G.R. No. 125865 – 380 Phil. 673 – 355 SCRA 125 – Political Law – Public International Law – Diplomatic Immunity; Vienna Convention on Diplomatic Relations
Jeffrey Liang is an economist working at the Asian Development Bank. While within its premises, Liang allegedly uttered defamatory statements against a co-worker which resulted in criminal cases being filed against him. The municipal trial court issued warrants of arrests against him. Liang posted bail. Thereafter, the MTC received a notice (protocol) from the DFA advising it that Liang is immune from suit pursuant to an agreement between the ADB and the government. The MTC dismissed the cases. The prosecution elevated the cases to the RTC which set aside the dismissal issued by the MTC. Liang then elevated the matter to the Supreme Court.
ISSUE: Whether or not the proceedings against Liang should prosper.
HELD: Yes. The courts are not bound by the invocations of the DFA as to Liang’s immunity. Mere invocation will not suffice as it appears that the Agreement between the ADB and the government is not absolute:
Officers and staff of the Bank including for the purpose of this Article experts and consultants performing missions for the Bank shall enjoy the following privileges and immunities:
a.) immunity from legal process with respect to acts performed by them in their official capacity except when the Bank waives the immunity.
First, it must be proved that the act complained of was done in Liang’s official capacity. Second, slandering a person could not possibly be covered by the immunity agreement because our laws do not allow the commission of a crime, such as defamation, in the name of official duty.
Further, under the Vienna Convention on Diplomatic Relations, a diplomatic agent, assuming Liang is such, enjoys immunity from criminal jurisdiction of the receiving state except in the case of an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions. The commission of a crime is not part of official duty.
