TUBBS VS.

GREISS

FACTS:

 Petition for Habeas Corpus filed by George Tubb and Wesley Tudrow
 Citizens of the United States but is residing here in the Philippines under an
employment contract with the US military
 They have been apprehended some time between january 4 and January 13
1947 for an alleged violation of the Articles of war for misappropriating military
properties subject for military use. Since then has been held in custody.
 Petitioner now comes before the court alleging that they are being unlawfully
deprived of their liberty .
 The Philippine court has exclusive juris diction over their arrest, confinement and
imprisonment because 1. They are not persons subject to military laws, 2.
Martial aw is no longer enforced.

ISSUE:
Whether or not the petition for habeas corpus filed by the petitioners in this case is
proper.

HELD:

 No. In the contract of employment entered into by the petitioners with the
United States army it is shown that they voluntarily submitted themselves to the
jurisdiction of the US military being considered as enlisted men.
 Enlistment after all, being nothing more that a contract of voluntary service in
the armed forces of one’s country.
 A grant of free passage therefore implies a waiver of all jurisdiction over the
troops during their passage and their permits the foreign general to use that
discipline and to inflict those punishments which the government of his army
may require
 Given that the petitioners in this case are 1. US citizen, 2. Enlisted men, 3. Us
Army is an extension of the Us government .
 Their petition has been dismissed.