11 to prevent in any territory under its jurisdiction

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Unformatted text preview: wo principal sources, to wit: 1. Letter patent or letter ‘de provision – which is the commission issued by the sending State, and 240 2. Exequatur – which is the permission given them by the receiving State to perform their functions therein. Q: Do consuls enjoy their own immunities and privileges? A: Yes, but not to the same extent as those enjoyed by the diplomats. Like diplomats, consuls are entitled to: 1. Inviolability of their correspondence, archives and other documents 2. Freedom of movement and travel 3. Immunity from jurisdiction for acts performed in their official capacity; and 4. Exemption from certain taxes and customs duties However, consuls are liable to: 1. Arrest and punishment for grave offenses; and 2. May be required to give testimony, subject to certain exceptions. Note: Members of a consular post are under no obligation to give evidence on the following situations: a. Concerning matters connected with the exercise of their functions b.To produce official correspondence and documents c. To give evidence as expert witness with regard to the law of the sending State The consular offices are immune only: 1. With respect to that part where the consular work is being performed; and 2. May be expropriated by the receiving state for purposes of national defense or public utility. With respect to expropriation by the receiving State, steps shall be taken to avoid impeding the performance of consular functions, and prompt, adequate and effective compensation shall be paid by the sending State. Q: What are the differences between Diplomatic Immunity and Consular Immunity? A: DIPLOMATIC “Premises of the mission” includes the building or parts of building and the land irrespective of the ownership used for the purpose of the mission including the residence CONSULAR “Consular premises” includes the buildings or parts of buildings and the land irrespective of ownership used exclusively for the purposes of consular posts POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II...
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This document was uploaded on 03/12/2014.

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