What are international organizations? What is their nature?

International organizations are institutions constituted by international agreement between two or more States to accomplish common goals.  The legal personality of these international organizations has been recognized not only in municipal law, but in international law as well.

Permanent international commissions and administrative bodies have been created by the agreement of a considerable number of States for a variety of international purposes, economic or social and mainly non-political.  In so far as they are autonomous and beyond the control of any one State, they have distinct juridical personality independent of the municipal law of the State where they are situated. As such, they are deemed to possess a species of international personality of their own. (SEAFDEC-AQD v. NLRC, 206 SCRA 283, Feb. 14, 1992)

What is the rationale for the grant of immunity to international organizations?

● The objective for the grant of immunity from local jurisdiction is to avoid the danger of partiality and interference by the host country in the internal workings of these international organizations or agencies. It is intended to shield the organization from political pressure or control by the host country to the prejudice of member States of the organization, and to ensure the unhampered performance of their functions.

● One of the basic immunities of an international organization is immunity from local jurisdiction, i.e., that it is immune from the legal writs and processes issued by the tribunals of the country where it is found. The obvious reason for this is that the subjection of such an organization to the authority of the local courts would afford a convenient medium thru which the host government may interfere in there operations or even influence or control its policies and decisions of the organization; besides, such subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities impartially on behalf of its member-states. In the case at bar, for instance, the entertainment by the National Labor Relations Commission of Mr. Madamba's reinstatement cases would amount to interference by the Philippine Government in the management decisions of the SEARCA governing board; even worse, it could compromise the desired impartiality of the organization since it will have to suit its actuations to the requirements of Philippine law, which may not necessarily coincide with the interests of the other member-states. It is precisely to forestall these possibilities that in cases where the extent of the immunity is specified in the enabling instruments of international organizations, jurisdictional immunity from the host country is invariably among the first accorded. (SEAFDEC-AQD v. NLRC, 206 SCRA 283, Feb. 14, 1992)

What are examples of international organizations, other than the UN, that have been accorded immunity in the Philippines?

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.