Nicolas v.

Romulo

GR No 175888 Feb 11, 2009

The dispute about where Daniel Smith (yung US military na nang rape) will be
detained after the trial.

Facts
- Lance Corporal Daniel Smith was convicted of rape committed against
Suzette Nicolas, a Filipina. During the trial, he was in the custody of the US
Gov’t pursuant to the VFA. After the RTC of Makati rendered its decision
finding Daniel Smith guilty of rape, he was supposed to be detained at the
Makati city jail until further orders. But he was taken out by PH law
enforcement agents under orders of the DILG and brought to a facility for
detention controlled by the US gov’t. This was pursuant to the Romulo-
Kenney Agreement.
- This was then brought to the CA, but was dismissed for being moot.

Issue
- Is the agreement constitutional/valid?

Held
- No. The Romulo-Kenney Agreement is unconstitutional for being
contradictory to the VFA.
- Under the VFA, it can be clearly ascertained that custody during trial is
different from detention after conviction.
- It is stated in the VFA that the detention of the accused shall be carried out in
facilities agreed upon by the PH gov’t authorities and the US gov’t authorities,
and that the detention shall be by the PH authorities. Therefore, the
detention pursuant to the Romulo-Kenney Agreement, that the accused will
be detained in the US Embassy, is not in accord with the VFA itself.

Equal Protection discussion

- The equal protection clause is not violated because there is a substantial
basis for a different treatment of a member of a foreign military armed force
allowed to enter the PH and all other accused.
- The rule in International Law is that a foreign armed forces member allowed
to enter one’s territory is immune from local jurisdiction to the extent agreed
upon.

Notes
- The validity of VFA was also discussed.
- It is known that under the PH Bill of 1902, which laid the basis for the PH
Commonwealth, the US agreed to cede to the PH all the territory it acquired
from Spain under the treaty of Paris, except certain naval ports and/or
military bases, which were covered by the RP-US Military bases agreement.
 After the Expiration of such agreement, the US ceded the remaining islands to
the PH.
- The VFA is a treaty concurred by the Senate, and attested by the authorities
of the US gov’t. The fact that the VFA was not submitted to the US Senate does
not invalidate its binding force. The VFA was just an implementing
agreement of the RP-US mutual defense treaty, which does not need to be
submitted to the US Senate, but only for ratification of the US Congress.