Press Release
January 22, 2009

MIRIAM WARNS HOUSE ON WB EXECS

Senator Miriam Defensor Santiago, an international law expert, wants the House of Representatives to "exercise prudence" in the proposed plan to issue subpoeanas to World Bank executives in Manila, in connection with the disqualification of certain Filipino contractors.

According to newspaper reports, the public works committee of the House of Representatives warned that World Bank officials may face sanctions from the House if they fail to attend its hearing next week.

"Under international law, the House of Representatives has no power to compel the presence and testimony of the World Bank officials," Santiago said.

Santiago cited the United Nations Convention on Privileges and Immunities of Specialized Agencies.

Under Article VI, Section 19 (a) of the Convention, officials of the World Bank are "immune from legal process in respect of words spoken or written and in all acts performed by them in their official capacity."

Santiago explained that the only way the World Bank officials can testify before the House is if the World Bank waives their immunity, and directs them to testify before a congressional hearing.

Article VI, Section 22 of the same Convention provides:

"Privileges and immunities are granted to officials in the interests of the specialized agencies only and not for the personal benefit of the individuals themselves.. Each specialized agency shall have the right and duty to waive the immunity of any official in any case where, in its opinion, the immunity would impede the course of justice and can be waived without prejudice to the interests of the specialized agency."

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