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People vs. Gozo Digest (Auto-Limitation)
People vs. Gozo Digest (Auto-Limitation)
SYLLABUS
Principle of Auto-Limitation
- It is to be admitted that any state may, by its consent (express or implied) submit to a
restriction of its sovereign rights
- Jellinek: property of a state-force due to which it has the exclusive capacity of legal
self-determination and self-restriction
FACTS
Loreta Gozo bought a house and a lot located inside the US Naval Reservation in Olongapo
City. She demolished and built a new house without a permit from Olongapo City Mayor,
because she was told by Ernesto Evalle (City Mayor assistant) and her neighbors that such
permit is not necessary. On December 1966, Malones (from City Engineer’s Office) and
Macahilas (from police force) apprehended carpenters working on the house. Gozo was
charged with violation of Municipal Ordinance No. 14, S. of 1964 (imprisonment + pay costs).
Court of First Instance of Zambales found her guilty. But when it was raised to the Court of
Appeals, she argued that such ordinance does not apply to her because her dwelling is wthin
the naval base.
ISSUE/S
Whether Gozo’s dwelling is not within the jurisdiction of Olongapo City due to its
location within the naval base
RULING
1. NO. The appellant’s reliance on People v. Fajardo1 is not applicable because on the
contrary, Gozo never complied with the ordinance. There is no alleged absence of
administrative jurisdiction of Olongapo CIty because the mere existence of military or
naval bases does not cut the power to govern. The military bases agreement of 1947
does not impose an alien character on naval bases, which still retain their status as part
of “native soil”. The administrative jurisdiction of a municipal corporation allows
statutory powers vested in it to be validly exercised. There is no showing of any
alleged grant of administrative jurisdiction [to US]. Moreover, the carrying-out provisions
of the Bases Agreement concerns contracting parties alone, so the question of
jurisdiction is something that the appellant has nothing to do or say, especially since the
concern is purely domestic and devoid of any connection with national security.
1
In this case, Fajardo filed a written request with the incumbent mayor for a permit to construct a building
on Fajardo’s land, but his request was denied for the reason among others that the proposed building
would destroy the view of the public plaza. They reiterated the request, but was denied again. Despite
this, appellants proceded with the construction because they needed a place of residence badly.