PEOPLE OF THE PHILIPPINES V LORETA GOZO

53 scra 476

Facts: Loreta Gozo bought a house and lot located inside the US Naval Reservation within the territorial
jurisdiction of Olongapo City. She demolished the house that was standing thereon and built another one
without securing a building permit from the Office of the City Mayor of Olongapo City because she was
advised by the assistant in the Mayors Office and some neighbors that such permit is not necessary. As
result, Gozo was charged by the City Engineers Office for violating a municipal ordinance which requires
her to secure permits for any demolition and/or construction within the City. The lower court decided that
Gozo was guilty of violating such municipal ordinance. On appeal, she countered that the City of
Olongapo has no administrative jurisdiction over the said lot because it is within a Naval Base of the US,
a foreign country.

Issue: Whether or not the Local Government of Olongapo has jurisdiction on lots which are located
inside the US Naval Base.

Held: Yes, the Philippine Government has not renounced its sovereignty over the bases as part of the
Philippine territory or divested itself completely of jurisdiction over offenses committed therein. Under the
terms of the treaty, the United States Government has prior or preferential but not exclusive jurisdiction
of such offenses. The Philippine Government retains not only jurisdictional rights not granted, but also all
such ceded rights as the United States Military authorities for reasons of their own decline to make use of
(Military Bases Agreement). Hence, in the exercise of its sovereignty, the State through the City of
Olongapo does have administrative jurisdiction over the lot located within the US Naval Base.
Hence, the appealed decision was affirmed. Loreto Gozo is found guilty for violating the municipal
ordinance that requires anyone to secure building permit before demolishing and building an
establishment within the LGUs jurisdiction.