G.R. No.

125865 January 28, 2000

JEFFREY LIANG (HUEFENG), petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

YNARES-SANTIAGO, J.:

FACTS:

Liang was charged before the Metropolitan Trial Court (MeTC) of Mandaluyong City with two counts of grave oral defamation
for allegedly uttering defamatory words against fellow ADB worker Joyce Cabal.

The next day, the MeTC judge received an "office of protocol" from the Department of Foreign Affairs (DFA) stating that Liang
is covered by immunity from legal process under Section 45 of the Agreement between the ADB and the Philippine Government
regarding the Headquarters of the ADB in the country. Based on the said protocol communication that Liang is immune from suit,
the MeTC judge without notice to the prosecution dismissed the two criminal cases.

ISSUE:

Whether or not Liang, as regards his acts, is covered by the immunity from suit under Section 45 of Agreement between ADB and
the Philippine Government.

HELD:

No.

Section 45 of the Agreement provides:

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.

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.