Republic of Indonesia vs. James Vinzon
Republic of Indonesia vs. James Vinzon
FACTS:
ISSUE:
W/N Ambassador Soeratmin (resident ambassador in the embassy) and Minister Counsellor Kasim may
be sued in their private capacities
HELD:
No they cannot be sued in their private capacities because they are diplomatic agents
Article 31 of the Vienna Convention on Diplomatic Relations provides that diplomatic agents shall enjoy
immunity from criminal jurisdiction in the receiving state (ex: Philippines). They shall also enjoy immunity
from civil and administrative jurisdiction except:
1. Real action relating private immovable property in the territory of receiving State, unless he holds
it on behalf of the sending state (ex: Indonesia)
2. Action relating to succession in which diplomatic agent is executor, administrator, or heir or
legatee as a private person and not on behalf of sending state
3. Action relating to professional or commercial activity outside his official function
Soeratmin and Kasim are not covered by the exceptions, hence they enjoy immunity from suit
Acts jure imperii are acts of a sovereign nature and are subjected to immunity.