Jeffrey Liang (Huefeng) V.

People of the Philippines

G.R. No. 125865 January 28, 2000
J. Ynares-Santiago

Facts: Jeffrey Liang, the petitioner, is a Chinese national employed in Asian

Development Bank (ADB) as an economist. In 1994, he was charged before the
Metropolitan Trial Court (MeTC) of Mandaluyong City with the crime of two counts
of grave oral defamation for allegedly uttering defamatory words to his secretary,
Joyce Cabal. A warrant was issued by the MeTC which apprehended the petitioner.
The MeTC judge received an "office of protocol" from the Department of Foreign
Affairs (DFA) which claims that the petitioner is entitled to immunity from legal
processes under Section 45 of the Agreement between the ADB and the Philippine
Government. Acting per the communication protocol, the judge then dismissed the
cases without notice to the prosecution which pushed the prosecution to file a
petition for certiorari and mandamus with the Regional Trial Court (RTC) of Pasig
after its motion for reconsideration had been denied by the DFA. The RTC annulled
the MeTC ruling, ordered the latter court to enforce the warrant of arrest it issued
initially which prompted Liang to file a petition for review before the Supreme Court
(SC) contesting that he is granted immunity based on Section 45 of the Agreement.

Issue: WON Liang covered with immunity from legal processes under Section 45 of
the Agreement between the ADB and the Philippine Government?

Ruling: NO. The protocol communication as mentioned above from the DFA has no
binding effect in courts. Moreover, the immunity that Liang is entitled to as an
employee of ADB is only functional immunity, not diplomatic immunity which is
absolute. Section 45 of the agreement only covers acts performed in the exercise of
their official duties and the defamation he committed was performed in his own
personal private capacity. Therefore, he is still subject to the jurisdiction of our
courts for the crime he committed.