The appellate court also affirmed Judge Benjamin Pozon's decision to detain Smith at the city jail temporarily. The court upheld Philippine exclusive jurisdiction over a convict and that the convict should be detained in a Philippine facility. By this decision, the court asserted the power of the Philippine government over US troops. As much as the court found itself disagreeing with the executive branch of the Philippine Government and the US Embassy on the custody issue, it decided to leave it up to the government to decide.