Jeffrey Liang vs. People of the Philippines

Facts:

On January 28 & 31, 1994 Jeffrey Liang alledgely uttered defamatory words agains Joyce V Cabal a Chinese national who was employed and a member of the clerical staff of Asian Development Bank (ADB). The MTC of Mandaluyong dismissed the Criminal Information against Liang, pursuant to an advice from the Department of Foreign Affairs that Liang enjoyed immunity from legal processes. But the Regional Trial Court of Pasig set aside the Order of the MTC.

Jeffrey Liang brought this petition with this Court (The Supreme Court) for review. This Court deny the petition for review. Thus, this motion for reconsideration of a decision of the Supreme Court.

Prior to this incedent, there was an "Agreement Between the Asian Development Bank and the Government of the Republic of the Philippines Regarding the Headquarters of the Asian Development Bank" wherein section 45 of the said agreement states that:

Officers and staff of the bank, including for the purpose of this Article experts and consultants performing missions for the Bank, shall enjoy the following privileges and immunities:

a.) Immunity from legal process with respect to acts performed by them in their official capacity except when the Bank waives the immunity.



Issue:

Whether or not the statements allegedly uttered by Jeffrey Liang were made while he is in the performance of his official functions, so that he can invoke Section 45 of the Agreement.

Held:

(t)he immunity granted to officers and staff of the ADB is not absolute; it is limited to acts performed in an official capacity. Furthermore, we held that the immunity cannot cover the commission of a crime such as slander or oral defamation in the name of official duty.

the Motions for Reconsideration filed by Jeffrey Liang are DENIED with FINALITY.