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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
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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.
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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.
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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-
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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
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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
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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.
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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;
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(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
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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
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177
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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.
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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.
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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
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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.
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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.
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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 . . :'
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[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.
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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
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[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,
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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
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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
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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.
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