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

JESUS MIQUIABAS, petitioner,

vs.

COMMANDING GENERAL, PHILIPPINE-RYUKYUS COMMAND, UNITED STATES ARMY, respondents.

FACTS:

Petitioner is a Filipino citizen and a civilian employee of the United States Army in the Philippines, who has been charged with disposing in the Port of Manila Area of things belonging to the United States Army, in violation of the 94th Article of War of the United States. He has been arrested for that reason and a General Court-Martial appointed by respondent tried and found him guilty and sentenced him to 15 years imprisonment. On March 11, 1947, the Republic of the Philippines and the Government of the United States of America, entered into an agreement concerning military bases,

ISSUE:

whether or not the general court martial has jurisdiction to try offenses committed outside the military base

Held:

No. Paragraph 3, of Article XXI of Temporary Installation provides "that offenses committed within the temporary quarters and installations located within the present limits of the City of Manila shall not be considered as offenses within the bases but shall be governed by the provisions of Article XIII, paragraphs 2 and 4." Therefore, the offense at bar cannot be considered as committed within, but without, a base, since it has been committed in the Port of Manila Area, which is not one of the bases mentioned in Annexes A and B to the Agreement, and is merely temporary quarters located within the present limits of the City of Manila. And so hold, that the General Court-Martial appointed by respondent has no jurisdiction to try petitioner for the offense allegedly committed by him and, consequently, the judgment rendered by said court sentencing the petitioner to 15 years' imprisonment is null and void for lack of jurisdiction.