PROVIDING FOR INCENTIVES IN THE PURSUIT OF ECONOMIC DEVELOPMENT PROGRAMS BY RESTRICTING THE USE OF DOCUMENTS AND INFORMATION VITAL TO THE NATIONAL INTEREST IN CERTAIN PROCEEDING…

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;

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 judgements 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:

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.

SEC. 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 the proposed business transactions requiring the furnishing of
the document or information, or is required or necessary for negotiations or
conclusion 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.

SEC. 3. For the purposes of this Decree, the tern “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, surveys, bid materials, stenographers
notebooks, sales reports, price lists, and all other 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.

SEC. 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:

1. 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;
2. 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 designed 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:
3. A judgment on a claim for contribution in respect of damages awarded by a
   judgment falling within paragraph (a) or (b); or
4. Any proceeding in which any of the restricted documents or information has
   been made the basis of or used in evidence to support the judgment
   therein.

SEC. 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 objective of this Decree.

SEC. 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 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.

SEC. 7. All provisions of existing laws, orders, and
regulations contrary to or inconsistent with this Decree are hereby repealed or
modified accordingly.

SEC. 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 not affected thereby shall continue in full
force and effect.

SEC. 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.

			(Sgd.) FERDINAND E. MARCOS President of the Philippines
	By the President:
	(Sgd.) JOAQUIN T. VENUS, JR.
		Presidential Assistant