People v Gozo

Facts:
Loreta Gozo bought a house and lot which was located inside the US Naval Reservation
which is within the territorial jurisdiction of Olongapo City. Upon the advice of an assistant in the
Mayor’s Office and some neighbors, she demolished the house standing thereon without acquiring
the necessary permits and then later on erected another house. She was then charged by the City
Engineer’s Office for violating a municipal order which requires her to secure permits for any
demolition and/or construction within the City. She was convicted in violation thereof by the lower
court. She appealed and countered that the City of Olongapo has no administrative jurisdiction
over the said lot because it is within a Naval Base of a foreign country.
ISSUE:
Is the Municipal Ordinance enforceable within the US Naval Base?
HELD:
Yes. The Philippine Government has not abdicated its sovereignty over the bases as part
of the Philippine territory or divested itself completely of jurisdiction over offenses committed
therein. Under the terms of the treaty, the United States Government has prior or preferential but
not exclusive jurisdiction of such offenses. The Philippine Government retains not only
jurisdictional rights not granted, but also all such ceded rights as the United States Military
authorities for reasons of their own decline to make use of (Military Bases Agreement). Hence, in
the exercise of its sovereignty, the State through the City of Olongapo does have administrative
jurisdiction over the lot located within the US Naval Base.