G.R. No.

175888
SUZETTE NICOLAS vs. ROMULO

FACTS:
Respondent Lance Corporal (L/CPL) Daniel Smith is a member of the US Armed Forces. He was charged with the crime of rape
committed against a Filipina, petitioner herein, sometime on November 1, 2005. Pursuant to the Visiting Forces Agreement (VFA) between
the Republic of the Philippines and the US entered into, the US, at its request, was granted custody of Smith. The RTC of Makati rendered a
decision finding defendant Smith guilty due to sufficient evidence.
Defendant Smith was taken out of the Makati jail by a contingent of Philippine law enforcement agents, purportedly acting under
orders of the DILG and brought to a facility for detention under the control of the US government under the new agreements between the
Philippines and the US, referred to as the Romulo-Kenney Agreement.
Petitioners contend that the Philippines should have custody of defendant L/CPL Smith because, first of all, the VFA is void and
unconstitutional.

ISSUE: WON the VFA is void and unconstitutional.

HELD: NO.

Art. XVIII, Sec. 25 states:

Sec. 25. After the expiration in 1991 of the Agreement between the Philippines and the United States of America concerning
Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly
concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national
referendum held for that purpose, and recognized as a treaty by the other contracting State.

The provision of Art. XVIII, Sec. 25 of the Constitution, is complied with by virtue of the fact that the presence of the US Armed Forces
through the VFA is a presence allowed under the RP-US Mutual Defense Treaty. Since the RP-US Mutual Defense Treaty itself has been
ratified and concurred in by both the Philippine Senate and the US Senate, there is no violation of the Constitutional provision resulting from
such presence.
The VFA being a valid and binding agreement, the parties are required as a matter of international law to abide by its terms and
provisions.
Applying, however, the provisions of VFA, the Court finds that there is a different treatment when it comes to detention as against
custody. Art. V, Sec. 10. The confinement or detention by Philippine authorities of United States personnel shall be carried out in
facilities agreed on by appropriate Philippines and US authorities.
Therefore, the Romulo-Kenney Agreements of December 19 and 22, 2006, which are agreements on the detention of the accused in
the United States Embassy, are not in accord with the VFA itself because such detention is not by Philippine authorities. Respondents
should therefore comply with the VFA and negotiate with representatives of the United States towards an agreement on detention facilities
under Philippine authorities as mandated by Art. V, Sec. 10 of the VFA.

Mejoff vs. Director of Prisons
Facts:
The petitioner Boris Mejoff is an alien of Russian descent who was brought to this country from Shanghai as a secret
operative by the Japanese forces during the latter's regime in the Philippines. Upon liberation, he was arrested as a
Japanese spy by US Army Counter Intelligence Corps. The People's Court ordered his release but the Deportation Board
taking his case found that having no travel documents, Mejoff was an illegal alien in this country and must referred the
matter to the immigration authorities. After corresponding investigation, the Immigration Board of Commissioners
declared that Mejoff entered the Philippine illegally and therefore must be deported on the first available transportation
to Russia. The petitioner was then under custody. After repeated failures to ship this deportee abroad, the authorities
moved him to Bilibid Prison at Muntinlupa where he has been confined up to the present time. Two years had elapsed but
the Government has not found ways and means of removing the petitioner out of the country although it should be said in
fairness to the deportation authorities that it was through no fault of theirs that no ship or country would take the
petitioner.

Issue:
WON Mejoff should be released from prison pending his deportation.

Held:
The Philippines adopts the Universal Declaration of Human Rights since it is a generally accepted principle of
international law. It should be applied also to illegal aliens like Mejoff so that it would be a violation of the said international
law to detain him for an unreasonable length of time since no vessel from his country is willing to take him. Considering that
the Government desires to expel the alien and does not relish keeping him at the people's expense, we must presume it is
making efforts to carry out the decree of exclusion by the highest officer of the land. On top of the presumption, assurances
were made during the oral argument that the Government is really trying to expedite the expulsion of Mejoff. The petitioner
can be released if there is a record shown that the deportee is being imprisoned under the pretense of awaiting a chance for
deportation or unless the Government admit that it can not deport him or he is being held for too long a period our courts will
not interfere. Article 2 of the Philippine Constitution states that, "The Philippines renounces war as instrument of national
policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy
of peace, equality, justice, freedom, cooperation, and amity with all nations. The protection against deprivation of liberty
without due process of law, and except for crimes committed against the laws of the land, is not limited to Philippine citizens
but extends to all residents, except enemy aliens, regardless of nationality.