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Khosrow Minucher Vs. Court Of Appeals, Et Al.

KHOSROW MINUCHER, petitioner, vs. THE HONORABLE COURT OF APPEALS and ARTHUR W. SCALZO, JR., respondents.

G.R. No. 97765 | 1992-09-24

D E C I S I O N


DAVIDE, JR., J.:

May a complaint for damages be dismissed on the sole basis of a statement contained in a Diplomatic Note, belatedly issued after an answer to the said complaint had already been filed, that the defendant was a member of the diplomatic staff of the United States Diplomatic Mission in the Philippines at the time the cause of action accrued?

This is the issue in the instant petition.

On 3 August 1988, petitioner filed with the Regional Trial Court (RTC) of Manila a complaint for damages against private respondent Arthur Scalzo, Jr. The case was docketed as Civil Case No. 88-45691 and was raffled off to...