G.R. No.

L-1988             February 24, 1948

JESUS MIQUIABAS, petitioner,
vs.
COMMANDING GENERAL, PHILIPPINE-RYUKYUS
COMMAND, UNITED STATES ARMY, respondents.

Lorenzo Sumulong and Esteban P. Garcia for petitioner.

J. A. Wolfson for respondent.

Miquiabas is a Filipino citizen and civilian employee of the US army in

the Philippines who had been charged of disposing of in the Port of
Manila Area of things belonging to the US army in violation of the 94th
article of War of the US. He was arrested and a General Court-Martial
was appointed. He was found guilty. As a rule, the Philippines being a
sovereign nation has jurisdiction over all offenses committed within its
territory but it may, by treaty or by agreement, consent that the US shall
exercise jurisdiction over certain offenses committed within said
portions of territory.

Issues:
1. Whether or not the offense has been committed within a US base
thus giving the US jurisdiction over the case.

2. Whether or not the offender is a member of the US armed forces.

Ruling:
1. No. The Port of Manila Area where the offense was committed is
not w/in a US base for it is not named in Annex A or B of AXXVI
of the Military Base Agreement (MBA) & is merely part of the
temporary quarters located w/in presented limits of the city of
Manila. Moreover, extended installations & temporary quarters
aren‘t considered to have the same jurisdictional capacity as
permanent bases & are governed by AXIII pars. 2 & 4. The offense
at a bar, therefore is beyond the jurisdiction of military courts.
2. No. Under the MBA, a civilian employee is not considered as a
member of the US armed forces. Even under the articles of war,
the mere fact that a civilian employee is in the service of the US
The army does not make him a member of the armed forces.