1. Southeast Asian Fisheries Development Center (SEAFDEC), which was established by Burma, Cambodia, Indonesia, Japan, Laos, Malaysia, Philippines, Singapore, Thailand and Vietnam, for the purpose of contributing to the promotion of the fisheries development in Southeast Asia.
2. International Rice Research Institute (IRRI), which enjoys immunities accorded to international organizations. Presidential Decree No. 1620 provides:
Art. 3. Immunity from Legal Process. The Institute shall enjoy immunity from any penal, civil and administrative proceedings, except insofar as that immunity has been expressly waived by the Director-General of the Institute or his authorized representatives.
3. International Catholic Migration Commission (ICMC), which was accredited by the Philippine Government to operate the refugee processing center in Morong, Bataan. It’s a non-profit agency involved in international humanitarian and voluntary work.
4. Asian Development Bank (ADB). Being an international organization that has been extended diplomatic status, the ADB is independent of the municipal law. The Supreme Court, while cognizant of this immunity, also found that the immunity applies only to acts performed in an official capacity. Section 45 (a) of the Agreement Between the Asian Development Bank and the Government of the Republic of the Philippines Regarding the Headquarters of the Asian Development Bank provides:
Officers and staff of the Bank, including for the purpose of this Article experts and consultants performing missions for the Bank, shall enjoy the following privileges and immunities:
(a) Immunity from legal process with respect to acts performed by them in their official capacity except when the Bank waives the immunity.
The imputation of theft is ultra vires and cannot be part of official functions. It cannot possibly be covered by the immunity agreement because our laws do not allow the commission of a crime, such as defamation, in the name of official duty.
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