Treaty (12 October 1947)

October 12, 1947

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE PHILIPPINES AND THE UNITED STATES OF

AMERICA RELATING TO THE TRANSFER OF THE

GOVERNMENT OF THE UNITED STATES OF AMERICA TO

THE PHILIPPINES OF CORREGIDOR ISLANDS (FORT

MILLS) AND PETTIT BARRACKS

Note: This Agreement entered into force on October 12, 1947.

Reference: This Agreement is also published in 185 UNTS, p. 338; 3

UST, p. 458. and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINES SECRETARY OF

FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 115

October 12, 1947

Excellency :

I have the honor to refer to the Act of the Congress of the United States of America

of March 24, 1934, more commonly referred to as the Philippine Inde-pendence Act

and to the Joint Resolution of the Congress of the United States of America of June

29, 1944, which authorized the President of the United States of America to acquire

bases for the mutual protection of the United States and of the Philippines; to Joint

Resolution No. 4 of the Congress of the Philippines, approved July 28, 1945, which

authorized the President of the Philippines to enter into negotiations for the

establishment of such bases; to the Treaty of General Relations (including the

Protocol thereto) Between the United States of America and the Philippines signed

on July 4, 1946; to the Agreement Between the United States of America and the

Republic of the Philippines Concerning Military Bases signed at Manila on March

14, 1947; and to other legislation and public acts of the United States of America

and of the Philippines pertinent to the transfer to the Republic of the Philippines,

following the declaration of its independence, of certain United States military bases

the use of which was not reserved to the United States by the aforementioned

Agreement of March 14, 1947, or which have not otherwise been reserved,

encumbered or disposed of, and to inform Your Excellency that, in accordance with

its obligations under the aforesaid acts, resolutions and agreement, the Government

of the United States of America transfers to the Government of the Republic of the

Philippines all right or title to, or interest in, the United States military reservations

known as Corregidor Island (Fort Mills), in Manila Bay, and Pettit Barracks in the

Municipality of Zamboanga. Annexed hereto is a list of Executive Orders andTorrens Certificates of Title whereunder the United States has claimed and held title

to and possession of the two military reservations aforementioned. Properly

executed title documents and quit-claim deeds will be delivered to Your Excellency's

Government in due course. In the near future I shall approach Your Excellency with

a view to entering into agreements for the transfer of other reservations and the

simultaneous settlement of numerous outstanding questions arising from the use, for

military purposes, of private and public lands of the Philippines and of the United

States during the present war.

As a consideration of the transfer of the aforementioned property, the United States

request that the Republic of the Philippines remise, release, forever discharge and

agree by specific undertaking to hold harmless and free the United States of

America, its agents, and its nationals from any and all manner of liability, actions,

and claims against them which the Republic of the Philippines or any real or

artificial person therein may ever have for any cause arising directly or indirectly out

of the ownership or occupance by the United States of America of Corregidor Island

and Pettit Barracks.

My Government requests that our Excellency's Government, in accepting right, title

and possession of these two military reservations agree that it will take prompt steps

effectively to demilitarize all ammunition left therein.

My Government requests that, in accepting right, title and possession of Pettit

Barracks, the Government of the Philippines will agree to except that small plot

which for some years has been used as a United States military cemetery, and whose

boundaries shall at the earliest practicable moment be determined and marked by

representatives of our respective Governments to be designated for the purpose, to

the end that the said plot may remain in the free and unhampered possession of the

Government of the United States of America for so long as the latter may choose to

maintain it as a cemetery.

My Government also requests, with respect to Pettit Barracks, that in accepting

right, title and possession thereof, the Government of the Philippines declare that

civilian agencies of the Government of the United States, such as the Philippine War

Damage Commission and the United States Veterans Administration, while engaged

in activities on Philippine soil with the consent of the Government of the

Philippines, may use for office purposes such space within the reservation, rent free,

as may be needed for the proper performance of their duties and as may be selected

by mutual agreement with the competent Philippine authorities.

I am authorized by my Government to state that an acknowledgment of the receipt

of this note containing Your Excellency's assurances that the terms and con-ditions

thereof are acceptable to Your Excellency's Government, and that Your Excellency's

Government grants the requests set forth in the paragraphs immediately preceding,

will be considered by my Government as constituting an agreement for the transfer

to the Government of the Philippines of all right and title to, and possession of, the

United States military reservations known as Corregidor Island (Fort Mills) and

Pettit Barracks, and as evidence that such transfer has, on the date of Your

Excellency's note, been fully accomplished.

Accept, Excellency, the renewed assurances of my highest consideration.EMMET O'NEAL

His Excellency ELPIDIO QUIRINO

Secretary of Foreign Affairs for the

Republic of the Philippines

The War Department acquired title to Corregidor (Fort Mills) Military Reservation

on the Island of Corregidor, Municipality of Cavite, Province of Cavite, Philippine

Islands by means of two (2) Presidential Executive Orders and seventeen (17) fee

acquisitions. These are listed as follows:

(a) Headquarters of the Army, Adjutant General's Office, General Orders

No. 38, 17 April 1902, which refers to Presidential Executive Order

dated April 11, 1902,

(b) War Department General Orders No. 56, 25 March 1904, which refers

to Presidential Executive Order dated March 14, 1904.

(c) Torrens Certificate of Title No. 6, 28 August 1907.

(d) Torrens Certificate of Title No. 22, 14 September 1907.

(e) Torrens Certificate of Title No. 24, 14 September 1907.

(f) Torrens Certificate of Title No. 25, 14 September 1907.

(g) Torrens Certificate of Title No. 34, 14 September 1907.

(h) Torrens Certificate of Title No. 29, 16 September 1907.

(i) Torrens Certificate of Title No. 30, 16 September 1907.

(j) Torrens Certificate of Title No. 32, 16 September 1907.

(k) Torrens Certificate of Title No. 33, 16 September 1907.

(l) Torrens Certificate of Title No. 27, 17 September 1907.

(m) Torrens Certificate of Title No. 23, 18 September 1907.

(n) Torrens Certificate of Title No. 26, 18 September 1907.

(o) Torrens Certificate of Title No. 28, 18 September 1907.

(p) Torrens Certificate of Title No. 31, 18 September 1907.

(q) Torrens Certificate of Title No. 21, 10 February 1908.

(r) Torrens Certificate of Title No. 73, 29 November 1913.

(s) Torrens Certificate of Title No. 74, 29 November 1913. Items (c)

through (s) are recorded in the Office of the Register of Deeds, Province

of Cavite, Philippines.There are three (3) Out-Grants which have been issued by the War Department in

connection with this military reservation. These are as follows:

(a) License dated 29 May 1916 in favor of Jean M. Poizat, to operate a

steamer between Manila and Corregidor Island.

(b) License dated 22 March 1916 in favor of the Municipality of Cavite,

Philippine Islands to construct, operate and maintain a modern concrete

market building between Calle Bocano and Calle Cementerio, in the

Barrio of San Jose, on the military reservation of Corregidor.

(c) License dated 24 March 1919 in favor of the Young Men's Christian

Association of the United States, to erect, maintain and operate a

building upon an approved site on the Military Reservation, Fort Mills,

Corregidor, Philippine Islands.

The War Department acquired title to the Pettit Barracks Military Reservation,

Municipality of Zamboanga, Province of Zamboanga, Island of Mindanao,

Philippine Islands by four (4) Executive Orders and four (4) fee acquisitions. These

are listed as follows:

(a) War Department General Orders No. 116 dated 27 June 1904, which

refers to Presidential Executive Order dated June 20, 1904.

(b) War Department General Orders No. 76 dated 25 May 1905, which

refers to Presidential Executive Order dated May 17, 1905.

(c) War Department General Orders No. 196 dated 21 November 1905,

which refers to Presidential Executive Order dated November 14, 1905.

(d) Presidential Executive Order No. 2234 dated 13 August 1915.

(e) Torrens Certificate of Title No. 4, 24 October 1906.

(f) Torrens Certificate of Title No. 20, 7 June 1907.

(g) Torrens Certificate of Title No. 22, 4 June 1907; and (b) Torrens

Certificate of Title 5564, 16 December 1915.

Items (e) through (g) are recorded in the Office of the Register of Deeds, Moro

Province. Item (b) is recorded in the Office of the Register of Deeds, Province of

Zamboanga. There are three (3) Out-Grants which have been issued by the War

Department in connection with this military reservation. These are as follows:

(a) Permit dated 20 January 1939 in favor of the City of Zamboanga,

Province of Zamboanga, Island of Mindanao, Philippine Islands,

revocable at will by the Secretary of War, to construct and maintain a

portion of a proposed road between the Zamboanga-San Ramon

Provincial road and Malacutay across the Pet- tit Barracks Target Range

Military Reservation, Philippine Islands.

(b) Easement dated 11 May 1931 in favor of the City of Zamboanga,

Prov ince of Zamboanga, Island of Mindanao, Philippine Islands for aperiod of not exceeding fifty (50) years for a right-of-way to install,

operate and maintain a sewer pipe line not to exceed 6" in diameter, Pettit

Barracks, Military Reservation, Zamboanga, Zamboanga, Philippine

Islands.

(c) Lease number W 2567 Eng B 7422 dated 20 September 1946, in

favor of Willard W. Trevor granting the use of Building No. 10 Pettit

Barracks for a term of five (5) years beginning 1 September 1946. Action

has been taken by the United States Army to terminate this lease effective

4 September 1947.

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS

Manila, October 12, 1947

Excellency:

I have the honor to acknowledge the receipt of your note of October 12, 1947

reading as follows:

[See note I]

In reply, I have the honor to inform you that my Government hereby accepts the aforesaid transfer of Pettit Barracks and Corregidor Island (Fort Mills) as a formalization of the transfer and surrender of possession, supervision, control or sovereignty over these areas already made by the United States in favor of the Philippines in the Treaty of General Relations (including the Protocol thereto) Between the Republic of the Philippines and the United States of America signed July 4, 1946, and agrees:

1. To remise, release, forever discharge and agree by specific undertaking to hold harmless and free the United States of America, its agents, and its nationals from any and all manner of liability, actions and claims against them which the Republic of the Philippines or any real or artificial person therein may ever have for any cause arising directly or indirectly out of the ownership or occupancy by the United States of America of Corregidor Island and Pettit Barracks.

2. To take prompt steps effectively to demilitarize any ammunition found therein.

3. To grant to the Government of the United States of America continued use of the military cemetery plot in Pettit Barracks to be designated and marked by duly appointed representatives of our respective Governments under the same terms and conditions as apply to the United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal, covered by the Agreement Between the Republic of the Philippines and the UnitedStates of America Concerning Military Bases signed at Manila on March 14, 1947.

4. To permit civil agencies of the United States, such as the Philippine War Damage Commission and the United States Veterans Administration, to use such space within the Pettit Barracks reservation as may be needed for office purposes, and as may be selected by mutual agreement of the competent officers of our respective Governments, rent free, for so long as they may be engaged in activities on Philippine soil with the consent of the Government of the Philippines. With respect to Corregidor Island, whose very name symbolizes the close bonds of friendship between the governments and peoples of the Philippines and of the United States, I have the honor to inform you that it is my Government's intention to erect on its sacred soil a suitable monument to serve forever as a shrine before which citizens of the Philippines and of the United States for generations to come may pay tribute to those Philippine and American heroes who gave their lives that both peoples, and I devoutly hope all peoples, may be and forever remain free. In due course I shall present more detailed proposals in this regard and invite your Government to participate in the design and maintenance of a suitable memorial. I am authorized to inform you that the Government of the Philippines considers your note of October 12, 1947 and this reply as the transfer to the Government of the Philippines of all right and title to, and possession of Corregidor Island (Fort Mills) and Pettit Barracks, and as recording the fact that such transfer has on this 12th day of October, 1947, been fully accomplished. Accept, Excellency, the renewed assurances of my highest consideration. ELPIDIO QUIRINO His Excellency EMMET O'NEAL American Ambassador United States Embassy, Manila