Title
Khosrow Minucher vs. Court of Appeals
Case
G.R. No. 142396
Decision Date
Feb 11, 2003
Iranian national sued U.S. DEA agent for damages over alleged fabricated drug charges; SC upheld agent's diplomatic immunity under Vienna Convention.

Case Digest (G.R. No. 142396)
Expanded Legal Reasoning Model

Facts:

  • Criminal Prosecution and Acquittal
    • May 1986 – Philippine narcotics agents, with U.S. DEA agent Arthur Scalzo as poseur‐buyer, conducted a buy‐bust at petitioner Khosrow Minucher’s Pasig residence and seized heroin.
    • January 8, 1988 – RTC Branch 151, Pasig City acquitted Minucher and co‐accused Abbas Torabian for lack of evidence.
  • Civil Damage Suit Against Scalzo
    • August 3, 1988 – Minucher filed Civil Case No. 88-45691, RTC Branch 19, Manila, for damages alleging Scalzo trumped up drug charges and unlawfully invaded his home.
    • Key Factual Allegations
      • Introduction by informer Jose Iñigo; sales of caviar and carpets and payment of visa fees;
      • May 27, 1986 – unannounced arrest, handcuffing, search of Minucher’s safe and residence, seizure of cash, valuables, carpets, electronics; detention at Camp Crame; worldwide publicity as an “international drug trafficker.”
  • Procedural History
    • Scalzo’s procedural defenses: special appearances; motions to quash summons; late‐filed motion invoking diplomatic immunity with U.S. Embassy Diplomatic Note No. 414; default and reinstatement.
    • Appellate Decisions
      • October 6, 1989 – CA denied Scalzo’s petition on voluntary appearance waiver.
      • G.R. No. 91173 – SC denied certiorari for non-compliance.
      • September 24, 1992 – SC in G.R. No. 97765 reversed CA, remanded trial court, ruling immunity question not yet finally resolved.
      • November 17, 1995 – RTC awarded Minucher actual, moral and exemplary damages.
      • CA reversed on ground of diplomatic immunity; Minucher’s petition to SC followed.

Issues:

  • Does the doctrine of conclusiveness of judgment (res judicata) bar the CA from reversing its prior ruling in G.R. No. 97765 on diplomatic immunity?
  • Is Arthur Scalzo, as U.S. DEA special agent, entitled to immunity—either diplomatic under the Vienna Convention or state immunity—from suit in Philippine courts?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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