G.R. No.

175888

February 11, 2009

SUZETTE NICOLAS y SOMBILON, Petitioner,

vs.
ALBERTO ROMULO, in his capacity as Secretary of Foreign Affairs; RAUL GONZALEZ, in his
capacity as Secretary of Justice; EDUARDO ERMITA, in his capacity as Executive Secretary;
RONALDO PUNO, in his capacity as Secretary of the Interior and Local Government; SERGIO
APOSTOL, in his capacity as Presidential Legal Counsel; and L/CPL. DANIEL
SMITH, Respondents.

On the 1st of November 2005, Daniel Smith committed the crime of rape against Nicole. He
was convicted of the said crime and was ordered by the court to suffer imprisonment. Smith
was a US serviceman convicted of a crime against our penal laws and the crime was
committed within the countrys jurisdiction. But pursuant to the VFA, a treaty between the
US and Philippines, the US embassy was granted custody over Smith. Nicole, together with
the other petitioners appealed before the SC assailing the validity of the VFA. Their
contention is that the VFA was not ratified by the US senate in the same way our senate
ratified the VFA.
ISSUE: Is the VFA void and unconstitutional & whether or not it is self-executing.
HELD: The VFA is a self-executing Agreement because the parties intend its provisions to
be enforceable, precisely because the VFA is intended to carry out obligations and
undertakings under the RP-US Mutual Defense Treaty. As a matter of fact, the VFA has
been implemented and executed, with the US faithfully complying with its obligation to
produce Smith before the court during the trial.
The VFA is covered by implementing legislation inasmuch as it is the very purpose and
intent of the US Congress that executive agreements registered under this Act within 60
days from their ratification be immediately implemented. The SC noted that the VFA is not
like other treaties that need implementing legislation such as the Vienna Convention. As
regards the implementation of the RP-US Mutual Defense Treaty, military aid or assistance
has been given under it and this can only be done through implementing legislation. The
VFA itself is another form of implementation of its provisions.