JEFFREY LIANG (HUEFENG) v. PEOPLE OF THE PHILIPPINES (Criminal Law Review 1)

G.R. No. 125865 - March 26, 2001

JEFFREY LIANG (HUEFENG), Petitioner, v. PEOPLE OF THE PHILIPPINES, respondent.

FACTS:

Two criminal Informations for grave oral defamation filed against petitioner Liang, a Chinese national who was employed as an Economist by the Asian Development Bank (ADB), alleging that on separate occasions, petitioner allegedly uttered defamatory words to Joyce V. Cabal, a member of the clerical staff of ADB.

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 dismissal.

Petitioner, thus, brought a petition for review before the SC which was denied. The SC ruled, in essence, that the immunity granted to officers and staff of the ADB is not absolute; it is limited to acts performed in an official capacity. 

Hence the present MR.

ISSUE:

Whether Liang is immune from suit.

RULING:

No, the court find no cogent reason to disturb the earlier decision. As what have stated therein, the slander of a person, by any stretch, cannot be considered as falling within the purview of the immunity granted to ADB officers and personnel. What merely stated therein is that slander, in general, cannot be considered as an act performed in an official capacity. The issue of whether or not petitioner's utterances constituted oral defamation is still for the trial court to determine.

WHEREFORE, in view of the foregoing, the Motions for Reconsideration filed by petitioner and intervenor Department of Foreign Affairs are DENIED with FINALITY.