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Liang vs. People of the Philippines GR No.

125865 January 28, 2000

FACTS Petitioner Jeffrey Liang is an economist working in the Philippine branch of the Asian Development Bank. He was charged with grave oral defamation by Joyce Cabal, his co-employee. The petitioner was arrested by virtue of a warrant issued by Metropolitan Trial Court of Mandaluyong City. The Department of Foreign Affairs issued an office of protocol informing the judge of the Metropolitan Trial Court that the petitioner is covered by immunity from legal processes under Section 45 of the Agreement between the ADB and the Philippine Government. The judge then dismissed the two cases against the petitioner; causing the prosecution to file a petition in the Pasig City-RTC. The latter then ordered the Metropolitan Trial Court to enforce the warrant of arrest. The petitioner elevated the matter to the Supreme Court.

ISSUES

W/n the petitioner is covered by immunity under the Agreement

HELD

The Supreme denied the petition of Lian6. It was not impressed with merit. Though the petitioner may be covered by the immunity from legal processes under the Agreement; still, this immunity covers only those acts performed in an official capacity. In this case, the Court said slandering a person could not be possibly covered by the immunity agreement because Philippine laws do not allow the commission of the crime in the name of official duty.

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