Case Title
Liang v. People of the Philippines
G.R. No. & Date
G.R. No. 125865, 28 January 2000
Facts
Jeffrey Liang, an economist working with Asian Development Bank (ADB), was charged before MeTC for grave oral defamation against co-worker Joyce Cabal, a member of the cerical staff. MeTC, intervened by Department of Foreign Affairs, dismissed the 2 criminal cases (without notifying the prosecution) stating that Liang enjoyed immunity from legal processes under the agreement of ADB and the Philippine Government. Upon petition for certiorari and mandamus filed by the prosecution, the RTC later reversed the decision and order the MeTC to enforce the arrest warrant. Liang then sought review before the Supreme Court.
Issue
Does the immunity under Section 45 of the ADB and Philippines Headquarters Agreement cover alleged defamatory acts committed by an ADB official?
Ruling
No. The Supreme Court ruled that the immunity granted to ADB officials is not absolute. It applies only to acts within the scope of official duties. Slandering a private individual is not an official act and therefore not covered by the Agreement’s immunity. The Court also emphasized that immunity communications from the DFA are preliminary and not binding on courts. The MeTC violated due process by dismissing the cases without allowing the prosecution to present evidence. The Supreme Court denied Liang’s petition
Doctrine
International or organizational immunity is limited to acts performed in an official capacity. Conduct falling outside official duties (particularly defamatory or criminal acts) cannot be protected by such immunity. Courts cannot automatically accept DFA declarations without allowing judicial inquiry. Due process requires that both the accused and the prosecution be given the opportunity to present evidence.
Codal Provision/s
- Section 45(a), Agreement Between the Asian Development Bank and the Philippine Government (immunity from legal process for official acts)
- Article 14, Civil Code of the Philippines (application of international law and treaties)
- Rule 112, Rules of Criminal Procedure (no preliminary investigation required for MeTC cases)
