G.R. No. 125865.

January 28, 2000

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

Facts:
Petitioner is an economist working with the Asian Development
Bank (ADB). Sometime in 1994, for allegedly uttering defamatory words
against fellow ADB worker Joyce Cabal, he was charged before the
Metropolitan Trial Court (MeTC) of Mandaluyong City with two counts of
grave oral defamation. Petitioner was arrested by virtue of a warrant
issued by the MeTC. After fixing petitioner's bail at P2,400.00 per criminal
charge, the MeTC released him to the custody of the Security Officer of
ADB. The next day, the MeTC judge received an "office of protocol" from
the Department of Foreign Affairs (DFA) stating that petitioner 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 (hereinafter Agreement) in the country.
Petitioner argued that he is covered by immunity under the Agreement
between the ADB and the Philippine Government

Issue:
Whether or not the petitioner is covered by immunity under the
Agreement between the ADB and the Philippine Government.

Ruling:
No. The DFA's determination that a certain person is covered by
immunity is only preliminary which has no binding effect in courts. Under
Section 45 of the immunity agreement, officers and staff of the Bank
including experts and consultants performing missions for the Bank shall
enjoy the immunity from legal process with respect to acts performed by
them in their official capacity except when the Bank waives the immunity.

The immunity mentioned therein is not absolute, but subject to the

exception that the acts was done in "official capacity." It is therefore
necessary to determine if petitioner's case falls within the scope of Section
45.
Jeffrey Liang who was charged with oral defamation is not covered
by immunity. Slandering a person could not possibly be covered by the
immunity agreement because our laws do not allow the commission of a
crime, such as defamation, in the name of official duty.