Raquiza v Bradford Digest 1945

G.R. No. L-44            September 13, 1945

LILY RAQUIZA, ET AL., petitioners,
vs.
LT. COL. L.J. BRADFORD, ET AL., respondents.

Guillermo B. Guevarra for petitioners.
J.A. Wolfson for respondents.

HILADO, J.:

Facts of the Case: 

       Petitioners, Lily Raquiza, Haydee Tee Han Kee and Emma Link Infante were arrested for charges of “Espionage activity for Japanese” and “Active collaboration with the enemy” by virtue of the proclamation issued by General of the Army MacArthur on December 29, 1944.

           Petitioners pray that the Officers, Lt. Col. L.J. Bradford and Capt. Inez L. Twindle of the CIC, U.S. Army, be directed to appear before the court and produce the bodies of petitioners, and to show cause why they should not forthwith be set at liberty.

Issue: Whether or not the foreign military has the legal power to detain the petitioners.

Held:

           Yes. The Commonwealth Government asked, and the United States Government agreed, that the United States Army come and be stationed in the Philippines, for the very realization of the overruling and vehement desire and dream of the Filipino to be freed from the shackles of Japanese tyranny. The grant of a free passage, therefore, implies a waiver of all jurisdiction over the troops during their passage, and permits the foreign general to use that discipline and to inflict those punishments which the government of this army may require.