Published on CIA FOIA (foia.cia.gov) (https://www.cia.gov/readingroom)


MILITARY BASES IN THE PHILIPPINES

Document Type: 
CREST [1]
Collection: 
General CIA Records [2]
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP57-00384R001300070009-4
Release Decision: 
RIFPUB
Original Classification: 
K
Document Page Count: 
23
Document Creation Date: 
December 9, 2016
Document Release Date: 
March 27, 2001
Sequence Number: 
9
Case Number: 
Publication Date: 
March 14, 1947
Content Type: 
REPORT
File: 
AttachmentSize
PDF icon CIA-RDP57-00384R001300070009-4.pdf [3]1.14 MB
Body: 
Approved For Release OEt18g5Ol3O TREATIES AND OTHER INTERNATIONAL ACTS SERIES I77* MILITARY BASES IN THE PHILIPPINES Agreement and Accompanying Notes Between the UNITED STATES OF AMERICA and the REPUBLIC OF THE PHILIPPINES ? Signed at Manila March 14, 1947 ? Entered into Force March 26, 1947 State Dept. dec) - rAMM n p~paS rLqArMO'- -0031~rLg tits I ale TOIR R/ZE4'rG 8?AJ!tg0070009-4 7-00384R001300070009-4 DEPARTMENT OF STATE PUBLICATION 3257 [Literal print] UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON : 1948 For sale by the Superintendent of Documents, U. S. Government Printing Office Washington 25, D. C.: Price 10 cents Approved For.Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24.: CIA-RDP57-00384R001300070009-4 AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ; THE . REPUBLIC OF THE PHILIPPINES CONCERNING MILITARYBASES WHEREAS, the war in the Pacific has confirmed the mutuality of interest of the United States of America and of the Republic of the Philippines in matters relating to the defense of their respective terri- tories and that mutuality of interest demands that the Governments ref the two countries take the.. necessary measures to promote their mutual security and to _ defend their territories and areas; WHEREAS, the Governments of the United States of America and of the Republic of the Philippines are desirous of cooperating in the common defense of their two countries through arrangements con- sonant with the procedures and objectives of the United Nations, and particularly through a grant to the United States of America by the Republic of the Philippines in the exercise of its title and sovereignty, of the use, free of rent, in: furtherance of the mutual interest of both countries, of certain lands of the public domain; WnnREAs, the Government of the Republic:of the Philippines has requested United States assistance in providing for the defense of the Philippines and. in developink for such defense effective Philip- pine armed -forces; WI EnEAS, pursuant to this request the Government of the United States of America has, in view of its interest in the welfare of the Philippines, indicated its intention of dispatching a military mission to the Philippines and of extending to her appropriate assistance in the. development of the Philippine defense forces; WILEeEAS,, a Joint Resolution of the Congress of the United States of America of June 29, 1944, [1] authorized the President of the United States of America to acquire bases for the mutual protection of the United States of America and of the Philippines; and WHEREAS, Joint Resolution No. 4 of the Congress of the Philip- pines, approved July 28, 1945, [2] authorized the President of the United States of America to negotiate with the President of the 'P'hilippines for the establishment of bases provided for in the Joint Public Law 381; 58 S'tat., 626. 2 Philippine Official Gazette, no. 5, August 1945, p. 349. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved7For Release 2001/08/24: 2 CIA-RDP57-00384ROO1300070009-4 Resolution of the Congress of the United States of America of June 29, 1944, with a view to insuring the territorial integrity of the Phil- ippines, the mutual protection of the United States of America and the Philippines, and the maintenance of peace in the Pacific; THEREFORE, the Governments of the Republic of the Philippines and of the United States of America agree upon the following terms for the delimitation, establishment, maintenance 'and operation of military bases in the Philippines .ARTICLE I GRANT OF BASES 1. The Government of the Republic of the Philippines (hereinafter referred to as the Philippines) grants to the Government of the United States of America (hereinafter referred to as the United States) the right to retain the use of the bases in the Philippines listed in Annex A attached hereto. 2. The Philippines agrees to permit the United States, upon notice to the Philippines, to use such of those bases listed in Annex B as the United States determines to be required by military necessity. 3. The Philippines agrees to enter into negotiations with theUnited States at the latter's request, to permit the United States to expand such bases, to exchange such bases for other bases, to acquire addi- tional bases, or relinquish rights to bases, as any of such exigencies may be required by military necessity. 4. A narrative description of the boundaries of the bases to which this Agreement relates is given in Annex A and Annex B. An exact description of the bases listed in Annex A, with metes and bounds, in conformity with the narrative descriptions, will be agreed upon between the appropriate authorities of the two Governments as soon as possible. With respect to any of the bases listed in Annex B, an exact description with metes and bounds, in conformity with the nar- rative description of such bases, will be agreed upon if and when such bases are acquired by the United States. ARTICLE II MUTUAI. COOPERATION 1. It is mutually agreed that the armed forces of .the Philippines may serve on United States bases and that the armed forces of the United States may serve on Philippine military establishments when- ever such conditions appear beneficial as mutually determined by'the armed forces of both countries. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 3 [No.. 17751 r:2. Joint outlined plans for the development of military bases in the Philippines may be prepared by military authorities of the two Gov- ernments. 3, In the.interest of international security any bases listed in. A and B may be made available to the Security Council of the United Nations on its call by prior mutual agreement between the- United States and the Philippines. ARTICLE III DESCRIPTION OF RIGHTS 1. It is mutually agreed that the United States shall have the rights, power and authority within the bases which are necessary for the es- tablishment, use, operation and defense thereof or appropriate for the control thereof and all the rights, power and authority within the limits of territorial waters and air space adjacent to, or in the vicinity of, the bases which are necessary to provide access to them, or appro- priate for their control. 2. Such rights, power and authority shall include, inter alia, the right, power and authority : (a) to construct (including dredging and filling), operate, maintain, utilize, occupy, garrison and control the bases; (b) to improve and deepen the harbors, channels, entrances and anchorages, and to construct or maintain necessary roads and bridges affording access to the bases; (c) to control (including the right to prohibit) in so far as may be required for the efficient operation and safety of the bases, and within the limits of military necessity, anchorages, moorings, landings, takeoffs, movements and operation of ships and water- borne craft, aircraft and other vehicles on water, in the air or on land comprising or in the vicinity of the bases; (d) the right to acquire, as may be agreed between the two Governments, such rights of way,, and to construct thereon, as may be required for military purposes, wire and radio communications facilities, including submarine and subterranean cables, pipe lines and spur tracks from railroads to bases, and the right; as may be agreed upon between the two Governments to construct the neces- sary facilities; (e) to construct, install, maintain, and employ on any base any type of facilities, weapons, substance, device, vessel or vehicle on or under the ground, in the air or on or under the water that may be requisite or appropriate,' including meteorological systems, aerial and water navigation lights, radio acid radar apparatus and elec- Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 [No. 1775] 4 tronic devices, of any desired power; type of -emission and fre- quency. 3. In the exercise of the above-mentioned, rights, power and au- thority, the United States agrees that the powers granted to it will not be used unreasonably or, unless required by military necessity determined by the two Governments, so as to interfere with the neces- sary rights of navigation, aviation, communication, or land travel within the territories of the Philippines. In the practical application outside the bases of the rights, power and authority granted in this Article there shall be, as the occasion requires, consultation between the two Governments. ARTICLL IV SHIPPING AND NAVIGATION 1. It is mutually agreed that United States public vessels operated by or for the War or Navy Departments, the Coast Guard or the Coast and Geodetic Survey, and the military forces of the United States, military and naval aircraft and Government-owned vehicles, including armor, shall be accorded free access to and movement be- tween ports and United States bases throughout the Philippines, in- cluding territorial waters, by land, air and sea. This right shall include freedom from compulsory pilotage and all toll charges. If, however, a pilot is taken, pilotage shall be paid for at appropriate rates. In connection with entrance into Philippine ports by United States public vessels appropriate notification under normal conditions shall be made to the Philippine authorities. 2. Lights and other aids to navigation of vessels and aircraft placed or established in the bases and territorial waters adjacent thereto or in the vicinity of such bases shall conform to the system in use in the Philippines. The position, characteristics and any alterations in the lights or other aids shall be communicated in advance to the appropriate authorities of the Philippines. - 3. Philippine commercial vessels may use the bases on the same terms and conditions as United States commercial vessels. 4. It is understood that a base is not a part of the territory of the United States for the purpose of coastwise shipping laws so as to exclude Philippine vessels from trade between the United States and the bases. ARTICLE V EXEMPTION FROM CUSTOMS AND OTHER DUTIES No import, excise, consumption or other tax, duty or impost shall be charged on material, equipment, supplies or goods, including food Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RD.P57-00384R001300070009-4 [N6.'17751 stores and clothing, for exclusive use in the construction, maintenance, operation or defense of the bases, consigned to, or destined for, the United States authorities and certified by them to be for such purposes. MANEUVER AND OTHER AREAS The United States shall, subject to previous agreement with the Philippines, have the right to use land and coastal sea areas of appro- priate size and location for periodic maneuvers, for additional staging areas, bombing and gunnery ranges, and for such intermediate air- fields as may be required for safe and efficient air operations. Opera- tions in such areas shall be carried on with due regard and safeguards for the public safety. USE OF PUBLIC SERVICES It is mutually agreed that the United States may employ and use for United States military forces any and all public utilities, other services and facilities, airfields, ports, harbors, roads, highways, rail- roads, bridges, viaducts, canals, lakes, rivers and streams in the Phil- ippines under conditions no less favorable than those that may be applicable from time to time to the military forces of the Philippines. It is mutually agreed that the United States may construct, subject to agreement by the appropriate Philippine authorities, wells, water catchment areas or dams to insure an ample supply of water for all base operations and personnel. The United States shall likewise have the right, in cooperation with the appropriate authorities of the Phil- ippines, to take such steps as may be mutually agreed upon to be neces- sary to improve health and sanitation in areas contiguous to the bases, including the right, under such conditions as may be mutually agreed upon, to enter and inspect any privately owned property. The United States shall pay just compensation for any injury to persons or dam- age to property that may result from action taken in connection with this Article. SURVEYS It is mutually agreed that the United States shall have the right, after appropriate notification has been given to the Philippines, to make topographic, hydrographic, and coast and geodetic surveys and Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 (No. 17751 6. aerial photographs in any part of the Philippines and waters adjacent thereto. Copies with title and triangulation data of any surveys or photomaps made of the Philippines shall be furnished to the Phil- ippines. ARTICLE X CEMETERIES AND HISTORICAL SITES 1. The United States shall have the right to retain and maintain iguch United. States military cemeteries and such sites of historical significance to the United States as may be agreed upon by the two Governments. All rights, power and authority in relation to bases granted under this Agreement shall be applicable, in so far as appro- priate, to the cemeteries and sites mentioned in this Article., 2. Furthermore, it is recognized that there are certain cemeteries and historical sites in the Philippines revered in the memory of the People of the United States and of the Philippines, and, it is therefore -fitting that the maintenance and improvement of such memorials be the common concern of the two countries. IMMIGRATION 1. It is mutually agreed that the United States shall have the right to bring into the Philippines members of the United States military -forces and the United States nationals employed by or under a contract with the United States together with their families, and technical per- sonnel of other nationalities (not, being persons excluded by the laws of the Philippines) in connection with the construction, maintenance, -or 'operation of the bases. The United States shall make suitable ar- rangements so that such persons may be readily identified and their status established when necessary by the Philippine authorities. Such persons, other-than members of the United States armed forces in uni- form, shall present their travel documents to the appropriate Philip- pine authorities for visas, it being understood that no objection will be made to their travel to the Philippines as non-immigrants. 2.. If the status of any person within the Philippines and admitted thereto under the foregoing paragraph shall be altered so that he would no longer be entitled to such admission, the United States shall notify the Philippines and shall, if such person be required to leave the Philippines by the latter Government, be responsible for providing him with a passage from the Philippines within a reasonable time, and shall in the meantime prevent his becoming a public responsibility of the Philippines. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384ROO1300070009-4 7 [No. 1775] ARTICLE XII INTERNAL REVENUE TAX EXEMPTION 1. No member of the United States armed forces, except Filipino citizens, serving in the Philippines in connection with the bases and residing in the Philippines by reason only of such service, or his de- pendents, shall be liable to pay income tax in the Philippines except in respect of income derived from Philippine sources. 2. No national of the United States serving in or employed in the Philippines in connection with the construction, maintenance, opera- tion or defense of the bases and residing in the Philippines by reason only of such employment, or his spouse and minor children and depend- ent parents of either spouse, shall be liable to pay income tax in the Philippines except in respect of income derived from Philippine sources or sources other than the United States sources. 3. No person referred to in paragraphs.1 and 2 of this Article shall be liable to pay to the Government or local authorities of the Philip- pines any poll or residence tax, or any import or export duty, or any other tax on personal property imported for his own use ; provided that privately owned vehicles shall be subject to payment of the fol- lowing only : when certified as being used for military purposes by appropriate United States authorities, the normal license plate fee; otherwise, the normal license plate and registration fees. 4. No national of the United States, or corporation organized under the laws of the United States, resident in the United States, shall be liable to pay income tax in the Philippines in respect of any profits derived under a contract made in the United States with the Govern- ment of the United States in connection with the construction, mainte- nance, operation and defense of the bases, or any tax in the nature of a license in respect of any service or work for the United States in con- nection with the construction, maintenance, operation and defense of the bases. ARTICLE XIII JURISDICTION 1. The Philippines consents that the United States shall have the right to exercise jurisdiction over the following offenses : (a) Any offense committed by any person within any base except where the offender and offended parties are both Philippine citizens (not members of the armed forces of the United States on active duty) or the offense is against the security of the Philippines; 80427-48-2 Approved For Release 2001/08/24: CIA-RDP57-00384ROO1300070009-4 App1Rvel ~7 or Release 2001/08/24 $CIA-RDP57-00384R001300070009-4 (b) Any offense committed outside the bases by any member of the armed forces of the United States in which the offended party is also a member of the armed forces of the United States; and (c) Any offense committed outside the bases by any member of the armed forces of the United States against the security of the United States. 2. The Philippines shall have the right to exercise jurisdiction over all other offenses committed outside the bases by any member of the armed forces of the United States. 3. Whenever for special reasons the United States may desire not to exercise the jurisdiction reserved to it in paragraphs 1 and 6 of this Article, the officer holding the offender in custody shall so notify the fiscal (prosecuting attorney) of the city or province in which the offense has been committed within ten days after his arrest, and in such a case the Philippines shall exercise jurisdiction. 4. Whenever forspecial reasons the Philippines may desire not to exercise the jurisdiction reserved to it in paragraph 2 of this Article, the fiscal (prosecuting attorney) of the city or province where the offense has been committed shall so notify the officer holding the offender in custody within ten days after his arrest, and in such a case the United States shall be free to exercise jurisdiction. If any offense falling under paragraph 2 of this Article is committed by any member of the armed forces of the United States (a) while engaged in the actual performance of a specific military duty, or (b) during a period of national emergency declared by either Government and the fiscal (prosecuting attorney) so finds from the evidence, he shall immediately notify the officer holding the offender in custody that the United States is free to exercise jurisdiction. In the event the fiscal (prosecuting attorney) finds that the offense was not committed in the actual performance of a specific military duty, the offender's commanding officer shall have. the right to ap- peal from such finding to the Secretary of Justice within ten days from the receipt of the decision of the fiscal and the decision of the Secretary of Justice shall be final. 5. In all cases over which the Philippines exercises jurisdiction the custody of the accused, pending trial and final judgment, shall be entrusted without delay to the commanding officer of the nearest base, who shall acknowledge in writing that such accused has been delivered to him for custody pending trial in a competent court of the Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 9 No. 1775] Philippines and that he will be held ready to appear and will be pro- duced before said court when required by it. The commanding officer shall be furnished by the fiscal (prosecuting attorney) with a copy of the information against the accused upon the filing of the original in the competent court. 6. Notwithstanding the foregoing provisions, it is mutually agreed that in time of war the United States shall have the right to exercise exclusive jurisdiction over any offenses which may be committed by members of the armed forces of the United States in the Philippines. 7. The United States agrees that it will not grant asylum in any of the bases to,any person fleeing from the lawful jurisdiction of the Philippines. Should any such person- be found in any base, he will be surrendered on demand to the competent authorities of the Philippines. 8. In every case in which jurisdiction over an offense is exercised by the United States, the offended party may institute a separate civil action against the offender in the proper court of the Philippines to enforce the civil liability which under the laws of the Philippines may arise from the offense. ARREST AND SERVICE OF PROCESS 1. No arrest shall be made and no process, civil or criminal, shall be served within any base except with the permission of the commanding officer of such base; but should the commanding officer refuse to grant such permission he shall (except in cases of arrest where the United States has jurisdiction under Article XIII) forthwith take the neces- sary steps to arrest the person charged and surrender him to the appro- priate authorities of the Philippines or to serve such process, as the case may be, and to provide the attendance of the server of such process before the appropriate court in the Philippines or procure such server to make the necessary affidavit or declaration to prove such service as the case may require. 2. In cases where the service courts of the United States have juris- diction under Article XIII, the appropriate authorities of the Philip- pines will, on request, give reciprocal facilities as regards the service of process and the arrest and surrender of alleged offenders. SECURITY LEGISLATION The Philippines agrees to take such steps as may from time to time be agreed to be necessary with a view to the enactment of legislation to insure the adequate security and protection of the United States bases, equipment and other property and the operations of the United Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved5For Release 2001/08/2110 CIA-RDP57-00384R001300070009-4 -4 N 177 177 N under this Agreement, and the punishment of persons who may contravene such legislation. It is mutually agreed that appropriate authorities of the two Governments will also consult from time to time in order to insure that laws and regulations of the United States and of the Philippines in relation to such matters shall, so far as may be possible, be uniform in character. ARTICLE XVI POSTAL FACILITIES It is mutually agreed that the United States shall have the right to establish and maintain United States post offices in the bases for the exclusive use of the United States armed-forces, and civilian personnel who are nationals of the United States and employed in connection with the construction, maintenance, and operation of the bases, and the families of such persons, for domestic use between United States post offices in the bases and between such post offices and other United States post offices. The United States shall have the right to regulate and control within the bases all communications within, to and from such bases. REMOVAL OF IMPROVEMENTS 1. It is mutually agreed that the United States shall have the right to remove or dispose of any or all removable improvements, equip- ment or facilities located at or on any base and paid for with funds of the United States. No export tax shall be charged on any material or equipment so removed from the Philippines. - 2. All buildings and structures which are erected by the United States in the bases shall be the property of the United States and may be removed by it before the expiration of this Agreement or the earlier relinquishment of the base on which the structures are situated. There shall be no obligation on the part of the United States or of the Philip- pines to rebuild or repair any destruction or damage inflicted from any cause whatsoever on any of the said buildings or structures owned or used by the United States in the bases. The United States is not obligated to turn over the bases to the Philippines at the expiration of this Agreement or the earlier relinquishment of any bases in the condi- tion in which they were at the time of their occupation, nor is the Philippines obliged to make any compensation to the United States for the improvements made in the bases or for the buildings or struc- tures left thereon, all of which shall become the property of the Philip- pines upon the termination of the Agreement or the earlier relinquish- ment by the United States of the bases where the structures have been built. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 - 11 [No. 1775] 1. It is mutually agreed that the United States shall have the right to establish on bases, free of all licenses; fees; sales, excise or other taxes, or imposts; Government agencies, including concessions, such as sales commissaries and post exchanges, messes and social clubs, for the exclusive use of the United States military forces and authorized civilian personnel and their families. The merchandise or services sold or dispensed by such agencies shall be free of all taxes, duties and inspection by the Philippine authorities. Administrative meas- ures shall be taken by the appropriate authorities of the United States to prevent the resale of goods which are sold under the provisions of this Article to persons not entitled to buy goods at such agencies and, generally, to prevent abuse of the privileges granted under this Ar- ticle. There shall be cooperation between such authorities and the Philippines to this end. 2. Except as may be provided in any other agreements, no person shall habitually render any professional services in a base except to or for the United States or to or for the persons mentioned in the preceding paragraph. No business shall be established in a base, it being understood that the Government agencies mentioned in the preceding paragraph shall not be regarded as businesses for the pur- poses of this Article. COMMERCIAL CONCERNS It is mutually agreed that the United States shall have the right, with the consent of the Philippines, to grant to commercial concerns owned or controlled by the citizens of the United States or of the Philippines such rights to the use of any base or facility retained or acquired by the United States as may be deemed appropriate by both Governments to insure the development and maintenance for defense purposes of such bases and facilities. ARTICLE XX MILITARY OR NAVAL POLICE It is mutually agreed that there shall be close cooperation on a reciprocal basis between the military and naval police forces of the United States and the police forces of the Philippines for the purpose of preserving order and discipline among United States military and naval personnel. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/241 CIA-RDP57-00384R001300070009-4 ~No. 1775] TEMPORARY INSTALLATIONS 1. It is mutually agreed that the United States shall retains the right to occupy temporary quarters and installations now existing outside the bases mentioned in Annex A and Annex B, for such reasonable time, not exceeding two years, as may be necessary to develop adequate facilities within the bases for the United States armed forces. If circumstances require an extension of time, such a period will be fixed by mutual agreement of the two Governments; but such extension shall not apply to the existing temporary quarters and installations within the limits of the City of Manila and shall in no case exceed a period of three years. 2. Notwithstanding the provisions of the preceding paragraph, the Port of Manila reservation with boundaries as of 1941 will be avail- able for use to the United States armed forces until such time as other arrangements can be made for supply of the bases by mutual agree- ment of the two Governments. 3. The terms of this Agreement pertaining to bases shall be appli- cable to temporary quarters and installations referred to in para- graph 1 of this Article while they are so occupied by the armed forces of the United States; provided, that offenses committed within the temporary quarters and installations located within the present limits of the City of Manila shall not be considered as offenses within the bases but shall be governed by the Provisions of Article XIII, para- graphs 2 and 4, except that the election not to exercise the jurisdiction reserved to the Philippines shall be made by the Secretary of Justice. It is agreed that the United States shall have full use and full control of all these quarters and installations while they are occupied by the armed forces of the United States, including the exercise of such measures as may be necessary to police said quarters for the security of the personnel and property therein. ARTICLE XXII CONDEMNATION OR EXPROPRIATION 1. Whenever it is necessary to acquire by condemnation or expro- priation proceedings real property belonging to any private persons, associations or corporations located in bases named in Annex A and Annex B in order to carry out the purposes of this Agreement, the Philippines will institute and prosecute such condemnation or expro- priation proceedings in accordance with the laws of the Philippines. The United States agrees to reimburse the Philippines for all the reasonable expenses, damages and costs thereby incurred, including Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 13 [No. 177 1 the value of the property as determined by the Court. In addition, subject to the mutual agreement of the two Governments, the United States will reimburse the Philippines for the reasonable costs of trans- portation and removal of any occupants displaced or ejected by reason of the condemnation or expropriation. 2. Prior to the completion of such condemnation or expropriation proceedings, in cases of military necessity the United States shall have the right to take possession of such property required for military purposes as soon as the legal requisites for obtaining possession have been fulfilled. 3. The properties acquired under this Article shall be turned over to the Philippines upon the expiration of this Agreement, or the earlier relinquishment of such properties, under such terms and conditions as may be agreed upon by the two Governments. ARTICLE XXIII CIVIL LIABILITY For the purpose of promoting and maintaining friendly relations by the prompt settlement of meritorious claims, the United States shall pay just and reasonable compensation, when accepted by claim- ants in full satisfaction and in final settlement, for claims, including claims of insured but excluding claims of subrogees, on account of damage to or loss or destruction of private property, both real and personal, or personal injury or death of inhabitants of the Philippines, when such damage, loss, destruction or injury is caused by the armed forces of the United States, or individual members thereof, including military or civilian employees thereof, or otherwise incident to non- combat activities of such forces; provided that no claim shall be con- sidered unless presented within one year after the occurrence of the accident or incident out of which such claim arises. ARTICLE XXIV MINERAL RESOURCES All minerals (including oil), and antiquities and all rights relating thereto and to treasure trove, under, upon, or connected with the land and water comprised in the bases or otherwise used or occupied by the United States by virtue of this Agreement, are reserved to the Govern- ment and inhabitants of the Philippines; but no rights so reserved shall be transferred to third parties, or exercised within the bases, without the consent of the United States. The United States shall negotiate with the proper Philippine authorities for the quarrying of rock and gravel necessary for construction work on the bases. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Appr4 ed1,7pf Release 2001/08/24: j A-RDP57-00384R001300070009-4 ARTICLE XXV GRANT OF BASES TO A THIRD POWER 1. The Philippines agrees that it shall not grant, without prior con- sent of the United States, any bases or any rights, power, or authority whatsoever, in or relating to bases, to any third power. 2. It is further agreed that the United States shall not, without the consent of the Philippines, assign, or underlet, or part with the pos- session of the whole or any part of any base, or of any right, power or authority granted by this Agreement, to any third power. ARTICLE XXVI DEFINITION OF BASES For the purposes of this Agreement, bases are those areas named in Annex A and Annex B and such additional areas as may be acquired for military purposes pursuant to the terms of this Agreement. ARTICLE XXVII VOLUNTARY ENLISTMENT OF PHILIPPINE CITIZENS It is mutually agreed that the United States shall have the right to recruit citizens of the Philippines for voluntary enlistment into the United States armed forces for a fixed term of years, and to train them and to .exercise the same degree of control and discipline over them as is exercised in the case of other members of the United States armed forces. The number of such enlistments to be accepted by the armed forces of the United States may from time to time be limited by agree- ment between the two Governments. ARTICLE XXVIII UNITED STATES RESERVE ORGANIZATIONS It is mutually agreed that the United States shall have the right to enroll and train all eligible United States citizens residing in the Philippines in the Reserve organizations of the armed forces of the United States, which include the Officers Reserve Corps and the Enlisted Reserve Corps, except that prior consent of the Philippines shall be obtained in the case of such persons who are employed by the Philippines or any Municipal or Provincial Government-thereof. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 15 [No. 1771 The present Agreement shall enter into force upon its acceptance [Y] by the two Governments and shall remain in force for a period of ninety-nine years subject to extension thereafter as agreed by the two Governments: Signed in Manila, Philippines, in duplicate this fourteenth day of March, nineteen hundred and forty-seven. On behalf of the Government of the United States of America: [SEAL] PAUL V. MCNUTT Ambassador Extraordinary and Plenipoten- tiary of the United States of America to the Republic of the Philippines. On behalf of the Government of the Republic of the Philippines: [SEAL] MANUEL ROXAS President of ,the Philippines 'Entered into force March 26, 1947. In a note of June 16, 1947, the American Charge d'Affaires ad interim at Manila informed the Acting Secretary of Foreign Affairs of the Republic of the Philippines that "the Government of the United States of America considers that the signature affixed to the Agreement in its behalf constitutes the acceptance of the Agreement by the Government of the United States of America." In a note of January 24, 1948, the Secretary of Foreign Affairs of the Republic of the Philippines Informed the American Am- bassador at Manila that "the Government of the Republic of the Philippines accepts the Agreement as of March 26, 1947, pursuant to a formal instrument of acceptance and ratification of said Agreement signed by the President of the Philippines on January 21, 1948 . . :' Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 [No. 1775] 16 ANNEX A Clark Field Air Base, Pampanga. Fort Stotsenberg, Pampanga. Mariveles Military Reservation, POL Terminal and Training Area, Bataan. Camp John Hay Leave and Recreation Center, Baguio. Army Communications System with the deletion of all stations in the Port of Manila Area. United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal. Angeles General Depot, Pampanga. Leyte-Samar Naval Base including shore installations and air bases. Subic Bay, Northwest Shore Naval Base, Zambales Province, and the existing Naval reservation at Olongapo and the existing Baguio Naval Reservation. Tawi Tawi Naval Anchorage and small adjacent land areas. Canacao-Sangley Point Navy Base, Cavite Province. - Bagobantay Transmitter Area, Quezon City, and associated radio receiving and control sites, Manila Area. Tarumpitao Point (Loran Master Transmitter Station), Palawan. Talampulan Island, Coast Guard # 354 (Loran), Palawan. Naule Point (Loran Station), Zambales. Castillejos, Coast Guard # 356, Zambales. ANNEX B Mactan Island Army and Navy Air Base. Florida Blanca Air Base, Pampanga. Aircraft Service Warning Net. Camp Wallace, San Fernando, La Union. Puerto Princesa Army and Navy Air Base, including Navy Section Base and Air Warning Sites, Palawan. Tawi Tawi Naval Base, Sulu Archipelago. Aparri Naval Air Base. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 17 [No. 1775] The American Ambassador to the Philippine Secretary of Foreign Affairs EMBASSY OF THE UNITED STATES OF AMERICA, March 14, 1947 EXCELLENCY: I have the honor to state, in signing the Agreement of March 14, 1947, Between the United States of America and the Republic of the Philippines Concerning Military Bases, the understanding of my Government that the question of the adjustment of any rights and titles held by the United States pursuant to the provisions of the Act of Congress of March 24, 1934 (48 Stat. 456) as amended, specifically Section 10(b) thereof, the Joint Resolution of the Congress of June 29, 1944, and the Act of Congress of July 3, 1946, and Treaties and Agreements heretofore entered into between the United States and the Philippines, to real property in any of the bases covered by the aforementioned Agreement or any naval reservations or fueling sta- tions not so covered is reserved and will be settled subsequently in accordance with the terms of the Acts and Joint Resolution of the Congress mentioned above. I should be appreciative if I might be informed of the concurrence of Your Excellency's Government with the understanding above set forth. Accept, Excellency, the renewed assurances of my highest considera- tion. PAUL V. McNuTT His Excellency ELPIDIO QUIRINO, Secretary of Foreign Affairs for the Republic of the Philippines. The Philippine Secretary of Foreign Affairs to the American Ambassador REPUBLIC OF THE PHILIPPINES DEPARTIENT OF FOREIGN AFFAIRS MANILA, March 14, 1947 EXCELLENCY: With reference to Your Excellency's note of March 14, 1947, the substantive paragraph of which reads : I have the honor to state, in signing the Agreement of March 14, 1947, between the United States of America and the Republic of Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24 :lCIA-RDP57-00384R001300070009-4 [No. 1775] the Philippines concerning military bases, the understanding of my Government that the question of the adjustment of any rights and titles held by the United States pursuant to the provisions of the Act of Congress of March 24, 1934 (48 Stat. 456) as amended, specifically Section 10 B thereof, the Joint Resolution of the Con- gress of June 29, 1944, and the Act of Congress of July 3, 1946, and Treaties and Agreements .heretofore entered into between the United States and the Philippines, to real property in any of the bases covered by "the aforementioned Agreement or any naval reser- vations or fueling stations not so covered is reserved and will be settled subsequently in accordance with the terms of the Acts and Joint Resolution of the Congress mentioned above; I have the honor to state that, without conceding the existence of any rights or titles to the real property therein referred to, my Gov= ernment concurs with the understanding above set forth. Accept, Excellency, the renewed assurances of my highest con- sideration. ELPIDIO QUIRINO Vice-President and concurrently Secretary of Foreign Affairs His Excellency PAUL V. MCNUTT United States Ambassador Manila The American Ambassador to the Philippine Secretary of Foreign Affairs EMBASSY OF THE UNITED STATES Or AMERICA, March 14, 1947. EXCELLENCY: I have the honor to state in signing the Agreement of March 14, 1947 Between the United States of America and the Republic of the Philippines Concerning Military Bases; the understanding Hof. my Government that the garrisoning and development of the said bases shall be the concern of, the Government of the United. States of America, Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 19 [No. 1775] I shall be appreciative if I may be informed of the concurrence of Your Excellency's Government with the understanding above set forth. Accept, Excellency, the. renewed assurances of my highest consideration. PAUL V. MCNUTT His Excellency - ELPIDIO QunRINO, Secretary of Foreign Affairs/or the Republic of the Philippines. The Philippine Secretary of Foreign Affairs to the American Ambassador REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS MANILA, March 14, 1947 EXCELLENCY : In reply to your note of even date regarding the garrisoning and development of the bases covered by the Agreement of March 14, 1947, between the Republic of the Philippines and the United States of America concerning military bases, I have the honor to state that it is the understanding of my Government that the question of garrison- ing and development of said bases shall be the concern of the Govern- ment of the United States. Accept, Excellency, the renewed assurances of my highest consideration. ELPIDIO QUIRINO Vice-President and concurrently ,Secretary of Foreign Affairs His Excellency PAUL V. MCNUTT American Ambassador to the Philippines Manila Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/24 : A-RDP57-00384R001300070009-4 TNo. 1775] The Philippine Secretary. 61 Foreign Affairs to t1ie:.A7nerican' : Ambassador . REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS MANILA, March 12,[1] 1947 EXCELLENCY: In the signing of the Agreement on March 14, 1947, between the Republic of the Philippines and the.United Sates ' of 'America con- cerning military bases, I l ave the hol Qr to state that it is the under- standing of my Government that the existing national and provincial and other rights of way of the Republic of the Philippines running through the bases covered in Annex A and Annex B of the Agreement, more particularly the national road running through Camp John Hay and the naval reservation at Baguio, shall continue to be used as such by the public and that this understanding shall be administratively brought about in the enforcement of said Agreement. I will highly appreciate it, therefore, if I can be informed of the concurrence of Your Excellency's Government with the understanding set forth above. Accept, Excellency, the renewed assurances of my highest consideration. ELPIDIO QU[RINO Vioe.President and concurrently Secretary of Foreign Affairs His Excellency PAUL V. MCNUTT United States Ambassador Manila Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4 Approved For Release 2001/08/2421CIA-RDP57-00384ROO1300070009-4 The American Ambassador to the Philippine Secretary of Foreign Affairs EMBASSY OF TILE UNITED STATES OF AMERICA, March 14,1947. EXCELLENCY: With reference to Your Excellency's note of March 14, 1947, the substantive paragraph of which reads : In the signing of the Agreement on March 14, 1947, Between the Republic of the Philippines and the United States of America Con- cerning MilitaryBases, I have the honor to state that it is the under- standing of my Government that the existing national and provincial and other rights of way of the Republic of the Philippines running through the bases covered in Annex A and Annex B of the Agree- ment, more particularly the national road running through Camp John Hay and the naval reservation at Baguio, shall continue to be used as such by the public and that this understanding shall be administratively brought about in the enforcement of said Agree- ment.; I have the honor to state that without conceding the existence of any national or provincial or other rights of way of the Republic of the Philippines running through any of the bases covered in Annex A. and Annex B of the Agreement and subject to such adjustments in rights of way as may be required by military necessity in accordance with paragraph 3 of Article III, my Government concurs with the understanding above set forth. Accept, Excellency, the renewed assurances of my highest consid- eration. PAUL V. MCNUTT His Excellency ELPIDIO QUIRINO, Secretary of Foreign Affairs for the Republic of the Philippines. Approved For Release 2001/08/24: CIA-RDP57-00384R001300070009-4

Source URL: https://www.cia.gov/readingroom/document/cia-rdp57-00384r001300070009-4

Links
[1] https://www.cia.gov/readingroom/document-type/crest
[2] https://www.cia.gov/readingroom/collection/general-cia-records
[3] https://www.cia.gov/readingroom/docs/CIA-RDP57-00384R001300070009-4.pdf