US vs. SWEET G.R. NO.

448
Generality | September 20, 1901 | Ladd, J.

Digest Maker: Jena Therese R. Tiongson

Facts: Philip K. Sweet is an employee of the United States military in the Philippines who assaulted a prisoner of war
(POW). He is charged with the crime of physical injuries in the Court of First Instance (CFI). Sweet contends that the
said court is without jurisdiction because he was an employee of the US military authorities and was “acting in the
line of duty”.
Issues:
● W/N the CFI has jurisdiction
● W/N an assault committed by a soldier or military employee upon a prisoner of war is an offense under the
Penal Code
● W/N the military character of the offense exempts the person charged from the ordinary jurisdiction of the
civil tribunals
Holding:
● The CFI has jurisdiction. Regardless of the military character of the accused, there is nothing in the
language of the law barring the CFI from having jurisdiction to try cases charged with violation of the Penal
Code within their territorial limits. The defendant and his actions are also within jurisdiction because he
failed to prove that he was indeed acting in the line of duty.
● Assault by a military officer against POW is not in the RPC but physical assault charges may be pressed
under the RPC.
● Generality principle is applied. Unless controlled by express legislation to the contrary, the jurisdiction of the
civil tribunal is unaffected by the military or other special character brought before them for trial.
Ruling:
● Judgment affirmed with costs to the appellant.