One of the fundamental functions of the Government is to regulate its inhabitants.

Under the Police Power, the government has the power and authority to maintain and
regulate the people under its Jurisdiction. It has the power to enforce the law against its
inhabitants. Jurisdiction, in the broad sense, is the power or authority of the court to take
cognizance of a case and to hear and decide on a case. In normal circumstance, the
power of the government to exercise said power to people under its jurisdiction is
exclusive. However, this is not always the case. One example is provided for in the
Visiting forces agreement which provides for its own jurisdiction to Military personnel
under the agreement.

Article 5 of the treaty provides for the Criminal Jurisdiction. Under this article, the
rules and procedure for enforcement of the law against U.S. Military personnel are laid
out. In the first part of the Article it provides that both Philippine authority and U.S.
authority may exercise jurisdiction. It also provides under which law they may be held
liable.

In the paragraph 2, it provides who may exercise primary jurisdiction between the
two states over the military personnel charge. The Philippines has primary and
exclusive jurisdiction on offenses that are punishable in Philippine law, including
offenses relating to the security of the Philippines, and not punishable under the laws of
United States. On the other hand, The United States has primary and exclusive
jurisdiction over said personnel on offenses punishable under their law, including
offenses relating to United States security, and not punishable under Philippine Law.
The crimes included in the term security are provided for in paragraph 2(c). These are
the crimes of treason, sabotage and the like.

With two states exercising jurisdiction over the military personnel, the chance of the two
states to exercise their jurisdiction on one offense is highly probable. To resolve this, the
agreement provided for the rules and procedure to be followed in case of concurrent
jurisdiction. Under paragraph 3, the Philippines is given primary right to exercise
jurisdiction over all offenses committed by United States personnel, except in cases
provided for in paragraphs l (b), 2 (b), and 3 (b) of this Article. Paragraph 1(b) provides
for those punishable under military and disciplinary laws of the United States.
Paragraph 2(b) provides for offenses punishable under their law and security and not
punishable under our law. Paragraph 3(b) provides for offenses committed in the
performance of official duty and offenses solely against the property or security of the
United States or offenses solely against the property or person of United States
personnel.

With regard to the exercise of jurisdiction, the succeeding paragraphs provides

for the rights and obligation of both countries with each other still under the rules of
concurrent jurisdiction. The agreement gives both the right to request from the other to
waiver their exercise of jurisdiction on a particular case. This waiver of right is subject to
the approval of both states. However, in certain circumstances that Philippines may, if it
determines the case to be of particular importance, to retain the primary right to
exercise jurisdiction. Such communication must be made within twenty (20) days after
the Philippine authorities receive the request of the United States.

The provision also provides for those with regard to 3(b)(2),when United States
military commander determines that the offense charged 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 is open to review by Philippine authorities.

Last provisions under the rules provide for when a government does not exercise
the jurisdiction given by this act, it shall notify the authorities of the other government as
soon as possible. They shall notify each other of the disposition of all cases in which
both have the right to exercise jurisdiction.

Reverting to the normal sequence, both authorities shall assist each other in
arresting the United States personnel and handing them over to the authority who hare
to exercise jurisdiction. When caught by the United States Military authority, they shall
notify the Philippine authority. This is the same with the Philippines if they caught the
person. The custody of any United States personnel that is subject of Philippines
jurisdiction shall reside with the United States military authorities, if they so request,
from the commission of the offense until completion of all judicial proceedings. The
Philippine authorities may request the presence of the individual for investigation or
judicial proceedings. 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.

With regard to investigation, They shall assist each other in carrying out of all
necessary investigations into offenses and cooperate to provide the attendance of
witnesses and evidence. In addition, the agreement provides for double jeopardy.
However, this is only applicable in the Philippines. Hence, he may still be tried under
United States Jurisdiction.

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 to
the same right under the rights of the accused, with the addition of:

1. To have the services of a competent interpreter;

 2. 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.

Lastly, 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 and they cannot be tried under
Military courts but only under Ordinary Courts.

Article VI

Claims

This article provides for waiver by both governments of any and all claims against each
other for damage, loss or destruction to property of each others armed forces or for
death or injury to their military and civilian personnel arising from activities to which this
agreement applies with the exception of contractual arrangement and other meritorious
circumstances.

Complementary Act

Article VIII

Criminal Jurisdiction

The Criminal Jurisdiction under the Complementary Act of the VFA is different on
the following:

1. The Jurisdiction which a Philippine Military personnel may be subject to is

not fixed and is set to the determination of whether the United States Law
or the Philippine military law will apply.
2. The Military personnel detained in the US installation may be handed to
the United States Authorities or Philippine Authorities.
3. When Republic of the Philippines personnel are detained, taken into
custody, or prosecuted by authorities in the United States, they shall be
accorded all procedural guarantees established by applicable United
States federal or state law, including the similar to the bill of rights in the
Philippine and other right such as:
to communicate promptly with and to be visited regularly by Republic
of the Philippines authorities, to have such authorities present at all
judicial proceedings, and to receive assistance deemed by such
authorities to be desirable;
 To have the services of a competent interpreter;
To seek a writ of habeas corpus;
Not to be prosecuted for a criminal offense as a result of any act or
omission which did not constitute a criminal offense under United
States federal or state law at the time it was committed;
At the discretion of the judge or other competent authority, to have
credited to any sentence of confinement any period of pretrial
detention by either Party; and
To be visited regularly by members of their immediate family in
accordance with applicable United States or state penal procedures.
4. Upon request of Philippine authorities that such assistance is necessary
for the maintenance and discipline of its forces in the United States, and
upon a finding and declaration to this effect by the President of the United
States, the Government of the United States shall give effect to the
provision of United States law regarding Service courts of friendly foreign
forces.

On the Other hand, the two VFA are similar in the following provisions:

1. They may waive their primary jurisdiction in favor of the other government.
However, Department of State and the Department of Defense, after special
consideration, determine that United States interests require the exercise of
United States federal or state jurisdiction.
2. They are required to give notice when any Philippines personnel is detained or
arrested to the Republic of the Philippines.
3. In confinement, the Philippine Personnel shall be served in penal institutions in
the United States suitable for the custody level of the prisoners chosen after
consultation between the two governments. He may not be subject to United
States military confinement facilities, except when requested by the Philippine
military authorities.

Lastly, there is no specific article for claims in the complementary VFA.