Liang vs People of the Philippines

Generality; G.R. No. 125865

January 28, 2000
Ynares-Santiago, J

FACTS:
Petitioner Jeffrey Liang, working in Asian Development Bank, was charged by the Metropolitan Trial Court (MeTC)
with two counts of grave oral defamation by allegedly uttering defamatory words against a colleague. After getting
arrested and posting bail, the MeTC judge received advice from the Department of Foreign Affairs that petitioner has
immunity from legal process in pursuance to Sec 45 of the ADB and the Philippine Government's Agreement. It
states that "Offices and staff of the Bank... shall enjoy... immunity from legal process with respect to acts performed
by them in their official capacity." Consequently, the MeTC dismissed the charges prompting the prosecution to file a
motion for reconsideration but it was denied. They elevated the case to the Regional Trial Court where the MeTC
ruling was set aside and the arrest of Liang was ordered. Liang elevated the case to the Supreme Court. Hence, the
present motion.

ISSUE:
W/n Liang is immune from suit in pursuance to Sec 45 of the Agreement between the ADB and the Philippine
Government

HELD:
No

RATIO:
The mere invocation of the immunity clause does not result in the dropping of the charges against Liang because his
immunity is not absolute. Acts covered by his immunity can only include those done in "official capacity." Liang's act
of slander does not qualify here because it was not part of his job to utter defamatory remarks against his secretary.
A public official enjoying immunity may still be liable in his personal private capacity for acts done in malice or bad
faith, which is the case with Liang.