Nicolas v.

Romulo
G.R. No. 175888/176051/176222
February 11, 2009
Azcuna, J.

Facts:

1.) On December 4, 2006, private respondent Lance Corporal Daniel Smith of the US Armed Forces
was charged with the crime of rape of Suzette Nicolas and and was temporarily committed to
Makati City Jail.
2.) Pursuant to the Visiting Forces Agreement (VFA) between the Republic of the Philippines and the
United States, entered into on February 10, 1998, the United States, at its request, was granted
custody of defendant Smith pending the proceedings.
3.) Thereafter, when L/CPL Smith was convicted, he taken out of the Makati jail by Philippine law
enforcement agents, purportedly acting under orders of the DILG, and was brought to the US
Embassy for detention under the control of the US government, provided for under new
agreements between the Philippines and the United States, referred to as the Romulo-Kenney
Agreement
4.) Thus, petitioners contend that the Philippines should have custody of defendant L/CPL Smith.

Issue:

1) Whether or not L/CPL Smith can be detained in the Embassy

Ruling:

1.) No, L/CPL Smith cannot be detained in the Embassy. The Court ruled that allowing Smith to be
detained in the US Embassy violates the VFA. Article V Criminal Jurisdiction Sec. 10 of the VFA
provides that the confinement or detention by Philippine authorities of United States personnel
shall be carried out in facilities agreed on by appropriate Philippines and United States authorities.
United States personnel serving sentences in the Philippines shall have the right to visits and
material assistance. The above clearly states not only that the detention shall be carried out in
facilities agreed on by authorities of both parties, but also that the detention shall be “by
Philippine authorities.” Therefore, the Romulo-Kenney Agreements of December 19 and 22, 2006,
which are agreements on the detention of th accused in the United States Embassy, are not in
accord with the VFA itself because such detention is not “by Philippine authorities.”