Case Digest (G.R. No. 159747) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On February 11, 2009, the Supreme Court, En Banc, resolved consolidated petitions (G.R. Nos. 175888, 176051, 176222) challenging the transfer of custody over Lance Corporal Daniel J. Smith, a member of the United States Marine Corps, who had been convicted by the Regional Trial Court of Makati on December 4, 2006, for the rape of Suzette S. Nicolas, committed on or about November 1, 2005, in the Subic Bay Freeport Zone. Nicolas filed a complaint under Article 266-A of the Revised Penal Code as amended by Republic Act No. 8353, alleging forcible carnal knowledge inside a van. Pursuant to the Visiting Forces Agreement (VFA) of February 10, 1998, the United States initially retained custody of Smith, delivering him to Philippine courts as required. After conviction, the Makati court sentenced Smith to reclusion perpetua and ordered his temporary detention at Makati City Jail pending agreement on confinement facilities by both governments under VFA Article V, § 10. Instead, on Decem Case Digest (G.R. No. 159747) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and case origin
- Suzette S. Nicolas (Filipina, 22 years old) filed an affidavit-complaint on November 1, 2005, accusing Lance Corporal Daniel J. Smith and four U.S. Marines of rape under Article 266-A, RPC as amended by R.A. 8353, committed inside Subic Bay Freeport Zone.
- Smith, a member of the U.S. Marine Corps, was surrendered to Philippine custody under the RP-U.S. Visiting Forces Agreement (VFA) pending prosecution.
- Trial and conviction
- For security reasons, the case was transferred from RTC Zambales to RTC Makati. U.S. authorities cooperated, bringing Smith to court as required by the VFA.
- On December 4, 2006, RTC Makati acquitted three co-accused and convicted L/Cpl. Smith of rape, sentencing him to reclusion perpetua with accessory penalties and P100,000 damages; under VFA Article V(10), it ordered his detention in agreed-upon facilities, temporarily at Makati City Jail.
- Transfer of custody and procedural history
- On December 19 and 22, 2006, the RP Department of Foreign Affairs and the U.S. Embassy executed the “Romulo-Kenney Agreements,” transferring Smith from Makati Jail to detention at the U.S. Embassy, guarded by U.S. personnel.
- On January 2, 2007, the Court of Appeals dismissed as moot Smith’s petition challenging the transfer. Petitioners filed separate special civil actions before the Supreme Court for certiorari, injunction, and review of the CA decision.
Issues:
- Is the RP-U.S. Visiting Forces Agreement (VFA) valid and constitutional under Article XVIII, Section 25 of the 1987 Constitution?
- Do the Romulo-Kenney Agreements of December 19 and 22, 2006 violate the VFA, specifically Article V, Section 10’s requirement that post-conviction detention be “by Philippine authorities”?
- Do the VFA provisions on custody and detention infringe the Supreme Court’s rule-making power (Art. VIII, Sec. 5) or the equal protection clause (Art. III, Sec. 1)?
- In light of Medellin v. Texas (U.S. SCt, March 25, 2008), is the VFA self-executing or enforceable as U.S. domestic law without implementing legislation?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)