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The general rule is that the jurisdiction of a state within its territory is complete and absolute.
However, there are two categories of exceptions to this rule. The first is sovereign immunity and
the second is the immunity of the representative of states or diplomatic and consular immunities.
Sovereign immunity covers both a head of state and the state itself.1
a. Right of Legation
Also known as the right of diplomatic intercourse, 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.2
Legation may either be active or passive. Active right of legation is the right of a state to send
diplomatic representatives to other states. Passive right of legation is the right of a state to
receive diplomatic representatives from other states.
Legation is not an obligation under public international law, it is purely consensual and based
on voluntary consent.
c. Diplomatic Corps
The diplomatic corps or service is the collective body of foreign diplomats accredited to a
particular country or body.3
Article 3 of the Vienna Convention on Diplomatic Relations provides the functions of a
diplomatic mission, namely: (a) Representing the sending State in the receiving State; (b)
Protecting in the receiving State the interests of the sending State and of its nationals, within the
limits permitted by international law; (c) Negotiating with the Government of the receiving
State; (d) Ascertaining by all lawful means conditions and developments in the receiving State,
1 Bernas, J. G. (2009). INTRODUCTION TO PUBLIC INTERNATIONAL LAW. Quezon City: REX pRilMTiNq COMpANy, ilNC.
4 Ibid., 1.
5 MINUCHER vs. HON. COURT OF APPEALS, G.R. No. 142396, February 11, 2003
7 LIANG vs. PEOPLE OF THE PHILIPPINES, G.R. No. 125865, January 28, 2000
d.2. 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. 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.
x x x it is then the duty of the courts to accept the claim of immunity upon appropriate
suggestion by the principal law officer of the government x x x. Courts may not so exercise their
jurisdiction by seizure and detention of property, as to embarrass the executive arm of the
government in conducting foreign relations.9
10 THE REPUBLIC OF INDONESIA vs. VINZON, G.R. No. 154705. June 26, 2003
d.6. 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.15
12 THE HOLY SEE vs. ROSARIO, G.R. No. 101949, December 1, 1994
13 DEPARTMENT OF FOREIGN AFFAIRS vs. NATIONAL LABOR RELATIONS COMMISSION, G.R. No. 113191, September 18, 1996
The receiving state will then issue a document known as agrement. This is a document
signifying the consent of the receiving state in so far as the appointment of the diplomatic
representative by the sending state.
The diplomatic representative will then present his proof of accreditation to the receiving
state. This document is known as the letter of credence.
g. Duration of Immunity
15 Ibid., 1.
16 Ibid.
17 DEUTSCHE GESELLSCHAFT TECHNISCHE ZUSAMMENARBEIT (GTZ) v. HON.COURT OF APPEALS G.R. No. 152318, April 16,
2009
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. These privileges are available even in transitu, when traveling
through a third State on the way to or from the receiving State.18
i. Kinds of Consul
Consuls are not concerned with political matters. They attend rather to administrative and
economic issues such as the issuance of visas.19 A consulate is an office established by the
sending state for the purpose of supporting or protecting its citizens travelling or residing within
the territory of the receiving state.
Article 12 of the Vienna Convention on Consular Relations states that, the head of a consular
post is admitted to the exercise of his functions by an authorization from the receiving State
termed as exequatur, whatever the form of his authorization. The head of a consular post shall
not enter upon his duties until he has received an exequatur. A letter of patent then is issued to the
consul showing his credentials. Such document is still subject to review by the receiving state.
Article 9 of the Vienna Convention on Consular Relations provides the four classes of consul,
namely: (a) consuls-general; (b) consuls; (c) vice-consuls; and (d) consular agents.
18 Ibid.
19 Bernas, J. G. (2009). INTRODUCTION TO PUBLIC INTERNATIONAL LAW. Quezon City: REX pRilMTiNq COMpANy, ilNC.