Case Title
Minucher v. Court of Appeals and Arthur Scalzo
G.R. No. & Date
G.R. No. & Date: G.R. No. 142396, February 11, 2003
Facts
Khosrow Minucher, an Iranian national and former Labor Attaché, was arrested in 1986 for alleged drug trafficking after a buy-bust operation involving Filipino narcotics agents and Arthur Scalzo, a U.S. DEA agent stationed in the Philippines. Minucher was acquitted of the charges in 1988. He then filed a civil case for damages against Scalzo, claiming the charges were fabricated and that Scalzo acted beyond his authority, causing personal and reputational harm.
Scalzo filed several motions to dismiss the case, claiming diplomatic immunity under the Vienna Convention on Diplomatic Relations and invoking state immunity as a U.S. government agent. The Regional Trial Court ruled in favor of Minucher, awarding him damages. However, the Court of Appeals reversed the decision, holding that Scalzo was covered by diplomatic immunity. Minucher appealed to the Supreme Court.
Issue
Is Arthur Scalzo, a U.S. DEA agent, immune from civil suit for acts performed in the Philippines under the doctrine of state immunity?
Ruling
Yes. The Supreme Court ruled that Scalzo, acting as a foreign agent within the scope of his official functions and with the Philippine government’s implied consent, was entitled to state immunity. As such, he could not be held civilly liable in Philippine courts. The Court noted that even if his diplomatic status was questionable, his official capacity as a DEA agent engaged in state-authorized surveillance and enforcement work placed him within the protective ambit of sovereign immunity.
Doctrine
A foreign agent acting within the scope of official duties and with the host state’s consent is entitled to state immunity from suit. State immunity applies not to benefit the individual officer, but to protect the sovereign state they represent. Acts done in the discharge of official functions—even if allegedly abusive—are generally shielded from local jurisdiction unless clearly beyond the scope of authority or done in bad faith.
Codal Provision/s
- Article 31, Vienna Convention on Diplomatic Relations (immunity of diplomatic agents)
- Doctrine of State Immunity from Suit (customary international law)
- Article 14, Civil Code of the Philippines (application of international law and treaties)
