An iranian national named Khosrow Minucher was charged for violation of Dangerous Drugs Act of 1972.

A raid was conducted on the residence of Minucher by several narcotic agents spearheaded by Arthur
Scalzo. Due to insufficiency of compelling proof, Minucher was acquitted by the trial court of the
charges. Minucher filed a civil lawsuit for damages in the Manila Regional Trial Court, citing Arthur
Scalzo's false accusations of narcotics trafficking. Scalzo filed a motion to dismiss the complaint on the
grounds that he was entitled to diplomatic immunity as a special agent of the U.S. Drug Enforcement
Administration, his motion was denied which made Scalzo file a petition for certoriari with injunction
with the court of appeals praying that the complaint filed against him be dismissed. The appellate court
decided positively on the basis that Scalzo is sufficiently protected by the diplomatic immunity during his
term of discharging his duties and is able to enjoy the full effect of diplomatic immunity. Thus, ordering
the dismissal of the complaint against the US agent. Minucher then filed a petition for review with the
Supreme court and reversed the decision of the appellate court remanding the case to the lower court.
The Regional Trial Court of Manila promulgated a decision in favor of the petitioner Minucher and
ordered respondent Arthur Scalzo for civil damages.

Issue

Whether or not Arthur Scalo is entitled to diplomatic immunity

Ruling

The foreign agent operating within a territory can be granted immunity from lawsuits, but only if it can
be proven that he is carrying out the sending state's instructions, the Supreme Court decided, rejecting
the petition. It is essential for basic decency between the two sovereigns that the host state give its
approval. In the case at bar, official correspondence between US and Philippine government agencies,
along with the involvement of members of the Philippine Narcotics Command in the "buy-bust
operation" carried out at Scalzo's request, suggest that the Philippine government has approved, if not
explicitly sanctioned, the actions of agent Scalzo while operating within Philippine territory.