People

G.R. No. 125865 March 26, 2001

Lesson:  Criminal acts not immune

Laws Applicable: Vienna Convention

FACTS:
·         2 criminal informations for for grave oral defamation were filed against Jeffrey Liang, a Chinese
national who was employed as an Economist by the Asian Development Bank (ADB), by Joyce V.
Cabal, a member of the clerical staff of ADB
·         MTC: dismissed the complaint stating that Liang enjoyed immunity from legal processes
·         RTC: Upon a petition for certiorari and mandamus filed by the People of the Philippines annulled
and set aside the order of MTC
·         SC: Denied petition for review on the ground that the immunity granted to officers and staff of the
ADB is not absolute and is limited on the official capacity and immunity CANNOT cover the
commission of a crime such as slander or oral defamation in the name of official duty
·         A motion of reconsideration is filed

ISSUE: W/N the crime of oral deflamation enjoys immunity

HELD: NO

·         slander, in general, cannot be considered as an act performed in an official capacity

·         issue of whether or not petitioner's utterances constituted oral defamation is still for the trial court
to determine

PUNO, J., concurring:
·         the nature and degree of immunities vary depending on who the recipient is
·         Under the Vienna Convention on Diplomatic Relations, a diplomatic envoy is immune from criminal
jurisdiction of the receiving State for all acts, whether private or official, and hence he cannot be
arrested, prosecuted and punished for any offense he may commit, unless his diplomatic immunity
is waived.  On the other hand, officials of international organizations enjoy "functional" immunities,
that is, only those necessary for the exercise of the functions of the organization and the fulfillment
of its purposes.
o    officials and employees of the ADB are subject to the jurisdiction of the local courts for their
private acts, notwithstanding the absence of a waiver of immunity
o    If the immunity does not exist, there is nothing to certify by the DFA