TCC_COL_CaseBrief_01 Criminal Procedure 1 - Case Briefs 5

Laude vs Ginez-Jabalde, GR No. 217456, 24 November 2015

Ponente: LEONEN, J.

FACTS:
Jeffrey "Jennifer" Laude (Jennifer) was allegedly killed by 19-year-old US Marine L/CPL Joseph Scott Pemberton (Pemberton) at the
Celzone Lodge on Ramon Magsaysay Drive in Olongapo City. The former’s sister, Marilou S. Laude (Laude) filed a complaint for murder against
Pemberton before the Olongapo City Office of the City Prosecutor. Pemberton was later detained in Camp Aguinaldo, the general
headquarters of the Armed Forces of the Philippines.
The Public Prosecutor handling the case filed an Information for murder against Pemberton before the Regional Trial Court in
Olongapo City. A warrant of arrest against Pemberton was issued and he surrendered personally to Judge Roline M. Ginez-Jabalde (Judge
Ginez-Jabalde).
Pemberton was arraigned. On the same day, Laude filed an Urgent Motion to Compel the Armed Forces of the Philippines to
Surrender Custody of Accused to the Olongapo City Jail and a Motion to Allow Media Coverage. Judge Ginez-Jabalde denied petitioners' Urgent
Motion for lack of merit.
According to the Petitioners, Judge Ginez-Jabalde committed grave abuse of discretion tantamount to an excess or absence of
jurisdiction when she dismissed the Urgent Motion to Compel the Armed Forces of the Philippines to Surrender Custody of Pemberton to the
Olongapo City Jail on mere technicalities. The Public respondents posits that while the Visiting Forces Agreement "grants primary jurisdiction
to Philippine authorities" in this case, Pemberton's handover specifically to the Olongapo City Jail is unnecessary.
The Visiting Forces Agreement does not specify the place of an accused American personnel's confinement. The issue of custody is
thus "best left to the discretion of the trial court." According to public respondents, for so long as the present arrangement neither renders it
difficult for Pemberton to appear in court when he is required nor impairs Judge Ginez-Jabalde's authority to try the case, the trial court may
validly decide for Pemberton to remain where he currently is.

ISSUE:
Whether the Philippine Authorities have jurisdiction on the person of US Marine L/CPL Joseph Scott Pemberton

HELD:
Yes. The Philippine Authorities have jurisdiction on the person of US Marine L/CPL Joseph Scott Pemberton.
The Visiting Forces Agreement being a valid and binding agreement between the United States and the Philippines, the parties are
required as a matter of international law to abide by its terms and provisions. The rule in international law is that a foreign armed forces
allowed to enter one's territory is immune from local jurisdiction, except to the extent agreed upon. Section 10, Article V of the Visiting Forces
Agreement (VFA) provides that, “The confinement or detention by Philippine authorities of United States personnel shall be carried out in
facilities agreed on by appropriate Philippines and United States authorities. xxx"
The detainment of Pemberton at Camp Aguinaldo, as described by the petitioners as being the "General Head Quarters of the Armed
Forces of the Philippines”, a facility controlled by Philippine Authorities and is a well within the compounds of “facilities agreed on by
appropriate Philippines and United States authorities” as stated in the VFA.
Therefore, Philippine Authorities by way of General Head Quarters of the Armed Forces of the Philippines, have jurisdiction over the
person of US Marine L/CPL Joseph Scott Pemberton.

SY 2021 - 2022, TOMAS CLAUDIO COLLEGES, COLLEGE OF LAW; TAGHANGIN MORONG, RIZAL