If you just read the news, the CA dismissed Smith's petition because what he was requesting for was already moot & academic since the VFA is already in effect.
Actually, we have already violated the VFA by detaining Smith in the Makati City Jail. Returning him to US custody was the least that our government could do.
Btw, it is the Executive branch who decides on how the law will be implemented as prescribed by the Legislative branch. The Judiciary branch only will intervene if there is a clarification regarding the implementation.
Thus, the government has every right to return Smith to the US custody as per the VFA. It should be Nicole's party who should make the appeal to the CA regarding his custody. It is Smith's right to remain in the custody of the US military until all legal proceedings have ended.





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