takes charge of a small district or town or port
c) Vice Consul, who assists the consul
d) Consular agent, who is usually entrusted with the performance of
certain functions by the consul.
3. Appointment. Two important documents are necessary before the
assumption of consular functions, namely:
a) Letters patent [lettre de provision], which is the letter of
appointment or commission which is transmitted by the sending
state to the Secretary of Foreign Affairs of the country where the
consul is to serve; and
b) Exequatur, which is the authorization given to the consul by the
sovereign of the receiving state, allowing him to exercise his
function within the territory.
4. Functions. Generally, the functions pertain to commerce and
navigation, issuance of visa (permit to visit his country), and such as
are designed to protect nationals of the appointing state.
5. Immunities and privileges. Under the 1963 Vienna Convention on
Consular Relations, consuls are allowed freedom of communication
in cipher or otherwise; inviolability of archives, but not of the
premises where legal processes may be served and arrests made;
exempt from local jurisdiction for offenses committed in the
discharge of official functions, but not other offenses except minor
infractions; exempt from testifying on official communications or on
matters pertaining to consular functions; exempt from taxes,

customs duties, military or jury service; and may display their

national flag and emblem in the consulate.
a) These immunities and privileges are also available to the
members of the consular post, their families and their private staff.
Waiver of immunities may be made by the appointing state.
6. Termination of consular mission. Usual modes of terminating
official relationship; withdrawal of the exequatur; extinction of the
state; war.
a) Severance of consular relations does not necessarily terminate
diplomatic relations.