Scribd Logo
Upload

Welcome to Scribd!

  • People vs. Gozo Digest (Auto-Limitation)

    Uploaded by

    elle
    42 views1 page
    Loreta Gozo was charged with violating a municipal ordinance that required permits for construction projects after she demolished an existing house and built a new one on her property located within a US Naval base in Olongapo City without obtaining the necessary permit. Gozo argued that the ordinance did not apply to her because her property was within the naval base and outside the jurisdiction of Olongapo City. However, the court ruled that the existence of a military or naval base on land does not remove that land from the administrative jurisdiction of the local government where it is located. While the land retains its status as part of the Philippines, agreements with foreign militaries do not impose an alien character and do not grant them administrative control over the land.

    Original Description:

    Original Title

    People vs. Gozo Digest (Auto-limitation)

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    Loreta Gozo was charged with violating a municipal ordinance that required permits for construction projects after she demolished an existing house and built a new one on her property located within a US Naval base in Olongapo City without obtaining the necessary permit. Gozo argued that the ordinance did not apply to her because her property was within the naval base and outside the jurisdiction of Olongapo City. However, the court ruled that the existence of a military or naval base on land does not remove that land from the administrative jurisdiction of the local government where it is located. While the land retains its status as part of the Philippines, agreements with foreign militaries do not impose an alien character and do not grant them administrative control over the land.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    42 views1 page

    People vs. Gozo Digest (Auto-Limitation)

    Uploaded by

    elle
    Loreta Gozo was charged with violating a municipal ordinance that required permits for construction projects after she demolished an existing house and built a new one on her property located within a US Naval base in Olongapo City without obtaining the necessary permit. Gozo argued that the ordinance did not apply to her because her property was within the naval base and outside the jurisdiction of Olongapo City. However, the court ruled that the existence of a military or naval base on land does not remove that land from the administrative jurisdiction of the local government where it is located. While the land retains its status as part of the Philippines, agreements with foreign militaries do not impose an alien character and do not grant them administrative control over the land.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    of 1

    PEOPLE OF THE PHILIPPINES, ​plaintiff-appellee​, vs.

    LORETA GOZO, ​defendant-appellant

    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.

    You might also like