World Health Organization vs. Aquino

G.R. No.
L-35131 November 29, 1972
THE WORLD HEALTH ORGANIZATION and DR. LEONCE VERSTUYFT, petitioners,

vs.
HON. BENJAMIN H. AQUINO, as Presiding Judge of Branch VIII, Court of First Instance of Rizal, MAJOR
WILFREDO CRUZ, MAJOR ANTONIO G. RELLEVE, and CAPTAIN PEDRO S. NAVARRO of the
Constabulary Offshore Action Center (COSAC), respondents.
Doctrine: It is a recognized principle of international law and under our system of separation of powers that diplomatic
immunity is essentially a political question and courts should refuse to look beyond a determination by the executive
branch of the government, and where the plea of diplomatic immunity is recognized and affirmed by the executive
branch of the government as in the case at bar, it is then the duty of the courts to accept the claim of immunity upon
appropriate suggestion by the principal law officer of the government, the Solicitor General in this case, or other
officer acting under his direction.
Facts
Petitioner Dr. Leonce Verstuyft, who was assigned on December 6, 1971 by the WHO from his last station
in Taipei to the Regional Office in Manila as Acting Assistant Director of Health Services.
When petitioner Verstuyft's personal effects contained in twelve (12) crates entered the Philippines as
unaccompanied baggage on January 10, 1972, they were accordingly allowed free entry from duties and taxes. The
crates were directly stored at the Eternit Corporation's warehouse at Mandaluyong, Rizal, "pending his relocation into
permanent quarters upon the offer of Mr. Berg, Vice President of Eternit who was once a patient of Dr. Verstuyft in
the Congo."
On March 3, 1972 Respondent judge issued search warrant No. 72-138 upon application on the same date of
respondents COSAC officers for alleged violation of Republic Act 4712 amending section 3601 of the Tariff and
Customs Code directing the search and seizure of the dutiable items in said crates.
Upon protest of March 6, 1972 of Dr. Francisco Dy, WHO Regional Director for the Western Pacific with
station in Manila, Secretary of Foreign Affairs Carlos P. Romulo, personally wired on the same date respondent Judge
advising that "Dr. Verstuyft is entitled to immunity from search in respect of his personal baggage as accorded to
members of diplomatic missions" pursuant to the Host Agreement and requesting suspension of the search warrant
order "pending clarification of the matter from the ASAC."
Respondent judge set the Foreign Secretary's request for hearing and heard the same on March 16, 1972, but
notwithstanding the official plea of diplomatic immunity interposed by a duly authorized representative of the
Department of Foreign Affairs who furnished the respondent judge with a list of the articles brought in by petitioner
Verstuyft, respondent judge issued his order of the same date maintaining the effectivity of the search warrant issued
by him, unless restrained by a higher court.
Issue: Whether or not Verstuyft’s personal effect of can be exempted from search and seizure under the diplomatic
immunity.
Ruling: Yes. The executive branch of the Philippine Government has expressly recognized that petitioner Verstuyft
is entitled to diplomatic immunity, pursuant to the provisions of the Host Agreement. DFA formally advised
respondent judge of the Philippine Government's official position that accordingly "Dr. Verstuyft cannot be the subject
of a Philippine court summons without violating an obligation in international law of the Philippine Government" and
asked for the quashal of the search warrant, since his personal effects and baggages after having been allowed free
entry from all customs duties and taxes, may not be baselessly claimed to have been "unlawfully imported" in violation
of the tariff and customs code as claimed by respondents COSAC officers. The Solicitor-General, as principal law
officer of the Government, likewise expressly affirmed said petitioner's right to diplomatic immunity and asked for
the quashal of the search warrant.
It is a recognized principle of international law and under our system of separation of powers that diplomatic
immunity is essentially a political question and courts should refuse to look beyond a determination by the executive
branch of the government, and where the plea of diplomatic immunity is recognized and affirmed by the executive
branch of the government as in the case at bar, it is then the duty of the courts to accept the claim of immunity upon
appropriate suggestion by the principal law officer of the government, the Solicitor General in this case, or other
officer acting under his direction. Hence, in adherence to the settled principle that courts may not so exercise their
jurisdiction by seizure and detention of property, as to embarrass the executive arm of the government in conducting
foreign relations, it is accepted doctrine that "in such cases the judicial department of (this) government follows the
action of the political branch and will not embarrass the latter by assuming an antagonistic jurisdiction."

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G.R. No.

L-35131 November 29, 1972

THE WORLD HEALTH ORGANIZATION and DR. LEONCE VERSTUYFT, petitioners,

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