Treaty (3 January 1948)

January 03, 1948

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

CORREGIDOR ISLAND (FORT MILLS) AND PETTIT

BARRACKS. MANILA, JANUARY 2 AND 3, 1948.

Note: The Agreement entered into force, January 3, 1948.

Reference: This Agreement is also published in 185 UNTS, p. 370; 3

UST, p. 480 and TIAS 2406

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF

FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 597

January 2, 1948

Excellency:

With reference of the transfer to the Government of the Republic of the Philippines

by exchange of notes of October 12, 1947 of all right and title to, and possession of,

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

Pettit Barracks, I have the honor to inform Your Excellency that I have been

authorized to state the understanding of my Government that, with respect to the

Corregidor military reservation, the said transfer is considered to have included the

islands of Caballo (Fort Hughes), La Monja, El Fraile (Fort Drum), Santa Amalia,

Carabao (Fort Frank), and Limbones as well as all detached rocks surrounding

Corregidor and the islands named.

In stating this understanding, I am instructed particularly to recall the following

paragraphs of my note No. 115, of October 12, 1947, and to request expression of

the acceptance by Your Excellency's Government of the stipulations thereof as

applying equally to Caballo, La Monja, El Fraile, Santa Amalia, Carabao and

Limbones islands and the surrounding detached rocks referred to:

"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 cr artificial persontherein 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.

"My Government requests that Your 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."

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

EMMET O'NEAL

His Excellency ELPIDIO QUIRINO

Secretary of Foreign Affairs of the

Republic of the Philippines

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, January 3, 1948

Excellency:

I have the honor to acknowledge the receipt of your note No. 597 of January 2, 1948

reading as follows:

[See note I]

I am authorized to inform you that the Government of the Republic of the Philippines is in agreement with the understanding of the Government of the United States of America that the transfer of the Corregidor military reservation which was effected by the exchange of notes of October 12, 1947 included the other islands named, and surrounding rocks described, in the note quoted above and further to inform you that the Government of the Republic of the Philippines considers the terms and conditions agreed upon in the transfer of the Corregidor military reservation (including the conditions specifically referred to and quoted in your note No. 597 of January 2, 1948), as applying equally to the said other islands and rocks. Accept, Excellency, the renewed assurances of my highest consideration. ELPIDIO QUIRINO His Excellency EMMET O'NEAL American Ambassador United States Embassy ManilaSource: Supreme Court E-Library