Treaty (16 May 1949)

May 16, 1949

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

RELATING TO THE CONTINUED OCCUPANCY BEYOND THE

DATE OF 26 MARCH 1949 BY THE UNITED STATES ARMED

FORCES OF CERTAIN TEMPORARY QUARTERS AND

INSTALLATIONS IN THE PHILIPPINES

Note: The Agreement entered into force, May 16, 1949.

Reference: This Agreement is also published In 68 UNTS, p. 272.

I

THE AMERICAN CHARGE D'AFFAIRES AD INTERIM TO THE

PHILIPPINE SECRETARY

OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 0510 Manila, May 14, 1949

Excellency:

I have the honor to refer 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, in particular, to paragraph 1, Article XXI of that Agreement

which, while it limits to a period of two years the term of occupancy by United

States armed forces of temporary quarters and installations existing outside the bases

mentioned in Annex A and Annex B, reserves for my Government the right, if

circumstances require to negotiate with Your Excellency's Government with a view

to extending the right of United States armed forces to continued occupation of

temporary quarters and installations beyond the date March 26, 1949 for such time

as may be necessary for the completion of adequate facilities for United States

armed forces within the bases provided in the aforementioned Agreement.

I desire to inform Your Excellency that, although the United States Army has

endeavored to concentrate its activities within Annex A bases, delays in the

construction program caused by difficulty in obtaining certain critical construction

items have made it necessary for the United States armed forces to continue the

occupation of a number of temporary installations.

Therefore, in accordance with Article XXI, earlier referred to, my Government

requests an extension of its right to occupy certain temporary installations beyond

the date March 26, 1949. A list of such installations is transmitted herewith as Annex

1.

The United States Government agrees that the continued occupancy by its armed

forces of the temporary quarters and installations enumerated in Section C of Annex1 attached hereto will in no way prejudice the rights of the several private owners of

such tracts of land in their contractual relations with the United States Government.

I desire to inform Your Excellency further that certain other temporary bases and

installations occupied by the United States Army under the Bases Agreement and

recently returned to Philippine ownership were not included in my note No. 0509 of

this date because they did not exist on United States Government owned land, but

occupied leased or Philippine Government property. There still remain in this

category certain temporary quarters and installations occupied by the United States

Army which will have been made available for transfer to Your Excellency's

Government on or before March 26, 1949 in compliance with paragraph 1, Article

XXI of the Military Bases Agreement.

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

THOMAS H. LOCKETT

Charge d'Affaires a. i.

Enclosure:

Annex 1 — List of Properties which the

United States Government Wishes to Retain

after March 26, 1949.

His Excellency

ELPIDIO QUIRINO

Secretary of Foreign Affairs

of the

Republic of the

Philippines

ANNEX NO. 1

LIST OF PROPERTIES WHICH THE UNITED STATES GOVERNMENT

WISHES

TO RETAIN AFTER MARCH 26, 1949

A Installations located on United States owned land:

1. Fort William McKinley (parcels 3 and 4).

2. Nichols Field Reserved Area (350.60 acres of parcel 2, Fort McKinley

Reservation).

B. Installations located on Philippine Government owned land:

1. Diliman Housing Area, Quezon City, Rizal (to be retained as a military

installation until such time as Palma Hall is completed and occupied by

the AGRD for its records and offices).

C. Installations located on private property:

1. McKinley Housing Colony, Makati, Rizal.

2. Processing and Training Center Area (former Manila Provost MarshalCommand Area), Mandaluyong, Rizal.

3. Area at Highway 54 and Pasig Boulevard, to include the 505th

Transportation Truck Battalion Bus Pool, the former Pasig Commissary

Area, the former Adjutant General Printing Plant and Publications Depot

Area, and the former 29th Engineer Base Topographical Battalion Area,

Mandaluyong, Rizal.

4. Signal Communications Plant and Distribution (consists of

communication cables crossing private and Philippine Republic property

for which easements must be retained).

5. WTA Transmitter Station, Tinajeros, Rizal.

6. UMP Relay Station, Santa Mesa Heights, Rizal.

7. WTA Receiver Station, Las Pinas, Rizal.

8. Quartermaster POL Depot, Malibay, Rizal.

9. 141st AACS Transmitter Station, near Fort Stotsenburg-Clark Air

Force Base, Pampanga.

10. Headquarters MANED, and Fisher Apartments at F. B. Harrison and

Fisher Avenue, Rizal City, Rizal. (Headquarters MANED building is

property of Philippine Alien Property Administration.)

11. Carabao Wallow, Highway 54, Malibay, Rizal.

II

THE PHILIPPINE UNDERSECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN

CHARGE D'AFFAIRES AD INTERIM

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, May 16, 1949

Sir:

I am pleased to acknowledge the receipt of your note No. 510 of May 14, 1949, and

its enclosure, which note reads as follows:

[See note I]

I am happy to inform you that an agreement in the sense described in the foregoing note is acceptable to the Government of the Philippines, and that this Government considers the Embassy's note No. 510 of May 14, 1949 and its enclosure, together with the present reply thereto as constituting an agreement arrived at between our two Governments in accordance with Article XXI of the Military Bases Agreement of March 14, 1947 on the subject of extension of the right of the United States armed forces to occupy certain temporary installations enumerated in the enclosure Annex 1 beyond the date March 26, 1949 for such time as may be necessary for the completion of adequate facilities for United States armed forces within the bases provided in the aforementioned Military Bases Agreement but shall in no case exceed a period of three years from March 26, 1949. Accept, Sir, the renewed assurances of my high consideration.FELINO NERI Undersecretary The Honorable THOMAS H. LOCKETT Charge d'Affaires ad interim United States Embassy Manila