Treaty (18 December 1947)

December 18, 1947

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE PHILIPPINES AND THE UNITED STATES OF

AMERICA RELATING TO THE TRANSFER BY THE

GOVERNMENT OF THE UNITED STATES OF AMERICA TO

THE GOVERNMENT OF THE PHILIPPINES OF THE

MARIVELES QUARANTINE RESERVATION (STATION)

Note: The Agreement entered into force, December 19, 1947.

Reference: This Agreement is also published in 185 UNTS, p. 352; 3

UST, p. 468 and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF

FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 526

December 18, 1947

Excellency:

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

approved March 24, 1934, more commonly referred to as the Philippine

Independence Act; to the Joint Resolution of the Congress of the United States of

America, approved June 29, 1944 (Public Law No. 380, 78th Congress), which

authorized the President of the United States to withhold or to acquire or to retain

such bases as he might deem necessary for the mutual protection of the United

States of America and of the Philippines; to the 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 Act of the Congress of the United States of America, approved July 3, 1946

(Public Law No. 485, 79th Congress), more commonly known as the Philippine

Property Act; to the Treaty of General Relations (including the Protocol thereto)

between the United States of America and the Republic of the Philippines, signed at

Manila on July 4, 1946, to the Agreement Between the United States and the

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

14, 1947, to Executive Order No. 4112 of the President of the United States dated

December 16, 1924 which, in enlarging the Mariveles Military Reservation, omitted

to exclude therefrom the area which had come to be regarded as having been

reserved for the Mariveles Quarantine Station; and to other legislation, Public Acts

and Executive Orders of the United States of America and of the Republic of the

Philippines which may be pertinent to the transfer to the latter following the

Proclamation of Philippine Independence of certain United States military bases theright to the retention of the use of which, or portions of which, under the aforesaid

Agreement Concerning Military Bases it has been determined to relinquish, or of

other United States real property situated in the Republic of the Philippines which

has not otherwise been reserved, encumbered or disposed of, and to inform Your

Excellency that, in accordance with the authority or undertakings contained in the

aforesaid Acts, Resolutions and Agreement, the Government of the United States

transfers to the Government of the Republic of the Philippines all right or title to, or

interest in, that portion of the Mariveles Military Reservation (including installations

thereon) which has commonly come to be known as the Mariveles Quarantine

Reservation (Station), being that area situated on the promontory between Mariveles

Bay and the South China Sea, Province of Bataan, as described by metes and bounds

in a letter of the Acting Secretary of War to the President of the United States dated

April 28, 1904, approved by endorsement of the President dated April 29, 1904. The

said letter and endorsement are set forth as Annex I of the present note; Annex II, a

map entitled "Mariveles Quarantine Station", scale 1 to 10,000, prepared by the

Planning Division, Manila Engineer District, Corps of Engineers, United States

Army, on November 5, 1947, is a cartographic representation of the area described

by metes and bounds in Annex I.

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

requests 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 or any cause arising directly or indirectly out

of the ownership or occupancy thereof by the United States of America.

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

aforesaid property, Your Excellency's Government give assurance that the United

States Public Health Service, while engaged in activities in the Philippines by

agreement with the Philippine Government, may use, rent free, for official purposes

such space within the said property as may be necessary for the proper performance

o£ its duties and as may be selected by mutual agreement between the United States

Public Health Services and the competent Philippine authorities.

I am authorized by my Government to inform Your Excellency that an

acknowledgment of this note containing the assurances of the Philippine

Government that the terms and conditions hereinbefore set forth are acceptable and

acceding to the requests made in the paragraphs immediately preceding will be

considered by the Government of the United States of America as constituting an

agreement for the transfer to the Government of the Republic of the Philippines of

all right and title to, and possession of, that portion of the Mariveles Military

Reservation which has commonly come to be known as the Mariveles Quarantine

Reservation (Station) and as evidence that such transfer has, on the date of Your

Excellency's note of such acknowledgment, been fully accomplished.

Accept, Excellency, the renewed assurances of my highest consideration.

EMMET O'NEAL

His Excellency ELPIDIO QUIRINO

Secretary of Foreign Affairs of theRepublic of the Philippines

ANNEX I TO NOTE NO. 526 OF DECEMBER 18, 1947, OF THE

AMBASSADOR OF THE UNITED STATES OF AMERICA TO THE

SECRETARY OF FOREIGN AFFAIRS OF THE REPUBLIC OF THE

PHILIPPINES

WAR DEPARTMENT

Washington, April 28, 1904

By Executive order, dated March 14, 1904, published in General Orders, No. 56,

War Department, March 25, 1904, the military reservation, made by Executive order

of April 11, 1902, on the north side of the entrance to Manila Bay, in the province of

Bataan, Luzon (the Mariveles Reservation), was reduced so as to exclude, inter alia,

the lands occupied by the Treasury Department for quarantine purposes. The

Secretary of the Treasury was advised of this reduction, and in accompanying letter,

dated April 22, 1904, he requests that such action be taken as may be necessary to

secure the lands hereinafter described for the use of a quarantine station under the

Treasury Department.

I have the honor, therefore, to recommend the reservation for the Mariveles

Quarantine Station, situated on the north side of the entrance to Manila Bay, in the

province of Bataan, Luzon, of all lands included within boundaries described as

follows, viz:

"Beginning at a point on the low-water line of Mariveles Bay, on

prolongation of the northeastern boundary line of quarantine station, as

now enclosed by barbed-wire fence, and running thence north 72°05'

west a distance of 185 feet more or less to the northeastern corner of said

wire fence; thence along said wire fence north 72°05' west a distance of

187 feet to corner; thence along fence north 36°23' west a distance of

166.67 feet to corner; thence along fence south 30°07' west a distance of

106.25 feet to corner; thence along fence south 71°07' west a distance of

90.58 feet to corner; thence along fence south 21°07' west a distance of

644.1 feet to corner; thence along fence south 20°29' east a distance of

71.75 feet to corner; thence north 88°07l east a distance of 29.25 feet to a

stake set 3.33 feet from wire fence; thence due south across Pucot River

and peninsula to a point at low-water on the China Sea; thence along said

low-water line in a general southeasterly direction to Cochinos Point;

thence in a general north westerly direction along low-water line of

Mariveles Bay to mouth of Pucot River; thence across mouth of said

river and along low-water line of Mariveles Bay in a general northerly

direction to point of starting."

There is also reserved for the quarantine station the water rights for the maintenance

of the present pipe and reservoir which furnish fresh water to said station, with

perpetual easement over lands not included in the quarantine or military reservation

for their maintenance and repair, so far as such rights do not pertain to the reduced

military reservation.Very respectfully,

ROBERT SHAW

OLIVER

Acting Secretary of War

THE PRESIDENT

* * * * * *

White House, April 29,

1904

The within recommendation is approved, and the reservation is

made accordingly.

T. ROOSEVELT

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, December 19, 1947

Excellency:

I have the honor to acknowledge the receipt of your note No. 526 of December 18,

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 the portion of the Mariveles Military Reservation commonly known as the Mariveles Quarantine Reservation (Station) as a formalization of the transfer and surrender of possession, supervision, control or sovereignty over that area already made by the United States of America in favor of the Republic 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 that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station);

2. To permit the United States Public Health Service to use, rent free, such space within the aforesaid area as may be needed for official purposes and as may be selected by mutual agreement of the competent officers of the respective Governments for so long as that Service may beengaged in activities in the Philippines with the consent of the Government of the Republic of the Philippines. I am authorized to inform you that the Government of the Republic of the Philippines considers your note No. 526 of December 18, 1947, and this reply as the transfer to the Government of the Republic of the Philippines of all right and title to, and possession of, that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station) and as recording the fact that such transfer has on this 19th day of December, 1947, been fully accomplished. Accept, Excellency, the renewed assurances of my highest consideration.

ELPIDIO QUIRINO

His Excellency EMMET O'NEAL Ambassador of the United States of America Manila