JEFFREY LIANG (HUEFENG), v. PEOPLE OF THE PHILIPPINES G.R. No.

125865,
January 28, 2000, YNARES-SANTIAGO, J.

It is well-settled principle of law that a public official may be liable in his personal private
capacity for whatever damage he may have caused by his act done with malice or in bad
faith or beyond the scope of his authority or jurisdiction.

Facts:

Liang is an economist working with the Asian Development Bank (ADB). He was charged
before the MeTC of Mandaluyong City with two counts of grave oral defamation for allegedly
uttering defamatory words against fellow ADB worker Joyce Cabal. Thereafter, 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
(hereinafter Agreement) in the country. As a result, MeTc judge dismissed the two criminal
cases. However, RTC set aside the MeTC rulings and ordered the latter court to enforce the
warrant of arrest. Liang elevated the case to the Supreme Court via a petition for review
arguing that he is covered by immunity under the Agreement.

Issue:

Ruling:

NO. Section 45 of the Agreement between the ADB and the Philippine Government
regarding the Headquarters of the ADB provides that Officers and staff of the Bank including
for the purpose of this Article experts and consultants performing missions for the Bank shall
enjoy 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”.
Slandering a person is not covered by the immunity agreement because Philippines laws do
not allow the commission of a crime, such as defamation, in the name of official duty.