Treaty (1 April 1948)

April 01, 1948

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE PHILIPPINES AND THE UNITED STATES OF

AMERICA AMENDING THE AGREEMENT OF 14 MARCH 1947

CONCERNING MILITARY BASES

Note: The Agreement entered Into force, April 1, 1946.

Reference: This Agreement is also published in 185 UNTS, p. 378; 3

UST, p. 485 and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF

FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 1148

March 31, 1948

Excellency;

Pursuant to the provisions of Article I, paragraph 3, of the Agreement Between the

United States of America and the Republic of the Philippines Concerning Military

Bases, signed at Manila on March 14, 1947, I have the honor to inform Your

Excellency that my Government has authorized me to relinquish its rights to the use

of the military base known as United States Armed Forces Cemetery No. 2, San

Francisco del Monte, Rizal, and so described in Annex "A" of the said Agreement.

Title to the lands included in the said cemetery reservation is not vested in the

United States of America.

In lieu of the aforesaid cemetery reservation, my Government proposes the

establishment of a permanent cemetery for the dead of its armed forces within the

present boundaries of the Fort William McKinley Military Reservation through

enlargement of the existing post cemetery. Accordingly, I have been instructed, in

relinquishing United States right at San Francisco del Monte, to seek the agreement

of the Philippine Government under Article X, paragraph 1, of the Agreement

Concerning Military Bases to the segregation from the Fort William McKinley

Military Reservation of a minimum area suiting the requirements of the permanent

cemetery project for retention by the United States of America after occupancy of

remaining portions of that Reservation shall have been given over to the Philippine

Government under Article XXI, paragraph 1, of the Agreement Concerning Military

Bases. It is understood by my Government that the area so segregated and retained

shall not be used for purposes other than those customarily appertaining to the

conduct of such military cemeteries, except that chapels, memorials, servicebuildings and facilities, caretakers' quarters, landscaping and protective plantings

shall be recognized as being included in such customary appurtenances.

A suitable tract, containing 149.9842 acres more or less, within the present

boundaries of the Fort William McKinley Reservation has been selected, surveyed

and mapped and is understood to have been recommended for approval by the Chief

of Staff of the Philippine Army. The attached map, "Boundary Survey of Proposed

Cemetery, Mt. McKinley, Rizal", scale 1:2,500, prepared by the Manila Engineer

District, United States Army, on January 20, 1948 (Drawing No. 87- 01-03, Sheet 1),

provides a description of the tract by metes and bounds.

I shall be glad to have Your Excellency inform me that the Philippine Government

accepts the deletion of the United States Armed Forces Cemetery No. 2 at San

Francisco del Monte, Rizal, from Annex ''A'1 of the Agreement Concerning Military

Bases, signed on March 14, 1947, and that in lieu thereof, the Government of the

Republic of the Philippines is agreeable, under the conditions stated, to the retention

by the Government of the United States of America, in accordance with Article X,

paragraph 1, of the said Agreement, of the described portion of the Fort William

McKinley Reservation for the purpose of establishing and maintaining thereon a

permanent United States Armed Forces cemetery.

In order that the peace, dignity and sanctity of the said cemetery may not be

disturbed, or its beauty marred, by the usage for undesirable purposes of, or by the

presence of unsightly structures on, any land which may He between the present

highways and the western and northwestern boundaries of the tract, as shown on the

attached map, I have been directed also to request assurances that Your Excellency's

Government will establish and maintain rights-of-way for the said highways in such

manner as to coincide exactly with the cemetery boundaries from monument No. 14

at the southwestern corner clockwise to monument No. 7 at the most northern point

of the tract and that no buildings or other structures shall be allowed on, or usage for

undesirable purposes permitted to be made of, any portion of such rights-of-way

between the easterly edge of the highway pavement and the said cemetery

boundaries.

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

EMMET O'NEAL

Enclosure:

Map, as described.

His Excellency ELPIDIO

QUIRINO

Secretary of Foreign Affairs of the

Republic of the Philippines

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN AMBASSADORREPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, April 1, 1948

Excellency;

I have the honor to acknowledge the receipt of Your Excellency's note No. 1148 of

March 31, 1948, reading as follows:

[See note I]

In reply, I am authorized to inform Your Excellency that the Government of the Republic of the Philippines is agreeable to the relinquishment, and does hereby accept the relinquishment, by the Government of the United States of America in accordance with the provisions of paragraph 3 of Article I of the Philippine-United States Agreement Concerning Military Bases, of that military reservation, or base, which is described in Annex "A" of the said Agreement as "United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal", the right to the retention of the use of which was granted to the Government of the United States of America by the Government of the Republic of the Philippines under paragraph 1 of Article I of the aforesaid Agreement. I am further authorized to inform Your Excellency that, in lieu of the United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal, the deletion of which from Annex "A" of the Agreement Concerning Military Bases is mutually agreed between our respective Governments by the present exchange of notes, the Government of the Republic of the Philippines, in consideration of the provisions of paragraph 1 of Article X of the aforesaid Agreement and of the high purposes set forth in Your Excellency's note, is agreeable to and does hereby gladly agree to the retention by the Government of the United States of America of the tract (as described in the antepenultimate paragraph of, and in the map attached to, Your Excellency's note) which has been segregated from the Fort William McKinley Military Reservation with a view to the establishment and maintenance thereon by the United States Government of a permanent United States Armed Forces cemetery, which shall include and be an extension of the existing post cemetery. This expression of agreement to the retention by the United States of the said tract for the said purpose is made subject to the understanding stated by Your Excellency: ".... that the area so segregated and retained shall not be used for purposes other than those customarily appertaining to the conduct of such military cemeteries, except that chapels, memorials, service buildings and facilities, caretakers, quarters, landscaping and protective planning's shall be recognized as being included in such customary appurtenances," and to such provisions of the Military Bases Agreement as are appropriately applicable to the case. With regard to the last paragraph of Your Excellency's note, I am authorized to convey assurances that my Government is fully sensible of the motivating aesthetic considerations concerned and that it will, accordingly, cooperate in the attainmentand maintenance of the stated objectives by fixing the rights-of-way of the highways in question to coincide exactly with the boundaries of the United States Armed Forces Cemetery between the point indicated and by preventing the situation of any building or other structure upon any portion of such rights-of-waylying between the easterly edge of the highway pavement and the cemetery boundaries or any usage of such area for any undesirable purpose. Accept, Excellency, the renewed assurances of my highest consideration.

ELPIDIO QUIRINO

His Excellency EMMET O'NEAL American Ambassador United States Embassy Manila