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