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CASE FACTS ISSUES RULING

Topic:
Philippine Appellant Loreta Gozo bought
State a house and lot located inside
the United States Naval
Territory- Reservation within the territorial
The jurisdiction of Olongapo City, Yes. First, the Court held that using the precedent in People vs. Fajardo is fruitless because this case
Archipela which she then demolished to contemplates upon defendant Fajardo who tried securing a permit from the Mayor and, when unable to,
go build another one in its place. built his home nonetheless for needing it badly. The case at bar, on the other hand, shows that the
Concept These she did without securing appellant never bothered to comply with the ordinance. The Court reiterated that, under the terms of the
Whether
the building permit from the Agreement between the Philippines and the United States, The Philippine Government has not
or not
City Mayor of Olongapo City, abdicated its sovereignty over the bases as part of the Philippine territory or divested itself completely of
Municipal
as provided for in Municipal jurisdiction over offenses committed therein. The United States Government has prior or preferential but
Order No.
The Order No. 14Series of 1964. not exclusive jurisdiction of such offenses. Jurisdiction of the Philippines over the military bases may be
14 Series
Philippine She was convicted by the trial diminished but it does not disappear. These bases are under lease to the American armed forces by
of 1964 is
Archipela court of violation of the said virtue of the military bases agreement of 1947. They are not and cannot be foreign territory.
valid and
go ordinance, which she contested
may be
by invoking due process as Archipelago Defined:
enforced
People Vs. taught in People vs. Fajardo.
within the
Gozo Appellant Gozo maintained that The Philippine territory embraces the islands and all the waters within the rectangular area delimited in
naval
her house was constructed the Treaty of Paris, the baselines of the Philippines would still have to be drawn in accordance with RA
base.
G.R. No. L- within the naval base leased to 9522 because this is the only way to draw the baselines in conformity with UNCLOS III. The baselines
36409 the American armed forces.
She argued the validity of cannot be drawn from the boundaries or other portions of the rectangular area delineated in the Treaty
October Municipal Order No. 14 or at of Paris, but from the "outermost islands and drying reefs of the archipelago."
26, 1973 the very least its applicability to
her in view of the location of
her dwelling within the naval
base.

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