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  • Philippines Has Jurisdiction Over Land Within US Naval Reservation

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    KELVIN
    70 vizualizări1 pagină
    Loreta Gozo built a new house on her property located within the United States Naval Reservation in Olongapo City without obtaining the required building permit. She claimed neighbors and a city official told her a permit was not necessary. Gozo was charged and found guilty of violating a municipal ordinance requiring permits. On appeal, Gozo argued the ordinance did not apply as her property was on a U.S. naval base. However, the court held that as a sovereign nation, the Philippines has jurisdiction over its entire territory, including U.S. military bases located there. Thus, Gozo was not exempt from local permitting requirements.

    Descriere originală:

    Constitutional Law 1, People versus Loreta Gozo, article 2, Section 2.

    Titlu original

    People vs. Gozo (Art. II, Sec. 1)

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    Loreta Gozo built a new house on her property located within the United States Naval Reservation in Olongapo City without obtaining the required building permit. She claimed neighbors and a city official told her a permit was not necessary. Gozo was charged and found guilty of violating a municipal ordinance requiring permits. On appeal, Gozo argued the ordinance did not apply as her property was on a U.S. naval base. However, the court held that as a sovereign nation, the Philippines has jurisdiction over its entire territory, including U.S. military bases located there. Thus, Gozo was not exempt from local permitting requirements.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    70 vizualizări1 pagină

    Philippines Has Jurisdiction Over Land Within US Naval Reservation

    Încărcat de

    KELVIN
    Loreta Gozo built a new house on her property located within the United States Naval Reservation in Olongapo City without obtaining the required building permit. She claimed neighbors and a city official told her a permit was not necessary. Gozo was charged and found guilty of violating a municipal ordinance requiring permits. On appeal, Gozo argued the ordinance did not apply as her property was on a U.S. naval base. However, the court held that as a sovereign nation, the Philippines has jurisdiction over its entire territory, including U.S. military bases located there. Thus, Gozo was not exempt from local permitting requirements.

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    din 1

    53 SCRA 476

    G.R. No. L-36409 October 26, 1973

    THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

    Vs.

    Loreta Gozo, defendant-appellent

    FACTS: Gozo bought a house and lot situated at the United States Naval Reservation which is
    within the jurisdiction of Olongapo City. However, she did not acquire a building permit after
    she demolished and built a new house in the said lot, asserting that her neighbours, as well as
    one Ernesto Evalle, an assistant in the City Mayors office told her that a permit was not
    necessary.

    On December 29, 1966 four carpenters working on the house were apprehended by Juan
    Malones, a building and lot inspector of the City Engineers Office, and by Ramon Macahilas, a
    patrolman of the Olongapo City police force. Gozo was charged with violation of Municipal
    Ordinance No. 14, Series of 1964, and was sentenced to imprisonment for one month, and
    payment of costs.

    Upon appeal to the Court of First Instance of Zambales, she was found guilty and ordered to
    pay a fine of P200, and to demolish the house. In the Court of Appeals, Gozo raised the
    question of constitutional validity of the said ordinance or at least its applicability to her case.

    ISSUE: Whether or not the Philippine Government has sovereignty over and thus may exercise
    its jurisdiction over the land where Gozos house and lot is located.

    HELD: Yes, Section 1, of Article II of the 1987 Constitution states that The Philippines is a
    democratic and republican state. Sovereignty resides in the people and all government
    authority emanates from them.

    Sovereignty here refers to legal sovereignty, the supreme power to affect legal interests either
    by legislative, executive, or judicial action. Government refers to aggregate of institutions
    by which an independent society makes and carries out those rules which are imposed upon
    the people forming that society.

    In Reagan vs. Commissioner of Internal Revenue it is clearly stated: Nothing is better settled
    than that the Philippines, being independent and sovereign, its authority may be exercised over
    its entire domain. Thus, Gozo may not claim that the Municipal Ordinance does not apply to
    her for the reason that the house she built is situated in the US Naval Reserve.

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