Minucher vs.

Court of Appeals
G.R. No. 97765
September 24, 1992.

PONENTE: DAVIDE, JR.

FACTS:

KHOSROW MINUCHER, petitioner

THE HONORABLE COURT OF APPEALS and ARTHUR W. SCALZO, JR., respondents.

- Khoskrow Minucher, an Iranian National who came to the Philippines in 1974 to study
and later became a refugee of the UN.
- On the other hand, Arthur Scalzo was a special agent of the US Drugs Enforcement
Agency. He conducts surveillance operations on suspected drug dealers in the
Philippines.
- The two were introduced by a certain Jose Iñigo, with whom the petitioner had several
business transactions involving Iranian products.

- That private respondent had prepared an elaborate plan to frame up the petitioner and
Abbas Torabian, a fellow Iranian, for alleged heroin trafficking.
- Petitioner alleges that he was the Labor Attache of the Embassy of Iran in the
Philippines.
- The petitioner and Torabian were charged with a violation of Republic Act 6425
(Dangerous Drugs Act of 1972) before the Pasig Regional Trial Court (RTC),
- The criminal charge was followed by a buy-bust operation conducted by the Philippine
police narcotic agents to which Scalzo was a witness for the prosecution. They were
acquitted.

- Petitioner filed with the Regional Trial Court (RTC) of Manila a complaint for damages
against private respondent Arthur Scalzo, Jr.
- In his defense, Scalzo asserted his diplomatic immunity as evidenced by a Diplomatic
Note.
- He contended that it was recognized by the US Government pursuant to the Vienna
Convention on Diplomatic Relations and the Philippine government itself through its
Executive Department and DFA.

ISSUE:

Whether or not the respondent is entitled to diplomatic immunity.

RULING:
Undecided.

The SC was forced to rule that Arthur Scalzo, an agent of the United States Drug Enforcement
Agency allowed by the Philippine government to conduct activities in the country to help contain
the problem of drug traffic, is entitled to the defense of state immunity from suit which is related
BUT different from diplomatic immunity.

- The petition was denied.

RATIONALE:

- Under the Vienna Convention, only diplomatic agents, under the terms of the
Conventions, are vested with blanket diplomatic immunity from civil and criminal suits.

- The primary yardstick in ascertaining whether a person is a diplomat entitled to immunity

is the determination of whether or not he performs duties of diplomatic nature.

- Certifications from officials of both the Philippine DFA and the US Embassy, as well as
the participation of members of the Philippine Narcotics Command in the "buy-bust
operation" exchanges, have given enough indication that the Philippine government has
given its imprimatur, if not consent, to the activities within the Philippine territory of
agent Scalzo of the United States Drug Enforcement Agency.