Practice question
An applicant sues ADB screening personnel over their confidential assessments of his qualifications. He argues that calling the comments defamatory necessarily eliminates functional immunity. Applying the main decision in Westfall v. Locsin (16 April 2024), explain the court's inquiry and why an unfavorable or inaccurate evaluation alone is insufficient. Do not assume every statement by an official is immune.
Legal references
- Convention on the Privileges and Immunities of the United Nations (1946), Articles I, II and V, sections 1–3, 18–21, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/36/12697
- Westfall v. Locsin, G.R. No. 250763, 16 April 2024, main decision, https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69605
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