See - www.state.gov/documents/organization/107852.pdf
Criminal jurisdiction;
Agreement Between the Government of the United States of America
and the Government of the Republic of the Philippines
Regarding the Treatment of United States Armed Forces
Visiting the Philippines
Article V
Criminal Jurisdiction
1. Subject to the provisions of this article:
(a) Philippine authorities shall have jurisdiction over United States
personnel with respect to offenses committed within the Philippines
and punishable under the law of the Philippines.
(b) United States military authorities shall have the right to exercise
within the Philippines all criminal and disciplinary jurisdiction
conferred on them by the military law of the United States over United
States personnel in the Philippines.
2. (a) Philippine authorities exercise exclusive jurisdiction over United
States personnel with respect to offenses, including offenses relating to
the security of the Philippines, punishable under the laws of the
Philippines, but not under the laws of the United States.
(b) United States authorities exercise exclusive jurisdiction over
United States personnel with respect to offenses, including offenses
relating to the security of the United States, punishable under the laws
of the United States, but not under the laws of the Philippines.
(c) For the purposes of this paragraph and paragraph 3 of this article,
an offense relating to security means:
(1) treason;
(2) sabotage, espionage or violation of any law relating to
national defense.
3. In cases where the right to exercise jurisdiction is concurrent, the
following rules shall apply:
(a) Philippine authorities shall have the primary right to exercise
jurisdiction over all offenses committed by United States personnel,
except in cases provided for in paragraphs 1 (b), 2 (b), and 3 (b) of this
Article.
(b) United States military authorities shall have the primary right to
exercise jurisdiction over United States personnel subject to the
military law of the United States in relation to:
(1) offenses solely against the property or security of the United States
or offenses solely against the property or person of United States
personnel; and
(2) offenses arising out of any act or omission done in performance of
official duty.
(c) The authorities of either government may request the authorities of
the other government to waive their primary right to exercise
jurisdiction in a particular case.
(d) Recognizing the responsibility of the United States military
authorities to maintain good order and discipline among their forces,
Philippine authorities will, upon request by the United States, waive
their primary right to exercise jurisdiction except in cases of particular
importance to the Philippines. If the Government of the Philippines
determines that the case is of particular importance, it shall
communicate such determination to the United States authorities within
twenty (20) days after the Philippine authorities receive the United
States request.
(e) When the United States military commander determines that an
offense charged by authorities of the Philippines against United States
personnel arises out of an act or omission done in the performance of
official duty, the commander will issue a certificate setting forth such
determination. This certificate will be transmitted to the appropriate
authorities of the Philippines and will constitute sufficient proof of
performance of official duty for the purposes of paragraph 3(b)(2) of
this article. In those cases where the Government of the Philippines
believes the circumstances of the case require a review of the duty
certificate, United States military authorities and Philippine authorities
shall consult immediately. Philippine authorities at the highest levels
may also present any information bearing on its validity. United States
military authorities shall take full account of the Philippine position.
Where appropriate, United States military authorities will take
disciplinary or other action against offenders in official duty cases, and
notify the Government of the Philippines of the actions taken.
(f) If the government having the primary right does not exercise
jurisdiction, it shall notify the authorities of the other government as
soon as possible.
(g) The authorities of the Philippines and the United States shall notify
each other of the disposition of all cases in which both the authorities of
the Philippines and the United States have the right to exercise
jurisdiction.
4. Within the scope of their legal competence, the authorities of the
Philippines and the United States shall assist each other in the arrest of
United States personnel in the Philippines and in handing them over to
authorities who are to exercise jurisdiction in accordance with the
provisions of this article.
5. United States military authorities shall promptly notify Philippine
authorities of the arrest or detention of United States personnel who are
subject to Philippine primary or exclusive jurisdiction. Philippine
authorities shall promptly notify United States military authorities of
the arrest or detention of any United States personnel.
6. The custody of any United States personnel over whom the
Philippines is to exercise jurisdiction shall immediately reside with
United States military authorities, if they so request, from the
commission of the offense until completion of all judicial proceedings.
United States military authorities shall, upon formal notification by the
Philippine authorities and without delay, make such personnel available
to those authorities in time for any investigative or judicial proceedings
relating to the offense with which the person has been charged. In
extraordinary cases, the Philippine Government shall present its
position to the United States Government regarding custody, which the
United States Government shall take into full account. In the event
Philippine judicial proceedings are not completed within one year, the
United States shall be relieved of any obligations under this paragraph.
The one year period will not include the time necessary to appeal.
Also, the one year period will not include any time during which
scheduled trial procedures are delayed because United States
authorities, after timely notification by Philippine authorities to arrange
for the presence of the accused, fail to do so.
7. Within the scope of their legal authority, United States and
Philippine authorities shall assist each other in the carrying out of all
necessary investigations into offenses and shall cooperate in providing
for the attendance of witnesses and in the collection and production of
evidence, including seizure and, in proper cases, the delivery of objects
connected with an offense.
8. When United States personnel have been tried in accordance with
the provisions of this article and have been acquitted or have been
convicted and are serving, or have served their sentence, or have had
their sentence remitted or suspended, or have been pardoned, they may
not be tried again for the same offense in the Philippines. Nothing in
this paragraph, however, shall prevent United States military authorities
from trying United States personnel for any violation of rules of
discipline arising from the act or omission which constituted an offense
for which they were tried by Philippine authorities.
9. When United States personnel are detained, taken into custody, or
prosecuted by Philippine authorities, they shall be accorded all
procedural safeguards established by the law of the Philippines. At the
minimum, United States personnel shall be entitled:
(a) To a prompt and speedy trial;
(b) To be informed in advance of trial of the specific charge or
charges made against them and to have reasonable time to prepare a
defense;
(c) To be confronted with witnesses against them and to cross examine
such witnesses;
(d) To present evidence in their defense and to have compulsory
process for obtaining witnesses;
(e) To have free and assisted legal representation of their own choice
on the same basis as nationals of the Philippines;
(f) To have the services of a competent interpreter;
(g) To communicate promptly with and to be visited regularly by
United States authorities, and to have such authorities present at all
judicial proceedings. These proceedings shall be public unless the
court, in accordance with Philippine law, excludes persons who have no
role in the proceedings.
10. The confinement or detention by Philippine authorities of United
States personnel shall be carried out in facilities agreed on by
appropriate Philippine and United States authorities. United States
personnel serving sentences in the Philippines shall have the right to
visits and material assistance.
11. United States personnel shall be subject to trial only in Philippine
courts of ordinary jurisdiction, and shall not be subject to the
jurisdiction of Philippine military or religious courts.
x x x."
