Treaty (16 May 1949)

May 16, 1949

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT BETWEEN THE PHILIPPINES AND THE UNITED STATES OF AMERICA RELATING TO THE TRANSFER OF CERTAIN UNITED STATES MILITARY BASES TO THE PHILIPPINES

Note: The Agreement entered into force. May 16, 1949. Reference: This Agreement is also published in 67 UNTS, p. 199. I THE AMERICAN CHARGE D'AFFAIRES AD INTERIM TO THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS EMBASSY OF THE UNITED STATES OF AMERICA No. 0509 Manila, May 14, 1949 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 Independence Act; 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 relinquishes to the Government of the Philippines the use of, and transfers to that Government such right and title to, or interest in, the United States military reservations listed in Annex 1 attached hereto, as the United States may have therein. There is also annexed hereto a list of the available Executive Orders and Torrens Certificates of Title whereunder the United States has claimed title to and possession of the military reservations in the aforementioned Annex 1 attached hereto.The Government of the United States recognizes the Philippine Long Distance Telephone Company as the lawful owner of certain buildings and installations at Camp Eldridge, Laguna. Therefore I desire to point out to Your Excellency that these particular installations are excepted from any of the provisions of this note concerning the turnover of installations and improvements on the military reservations listed in the aforementioned Annex 1 attached hereto. I further desire to inform Your Excellency that the United States Government assures the Philippine Government that it will make no claims now or in the future against the Philippine Government with a view to recovering funds expended in the acquisition of title to the temporary bases and installations included in the military reservations listed in the aforementioned Annex 1 attached hereto. In hereby making final and formal the transfer of the property listed in Annex 1 attached hereto, the United States requests that the Republic of the Philippines assume as of March 27, 1949 all responsibility, risk of loss, and liability for the care, custody, protection and maintenance of said property, including liability for damage to person or property sustained on or after March 27, 1949 as a result of dangerous or defective conditions existing on or after that date, and the Republic of the Philippines agrees to indemnify and hold harmless the United States, members of its armed forces and its civilian employees from the aforesaid responsibility, risk of loss, and liability. The United States makes no warranty of title to the property listed in Annex 1 attached hereto or of the condition of said property or of its fitness for any other purpose. In hereby making final and formal the transfer of the military reservations listed in Annex 1 attached hereto, the United States also requests that the Republic of the Philippines agree that while it is understood that the buildings and other improvements located thereon are transferred without charge against or reference to the Surplus Property Agreement signed September 11, 1946, this understanding relates only to the transfer of military reservations covered by this note. I am authorized by my Government to state that an acknowledgement of the receipt of this note containing Your Excellency's assurances that the terms and conditions thereof are acceptable to Your Excellency's Government will be considered by my Government as constituting an agreement for the relinquishment to the Government of the Philippines of the use, and the transfer to that Government of such right and title to, and possession of, the United States military reservations listed in Annex 1 attached hereto, as the United States may have therein and as evidence that such relinquishment or transfer has been fully accomplished. Accept, Excellency, the renewed assurances of my highest consideration.

THOMAS H. LOCKETT

Charge d'Affaires a.i. Enclosures:

1. Annex 1—List of Properties to be Turned Over by the United States Government to the Philippine Government on March 26, 1949.2. List of Executive Orders and Torrens Certificates of Title. His Excellency ELPIDIO QUIRINO Secretary of Foreign Affairs of the Republic of the Philippines ANNEX NO. 1 LIST OF PROPERTIES TO BE TURNED OVER BY THE UNITED STATES GOVERNMENT TO THE PHILIPPINE GOVERNMENT ON MARCH 26, 1949 1. Augur Barracks (Zettel Field), Jolo, Sulu.

2. Calumpang Point Reservation, Cavite, Luzon.

3. Camp Bumpus, Tacloban, Leyte.

4. Camp Connell, Samar.

5. Camp Dowries, Ormoc, Leyte.

6. Camp Eldridge, Los Banos, Laguna, Luzon.

7. Camp Gregg, Bayambang, Pangasinan, Luzon.

8. Camp Keithley (Maguire Field), Dansalan, Mindanao.

9. Camp Overton, Iligan, Lanao, Mindanao.

10. Chromite Ore Deposit, Zambales, Luzon.

11. Cauayan Field, Cauayan, Isabela, Luzon.

12. Cuartel Meisic, Manila.

13. Fort San Pedro, Cebu, Cebu.

14. Fort San Pedro, Iloilo, Panay.

15. Ludlow Barracks, Parang, Cotabato, Mindanao.

16. Malabang Field (portion of Torrey Barracks), Lanao, Mindanao.

17. Momungan Military Reservation, Momungan, Lanao, Mindanao.

18. Nozaleda Military Reservation, Calle Gral. Luna, Manila.

19. Sanborn Field (Sanborn) (Regan Barracks), Daraga, Albay, Luzon.

20. Tagabiran Military Reservation, Catubig, Samar.

21. Warwick Barracks, Cebu, Cebu.

22. Wolfe Field, Zamboanga, Mindanao.

23. Nichols Field (all of parcel 1 and parcel 2 less approximately 350.60 acres, Fort William McKinley Reservation), Rizal, Luzon.

24. Cuartel de Espana, Intramuros, Manila, including Santa Lucia Barracks.

25. Fort Santiago, Manila.

26. Old Medical Supply Depot, Manila.

27. Old Sternberg General Hospital, Manila.

28. Cuartel de Infanteria, including Estado Mayor, Manila.

29. Malate Barracks, Manila.

LIST OF EXECUTIVE ORDERS AND TITLES OF PRE-WAR MILITARY RESERVATIONS TO BE RETURNED TO PHILIPPINE GOVERNMENT

1. Augur Barracks, Jolo, Sulu Executive Orders and Transfer Certificate of Titles for acquisition.

Ex. Or. Nov. 10, 1904 " " May 17, 1905 " " Feb. 14, 1913 No. l703" " May 28, 1929 No. 5129 TctNo. 19 " No. 24 Executive Orders reverting portion of res. to Phil. Govt. and Letter placing the remaining portion under the control of the Phil. Govt. Ex Or. Sept. 23, 1924 No. 4077 " "Nov. 18, 1930 No. 5493 Letter dated Sept. 10, 1917. Asturias-Sub Post of Augur Barracks Executive Orders and Transfer Certificate of Titles for acquisition.

Ex. Or. Nov. 10, 1904 Tct No. 21 " No. 23 Letter placing under the control of the Philippine Government. Letter dated Sept. 10, 1917. (Included in Augur Barracks) 2. Calumpan Point, Maragondon, Cavite. Executive Orders for acquisition.

Ex. Or. April 11, 1902 " "March 14, 1904 3. Camp Bumpus, Tacloban, Leyte. Executive orders and transfer Certificate of Titles for acquisition.

Ex. Or. Sept. 1, 1903 TctNo. 23 " No. 27 " No. 28 " No. 29 " No. 30 " No. 31 " No. 32 " No. 33 " No. 34 " No. 35 " No. 36 " No. 37 4. Camp Connell, Calbayog, Samar. Executive Order for acquisition.

Ex. Or. Sept. 1, 1903 G. O. No. 201 Sept. 27, 1907 (Technical description) 5. Camp Downes, Ormoc, Leyte Executive Orders and Transfer Certificate of Titles for acquisition.

Ex. Or. Sept. 1, 1903 April 9, 1907 " "July 26, 1913 No. 1806 TctNo. 10 " No. 11 " No. 46 Letter placing under the control of the Phil. Constabulary letter May 27, 1915.

6. Camp Eldridge, Los Banos, Laguna Executive Orders and Transfer Certificate of Titles for acquisition.Ex. Or. Sept. 1, 1903 " "Dec. 6, 1904 " "Feb. 14, 1916 TctNo. 1 " No. 9 " No. 14 " No. 18 " No. 19 " No. 288 7. Camp Gregg, Bayambang, Pangasinan Executive Order for acquisition.

Ex. Or. Sept. 1, 1903 8. Camp Keithley, Dansalan, Lanao Executive Orders for acquisition Ex. Or. Jan. 19, 1905 " "Sept. 26, 1907 Letter placing under the control of the Phil. Govt. Letter dated Sept. 10, 1917.

9. Camp Overton, Iligan, Lanao Executive Orders and Transfer Certificate of Titles for acquisition.

Ex. Or. July 11, 1903 " "Dec. 1, 1908 " "Aug. 31, 1912 No. 1595 TctNo. 1189 " No. 1190 Letter placing under the control of the Phil. Govt. Letter dated Sept. 10, 1917 10. Chromite Ore Deposit, Zambales, Executive Order for acquisition Ex. Or. Aug. 20. 1931 No. 5690 11. Cauayan, Isabela Executive Order for acquisition Ex. Or. Jan. 5, 1927.

12. Cuartel Meisic, Manila Executive Order for acquisition Ex. Or. May 17, 1905 13. Fort San Pedro, Cebu, Cebu Ex. Or. Sept. 1, 1903 " "June 17, 1910 General Order Sept. 22, 1905 No. 157 14. Fort San Pedro, lloilo, Panay Executive Order & Transfer Certificate of Title for acquisition.

Ex. Or. Oct. 10, 1903 " "Sept. 18, 1905 TctNo. 46 " No. 69 " No. 93 " No. 522 " No. 523 " No. 524" No. 525 Executive Order & Letter placing under the control of the Phil. Govt.

Ex. Or. Oct. 3, 1906 Letter dated Sept. 10, 1917.

15. Ludlow Barracks, Parang, Cotabato Executive Order & Transfer Certificate of Title for acquisition.

Ex. Or. Feb. 15, 1904 " "March 30, 1909 TctNo. 8 " No. 7 " No. 10 " No. 11 " No. 12 " No. 18 " No. 40 16. Malabang Field, Lanao, Mindanao Executive Order for acquisition Ex. Or. March 20, 1930 No. 5308 17. Momungan, Lanao Executive Order for acquisition Ex. Or. Feb. 10, 1915 No. 2136 " "June 19, 1916 No. 2405 18. Nozaleda, Manila Executive Order for acquisition Ex. Or. Feb. 13, 1911 Executive Order placing portion of reservation under the control of the Philippine Government.

Ex. Or. April 15, 1939 19. Sanborn Field, Albay Executive Order for acquisition Ex. Or. Dec. 19, 1927 No. 4787 20. Tagabiran, Catubig, Samar Transfer Certificate of Title for acquisition TCT No. 11 21. Warwick Barracks, Cebu, Cebu Executive Order for acquisition Ex. Or. Sept. 1, 1903 Letter placing under the control of the Phil. Govt. Letter dated Sept. 10, 1917 22. Wolfe Field, Zamboanga Executive Order for acquisition Ex. Or. May 28, 1929 No. 5129 23. Fort Wm. McKinley, Rizal General Order, Deed of Sale & Transfer Certificate of Title for acquisition Gen. Or. No. 104, Oct. 3, 1902Deed of Sale dated Aug. 5, 1902 TCT No. 2288 Executive Order placing portion of Res. under control of the Phil. Govt.

Ex. Or. Feb. 20, 1917 No. 2534 Note No. 559, Dec. 23, 1947 from American Ambassador United States Embassy to Secretary of Foreign Affairs of the Republic of the Philippines.

24. Old Medical Supply Depot, Manila Executive Order for acquisition and restoration to the Phil. Govt.

Ex. Or. Feb. 13, 1911 25.

25. Sternberg Gen. Hosp., Manila Executive Order for acquisition Ex. Or. Feb. 13, 1911 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 S i r : I am pleased to acknowledge the receipt of your note 509 of May 14, 1949 and its enclosures, 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 agrees to consider the Embassy's note No. 509 of May 14, 1949, and its enclosures, together with the present reply thereto as constituting an agreement arrived at between out two Governments on the subject of relinquishment to the Government of the Philippines of the use; and the transfer to that Government of such right and title to, and possession of, the United States military reservations listed in the enclosure Annex 1, as the United States may have therein, and as evidence that such relinquishment or transfer has been fully accomplished, effective as of March 27, 1949. Accept, Excellency, the renewed assurances of my high consideration. FELINO NERI Undersecretary The Honorable THOMAS H. LOCKETT Charge d'Affaires, a.i. Embassy of the United StatesIII REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS MEMORANDUM On the understanding of the Philippine Government regarding its acceptance of paragraph five of the Embassy's Note No. 509 of May 14, 1949 concerning the relinquishment and transfer to the Republic of the Philippines of temporary quarters and installations listed in Annex No. 1 attached thereto. It is the understanding of the Philippine Government that acceptance of paragraph five of the Embassy's Note No. 509 of May 14, 1949 does not preclude said Government from seeking the consideration of the understanding enunciated therein with respect to future relinquishment or transfer of United States military installations. (Signed) illegible Department of Foreign Affairs Manila, May 16, 1949