MINUCHER VS. COURT OF APPEALS

ISSUE:  Whether the Doctrine of State Immunity from suit is applicable herein. 

FACTS:  Violation of the “Dangerous Drugs Act of 1972,” was filed against Minucher following a “buy-bust operation” conducted by Philippine police narcotic agents accompanied by Scalzo in the house of Minucher, an Iranian national, where heroin was said to have been seized. Minucher was later acquitted by the court. Minucher later on filed for damages due to trumped-up charges of drug trafficking made by Arthur Scalzo. Scalzo on his counterclaims that he had acted in the discharge of his official duties as being merely an agent of the Drug Enforcement Administration of the United States Department of Justice. Scalzo subsequently 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. 

DECISION:  Case was dismissed. 

RATIO DECIDENDI:  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.