Facts:

Respondent Lance Corporal Daniel Smith, a member of the United States Armed Forces,
was charged with rape against a Filipina petitioner in November 2005. Pursuant to the
Visiting Forces Agreement (VFA) between the Philippines and the United States, Smith was
granted custody to the U.S. government pending trial. After his conviction, Smith was taken
into custody by Philippine law enforcement agents but later transferred to a facility under
U.S. control, in accordance with the Romulo-Kenney Agreement and the VFA.

Issues:

Whether the presence of U.S. Armed Forces in the Philippines under the VFA is allowed
under a treaty duly concurred in by the Philippine Senate and recognized as a treaty by the
United States.
Whether the transfer of custody of an accused to a foreign power violates the Philippine
Constitution, particularly the equal protection clause and the exclusive power of the court to
adopt rules of procedure.

Ruling:

The presence of U.S. Armed Forces in the Philippines under the VFA is allowed under a
treaty duly concurred in by the Philippine Senate and recognized as a treaty by the United
States. The VFA, an implementing agreement of the RP-US Mutual Defense Treaty, is
self-executing and covered by implementing legislation, the Case-Zablocki Act. Thus, it
substantially complies with the requirements of the Philippine Constitution.
The transfer of custody of an accused to a foreign power does not violate the Philippine
Constitution. While there is a difference between custody during trial and detention after
conviction, the detention of accused personnel by Philippine authorities in facilities agreed
upon by both parties is consistent with the VFA. The VFA is an exception recognized under
international law, and its provisions do not violate the Constitution's principles on equal
protection and the court's power to adopt rules of procedure.

Principles:

The immunity of visiting foreign armed forces from local jurisdiction is a principle recognized
in international law.

The VFA is considered a treaty under international law, and its provisions are enforceable
as domestic law in both the Philippines and the United States.
There are different types of treaties in the American system, including Art. II, Sec. 2 treaties,
Executive-Congressional Agreements, and Sole Executive Agreements, each with its own
process of ratification or approval.