Notes on Persona Non Grata (Local Government)

Notes on Persona Non Grata (Local Government)

1. What is a "persona non grata"?

The term "persona non grata" is a Latin phrase which means "an unwelcome person." Such practice of declaring a person as persona non grata is enshrined in the 1961 Vienna Convention on Diplomatic Relations. A diplomat who is no longer welcome to the government to which he is accredited is barred from remaining in the country and declared as persona non grata.[1]

2. Can the Sangguniang Panlalawigan declare a person as "persona non grata"?

Yes, a local legislative body may declare a person as a "persona non grata" through a resolution. Such practice has precedent. The City of Davao had previously declared Senator Antonio Trillanes as a "persona non grata" and the City of Manila had declared militant group "Panday Sining."[2] 

In Occidental Mindoro, the provincial government had declared the Communist Party of the Philippines – New People's Army (CPP-NPA) as persona non-grata through Resolution No. 159 S. 2020 dated May 05, 2020.

3. What is the legal effect of being declared "persona non grata"?

A resolution declaring a person as "persona non grata" is but a mere expression of sentiment or opinion of the local legislative body on a specific matter [3]

It may not have not a legal effect on its own, but it may be considered in decision-making processes in the government, most particularly where discretion on the part of authority is allowed. In the case of Eddie Digal, he was Project Manager for the National Irrigation Administration (NIA) who was declared as a persona non grata by government officials of Bohol, and was subsequently re-assigned by the NIA Administrator. The Civil Service Commission (CSC) sustained his reassignment, ciing "management prerogative" as he occupied third-level position (Career Executive Service (CES))[4]

4. Can a declaration as "persona non grata" be a basis for denial or limitation on the exercise of a legal right?

No. Respectfully submitting the opinion that, such a resolution cannot be the basis of a decision or government action in contravention of the law or against the lawful order of government authorities. In the case of Mayor Roberto A. Loquinte of Anahawan, Province of Southern Leyte, DILG Secretary Eduardo M. Ano that a resolution declaring the Mayor a persona non grata must not engender to prevent Mayor Loquinte from assuming his office and/or discharging his functions. If so, then such is "rephrensible." The DILG Secretary also advised the concerned local legislative body to act within the bounds of law and abide by duly-issued COMELEC Writ of Execution.[5]

[1] DILG Opinion No. 30 S. 2020 February 07, 2020

[2] Supra

[3] Supra

[4] RESOLUTION NO. 030284 dated March 05, 2003

[5] DILG Opinion No. 30 S. 2020 February 07, 2020