LIANG VS.

PEOPLE OF THE PHILIPPINES

G.R. NO. 125865 January 28 2000
YNARES-SANTIAGO J:
Syllabus Topic: Diplomatic Immunity
Facts:
Jeffrey Liang is an economist in ADP. In 1994, he was charged with two grave oral
defamation case for allegedly uttering defamatory words on co worker Joyce Cabal.
MeTC Mandaluyong, dismissed the case without notice of the prosecution due to
intervention of DFA in the case stating that the petitioner is covered by immunity from
legal process under Section 45 of the Agreement between the ADB and the Philippine
Government. The latter filed a motion for reconsideration but was opposed by the
DFA. Prosecution filed a petition of certiorari and mandamus to RTC in Pasig where it
set aside initial ruling of MeTC and ordered to enforce earlier warrant of arrest.
Petitioner elevated the case via a petition for review. The petition was DENIED.
Issue:
Whether or not Liang’s criminal acts are covered by his immunity from legal process.
Ruling:
No, Liang’s criminal acts are not covered by the Diplomatic Immunity because:
1. DFA’s determination in the case has no binding in courts.
2. The immunity mentioned in Section 45(a) is not absolute, it only applies if the
act is done in "official capacity."
3. Slandering a person or defamation and committing a crime in the name of
“official duty” is not allowed in the Philippines.
4. Under the Vienna Convention on Diplomatic Relations, a diplomatic agent,
assuming petitioner 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.