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    Minucher V. CA Scalzo

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    Joyleen Hebron
    The document discusses a case regarding whether Arthur Scalzo, a US Drug Enforcement Administration agent, has diplomatic immunity. Scalzo assisted in a drug trafficking investigation and criminal case against Khosrow Minucher in the Philippines. While Scalzo may not have formal diplomatic status, the Court of Appeals found he was entitled to diplomatic immunity. This was because the Philippine government gave implicit consent and approval to Scalzo's activities as a foreign law enforcement agent operating in the country. His actions of surveillance, assisting in a buy-bust operation, and testifying in court were within the scope of his official duties for the DEA.

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    © All Rights Reserved
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    Minucher V. CA Scalzo

    Uploaded by

    Joyleen Hebron
    63 views2 pages
    The document discusses a case regarding whether Arthur Scalzo, a US Drug Enforcement Administration agent, has diplomatic immunity. Scalzo assisted in a drug trafficking investigation and criminal case against Khosrow Minucher in the Philippines. While Scalzo may not have formal diplomatic status, the Court of Appeals found he was entitled to diplomatic immunity. This was because the Philippine government gave implicit consent and approval to Scalzo's activities as a foreign law enforcement agent operating in the country. His actions of surveillance, assisting in a buy-bust operation, and testifying in court were within the scope of his official duties for the DEA.

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    Minucher V. CA Scalzo.docx

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    The document discusses a case regarding whether Arthur Scalzo, a US Drug Enforcement Administration agent, has diplomatic immunity. Scalzo assisted in a drug trafficking investigation and criminal case against Khosrow Minucher in the Philippines. While Scalzo may not have formal diplomatic status, the Court of Appeals found he was entitled to diplomatic immunity. This was because the Philippine government gave implicit consent and approval to Scalzo's activities as a foreign law enforcement agent operating in the country. His actions of surveillance, assisting in a buy-bust operation, and testifying in court were within the scope of his official duties for the DEA.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    63 views2 pages

    Minucher V. CA Scalzo

    Uploaded by

    Joyleen Hebron
    The document discusses a case regarding whether Arthur Scalzo, a US Drug Enforcement Administration agent, has diplomatic immunity. Scalzo assisted in a drug trafficking investigation and criminal case against Khosrow Minucher in the Philippines. While Scalzo may not have formal diplomatic status, the Court of Appeals found he was entitled to diplomatic immunity. This was because the Philippine government gave implicit consent and approval to Scalzo's activities as a foreign law enforcement agent operating in the country. His actions of surveillance, assisting in a buy-bust operation, and testifying in court were within the scope of his official duties for the DEA.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    KHOSROW MINUCHER, petitioner, vs. HON.

    COURT OF APPEALS and ARTHUR


    SCALZO, respondents

    GR No. 142396
    February 11, 2003
    Topic: DIPLOMATIC IMMUNITY
    It is a well-established principle of international law that diplomatic representatives, such as
    ambassadors or public ministers and their official retinue, possess immunity from the criminal
    jurisdiction of the country of their sojourn and cannot be sued, arrested or punished by the law
    of that country.

    FACTS

    Khosrow Minucher, an Iranian national appointed as Labor Attaché for the Iranian Embassies in
    Tokyo, Japan and Manila, came to the Philippines to study in the University of the Philippines in
    1974. He became a refugee of the United Nations and continued to stay in the Philippines and
    headed the Iranian National Resistance Movement in the Philippines.
    Minucher, and one Abbas Torabian was charged with an information for violation of Republic
    Act No. 6425, otherwise known as “Dangerous Drugs Act of 1972”. They were accompanied by
    the private respondent, Arthur Scalzo who became one of the principal witnesses for the
    prosecution.
    On 8 January 1988, Presiding Judge Eutropio Migrino rendered a decision acquitting the two
    accused.
    On 3 August 1988, Minucher filed Civil case before the RTC Branch 19 of Manila for damages
    on account of what he claimed to have been trumped-up charges of drug trafficking made by
    Arthur Scalzo.
    Scalzo filed a motion to dismiss the complaint on the ground that, being a special agent of the
    United States Drug Enforcement Administration, he was entitled to diplomatic immunity. He
    attached to his motion Diplomatic Note of the United States Embassy addressed to DOJ of the
    Philippines and a Certification of Vice Consul Donna Woodward, certifying that the note is a true
    and faithful copy of its original. Trial court denied the motion to dismiss.

    ISSUE: Whether or not Scalzo is entitled to diplomatic immunity.

    RULING:

    Yes, Scalzo is entitled to diplomatic immunity.


    A foreign agent, operating within a territory, can be cloaked with immunity from suit as long as it
    can be established that he is acting within the directives of the sending state.

    1|Page CRIMINAL LAW 1 CASE DIGESTS


    The consent or imprimatur of the Philippine government to the activities of the United States
    Drug Enforcement Agency, however, can be gleaned from the undisputed facts in the case.

     The official exchanges of communication between agencies of the government of the


    two countries
     Certifications from officials of both the Philippine Department of Foreign Affairs and the
    United States Embassy
     Participation of members of the Philippine Narcotics Command in the “buy-bust
    operation” conducted at the residence of Minucher at the behest of Scalzo
    These may be inadequate to support the “diplomatic status” of Scalzo but they give enough
    indication that the Philippine government has given its imprimatur, if not consent, to the activities
    within Philippine territory of agent Scalzo of the United States Drug Enforcement Agency.
    The job description of Scalzo has tasked him to conduct surveillance on suspected drug
    suppliers and, after having ascertained the target, to inform local law enforcers who would then
    be expected to make the arrest.
    In conducting surveillance activities on Minucher, later acting as the poseur-buyer during the
    buy-bust operation, and then becoming a principal witness in the criminal case against
    Minucher,
    Scalzo hardly can be said to have acted beyond the scope of his official function or duties.

    2|Page CRIMINAL LAW 1 CASE DIGESTS

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