Liang v Pp Digest 2001

G.R. No. 125865            March 26, 2001

JEFFREY LIANG (HUEFENG), petitioner,
vs.
PEOPLE OF THE PHILIPPINES, respondent.

R E S O L U T I O N

YNARES-SANTIAGO, J.:

Facts of the Case: 

     A Chinese national Jeffrey Liang (Huefeng),  who was employed as an Economist by the Asian Development Bank (ADB) uttered defamatory words to Joyce V. Cabal, a member of the clerical staff of ADB. On April 13, 1994, the Metropolitan Trial Court of Mandaluyong City, acting pursuant to an advice from the Department of Foreign Affairs that petitioner enjoyed immunity from legal processes, dismissed the criminal Informations against him. On a petition for certiorari and mandamus filed by the People, the Regional Trial Court of Pasig City, Branch 160, annulled and set aside the order of the Metropolitan Trial Court dismissing the criminal cases.

       Petitioner, thus, brought a petition for review with the Supreme Court.

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

Held: 

       No. The provisions of Section 45 (a) of the Agreement Between the Asian Development Bank and the Government of the Republic of the Philippines Regarding the Headquarters of the Asian Development Bank only gives immunity to the officers and staff from legal process with respect to acts performed by them in their official capacity. Slander or oral defamation cannot be considered as falling within the purview of the immunity granted to ADB officers and personnel.