LIANG VS.

PEOPLE OF THE PHILIPPINES

G.R. No. 125865, January 28, 2000

FACTS

Jeffrey Liang, petitioner, is an economist working with the Asian Development Bank (ADB). Sometime in 1994, for
allegedly uttering defamatory words against a fellow ADB worker, Joyce Cabal, he was charged before the MeTC of Mandaluyong
City with two counts of grave oral defamation. Petitioner was arrested by virtue of a warrant issued by the MeTC. He was,
thereafter, released on bail. The next day, the MeTC judge received an "office of protocol" from them Department of Foreign
Affairs (DFA) stating that petitioner is covered by immunity from legal process under the Section 45 of the Agreement between
the ADB and the Philippine Government. The MeTC judge without notice to the prosecution dismissed the two criminal cases.

ISSUE

Does the petitioner is covered by immunity under the Sec. 45 of the agreement between the ADB and Philippine
Government

HELD

NO. The DFA's determination that a certain person is covered by immunity is only preliminary which has no binding
effect in courts. It has been ruled that the mere invocation of the immunity clause does not ipso facto result in the dropping of
the charges. Also, Section 45 of the Agreement provides that the immunity is not absolute, but subject to the exception that the
acts was done in "official capacity". In the present case, the act of the petitioner could not possibly covered by the immunity
under the agreement because our laws do not allow the commission of a crime, such as defamation, in the name of official duty.