TOPIC: TOPIC: MOTION FOR RECONSIDERATION

a. Liang v. People (2000)

FACTS: Liang was an economist working with ADB. Some in 1994, for allegedly uttering
defamatory words against fellow ADB worker Joyce Cabal, he was charged before the
MeTC Mandaluyong with two counts of grave oral defamation and he was arrested by
virtue of the warrant issued by MeTC judge. After fixing his bail MeTC released him
under the custody of Security Officer of ADB. Next day, MeTC received a office of
protocol from DFA, stating that Liang is covered by immunity from legal process under
the Agreement between ADB and Republic of the Phil. because of that MeTC judge
dismissed the case without notice to the prosecution.

ISSUE: Whether or not the statements allegedly made by petitioner were uttered while
in the performance of his official functions?

RULING: Slander of a person cannot be considered as an act performed in an official

capacity. There can be no dispute that international officials are entitled to immunity
only with respect to acts performed in their official capacity, unlike international
organizations which employ absolute immunity.

Officials Of international organizations enjoy “functional” immunities, that is only those

necessary for the exercise of their functions of the organization and the fulfillment of its
purpose. In other words, officials of ADB are subject to the jurisdiction of the local
courts for their private acts, notwithstanding the absence of waiver of immunity.

International Public Officials – persons who on the basis of international treaty

constituting a particular international community, are appointed by its international
community, or by an organ of its control to exercise, a continous way, functions in the
interest of this particular international community, and who are subject to a particular
personal status.