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Ponente & DV
Justice Ynares-Santiago, First Division of the Supreme Court of the Philippines
Case Number
G.R. No. 125865
Date
January 28, 2000
Jeffrey Liang is an economist with the…
Asian Development Bank
The petitioner was charged with two counts of grave oral defamation against a fellow ADB worker…
Joyce Cabal
The charges were initially docketed under the…
Metropolitan Trial Court of Mandaluyong City
True or False: The petitioner was released into the custody of the ADB’s Security Officer.
True
The DFA said the petitioner was covered by _ immunity from legal process.
Diplomatic
The petitioner was covered by immunity under _ of the ADB Headquarters Agreement.
Section 45
The MeTC judge dismissed the two criminal cases, relying solely on the _.
ex-parte communication
Yes or No: Did the MeTC judge notify the prosecution when dismissing the two criminal cases?
No
The petitioner petitioned the RTC of _.
Pasig City
The petitioner petitioned a _ and a _.
certiorari and mandamus
True or False: The MeTC dismissed the criminal casesof motu proprio, but denied the Prosecutor’s Motion for Reconsideration of dismissal.
True
True or False: The RTC of Pasig denied the prosecution’s petition for certiorari and mandamus, but granted Liang’s Motion for Reconsideration of RTC’s ruling.
False
Petitioner’s argument
He is immune from legal process under Section 45, and the defamatory remarks were under his official duties.
Respondent’s argument
The act of defamation was a personal act, and immunity only applies to acts done in official capacity.
True or False: No preliminary investigation was required under the Rules of Criminal Procedure, since the case falls under the jurisdiction of the MeTC.
True
Issues
Whether the ex-parte communication is sufficient to dismiss criminal charges, and if the immunity is applicable to acts alleged such as defamation.
Ruling
No, due process is required, immunity is only with acts performd within official capacity (unlike defamation), and the MeTC has jurisdiction.
Supreme Court’s ruling
The petition is denied
Diplomatic immunity
protects diplomats from criminal jurisdiction to allow them to perform official duties without fear of prosecution, defamation not included.
Vienna Convention on Diplomatic Relations
limits immunity to acts within official functions and excludes criminal liability for professional or commercial activities outside those duties
Certiorari
A legal remedy used to ask a higher court to review a decision of a lower court.
Mandamus
A legal remedy used to compel an agency or a lower court to perform a duty required by law when it unlawfully refuses to do so.
Motu proprio
The court did something on its own, without being asked by either party in the case.
Ex parte communication
Any legal communication about the case between one party and the judge without the knowledge of the other party