WHEREAS,
the Government promotes, encourages and assists the business sector in
its active participation in development programs designed to implement
prescribed policies of the State; chanroblesvirtualawlibrary
WHEREAS, in pursuance of such programs and in order to achieve the
desired goals and objectives, the Government has authorized certain
activities, measures, and undertakings to be done by the private
sector; and
WHEREAS, the Government should provide protection to all persons and
entities carrying out the economic development programs against the
enforcement of certain requirements, orders and judgments of foreign
authorities which operate to impose upon this nation their own economic
policies, concepts and ideas; perpetuate the economic advantages of the
industrial countries over the developing nations; favor foreign
competitors; and embarrass, disrupt, or damage business carried on in
the country.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree: chanroblesvirtualawlibrary
Section 1. It is hereby declared a policy of the
State that any and all documents and information possessed by or in the
custody of Philippine corporations, entities or individuals doing
business in the pursuit of the national economic development programs
of the Government and/or engaged in the development, promotion,
protection and export of Philippine products to increase foreign
currency revenues, are vital to the national interest and should not be
utilized by any foreign person or government to the prejudice and/or
detriment of said corporations, entities or individuals, including
their officers and employees.
Section 2. To implement this policy, no person shall
take or cause to be taken, send or cause to be sent, or remove or
caused to be removed from the territorial jurisdiction of the
Philippines, or deliver in any manner or form to any foreign person or
government or its agent or representative, any document or information
as herein defined relating in any manner to any business carried on in
the Philippines, unless such taking, sending or removal is consistent
with and forms part of a regular practice of furnishing to a head
office or parent company or organization outside of the Philippines, or
is in connection with a proposed business transactions requiring the
furnishing of the document or information, or is required or necessary
for negotiations or conclusions of business transactions, or is in
compliance with an international agreement to which the Philippines is
a party, or is made pursuant to the authority granted by the designated
representative(s) of the President as herein described.
Section 3. For the purposes of this Decree, the term
"document or information" shall include, but not be limited to, the
originals (and all copies which are non-identical whether by means of
notation or otherwise) of all written, printed, typed, recorded,
graphic, or photographic matter, or any other type of memorial, formal
or informal, located in the Philippines (including sound recordings and
information stored in computers) whether or not in the possession,
custody, or control of the person against whom the foreign requirement,
order, direction, or subpoena is directed, including, but not limited
to: telexes, records, books of account, reports, minutes, memoranda,
telegrams, diaries, appointment books, log books, desk calendars,
notes, inter-office or intra-office communications, bulletins, charts,
circulars, maps, expense accounts, working papers, survey, bid
materials, stenographer's notebooks, sales reports, price lists, and
all others writings and papers similar to the foregoing, however
denominated, including any record or device by means of which material
is recorded or stored, and resume, digest or extract of any such
material. chanroblesvirtualawlibrary
Section 4. No action enforcement of any foreign
judgment rendered against any Philippine corporation, entity or
individual shall be entertained or given due course by any Philippine
court or administrative body without prior written clearance from the
designated representative(s) of the President in any of the following:cralaw:red
a) A judgment for multiple damages or for an amount
arrived at by doubling, trebling or otherwise multiplying a sum
assessed as compensation for the loss or damage sustained by the person
in whose favor judgment is rendered arising out of an alleged
anti-trust proceedings;chanroblesvirtualawlibrary
b) A judgment based on a provision or rule of law
which relates to, or is concerned with, the prohibition or regulation
of agreements, arrangements or practices designated to restrain,
distort or restrict competition in the carrying on of business of any
description, or otherwise relates to, or is concerned with, the
promotion of competition;chanroblesvirtualawlibrary
c) A judgment on a claim for contribution in respect
of damages awarded by a judgment falling within paragraph (a) or (b); or
d) Any proceeding in which any of the restricted
documents or information has been made the basis of or used in evidence
to support judgment therein.
Section 5. Any person who is served or issued any
requirement, order, directive or subpoena of any legislative,
administrative or judicial authority in any jurisdiction outside of the
Philippines involving said documents or information shall inform the
designated representative(s) of the President of the Philippines of
such service/requirement who shall then determine whether or not
compliance shall be made. For this purpose, the President of the
Philippines shall promulgate rules, regulations and/or instructions
necessary to carry and/or implement the objectives of this Decree.
Section 6. Any person who shall violate the
provisions of this Decree or any order issued by the President/Prime
Minister pursuant to this Decree shall, upon conviction, be punished by
imprisonment of not more than three (3) years or a fine of not more
than P100,000.00 or both, in the discretion of the court. In case of
the offender is a corporation, partnership or any juridical entity, the
penalty shall be imposed on the officer or officers authorizing,
permitting or tolerating the violation.
Section 7. All provisions of existing laws, orders,
and regulations contrary to or inconsistent with this Decree are hereby
repealed or modified accordingly.
Section 8. If, for any reason, any section or
provision of this Decree is declared to be unconstitutional or invalid,
the other sections or provisions of this Decree which are affected
thereby shall continue in full force and effect.
Section 9. This Decree shall take effect immediately.
Done in the City of Manila,
this 21st day of August, in the year of Our Lord, nineteen hundred and
eighty.
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