Treaty (25 July 1949)

July 25, 1949

EXCHANGE OF NOTES AND MEMORANDA CONSTITUTING

AN AGREEMENT BETWEEN THE PHILIPPINES AND THE

UNITED STATES OF AMERICA RELATING TO THE

ESTABLISHMENT OF AN ADJUTANT GENERAL RECORDS

DEPOSITORY FOR THE PHILIPPINE COMMAND, UNITED

STATES ARMY. MANILA, JULY 25 AND 28 AND AUGUST 8,

1949.

Note: The Agreement entered into force, August 8, 1949.

Reference: This Agreement is also published in 163 UNTS, p. 103.

I

THE AMERICAN CHARGE D'AFFAIRES AD INTERIM TO THE

PHILIPPINE SECRETARY

OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 0783

Manila, July 25, 1949

Excellency:

I have the honor to refer to my notes No. 2299 of December 20, 1948, and No. 0406,

of April 19, 1949, and to Your Excellency's notes No. 3324, of February 9, 1949 and

No. 12227, of May 14, 1949, in reply thereto, regarding the needs of the Adjutant

General Records Department, Philippines Command, United States Army, for

facilities to store and use its official service records in connection with the

adjudication by the United States Veterans Administration of claims of Philippine

citizens seeking veterans' benefits from the United States Government, and to the

negotiations with reference to this subject carried on by representatives of our two

Governments.

I am pleased to inform Your Excellency that my Government accepts the Palma Hall

building on Padre Faura, Manila, as office quarters for the use of the Adjutant

General Records Department, Philippines Command. It has been agreed that the

Palma Hall building is to be rehabilitated with funds allocated by the War Damage

Commission before it is occupied by the Records Depository.

I am also pleased to inform Your Excellency that my Government further accepts the

use of such portion of the Diliman Housing Area, Quezon City, as may be required

for living quarters for the personnel of the Adjutant General Records Department

employed at the Records Depository. It is understood that my Government retains

the right to use and occupy the entire Diliman Housing Area as a temporary military

installation, under Article XXI of the Military Bases Agreement, until such time asthe Palma Hall Building is rehabilitated and the records and offices of the Adjutant

General Records Department transferred to said building, at which time the United

States Army will declare the housing units in that area surplus and relinquish its

right of use and occupancy whereupon the Philippine Government will make

necessary housing available as stated above.

In order to prevent, as far as possible, future questions arising regarding the terms of

occupancy of the properties offered by Your Excellency's Government to my

Government for use by the Adjutant General Records Department, Philippines

Command, as a records depository and for housing facilities for Army personnel

employed therein, I should like to make formal the following conditions governing

rehabilitation, maintenance and occupancy which have been mutually agreed upon

informally in the negotiations completed between the representatives of our two

Governments.

"1. Rehabilitation work will place Palma Hall building in first-class condition for

general office and records storage purposes, including necessary restrooms for male

and female personnel, and the construction of a suitable vault for safeguarding

classified material, The adjacent motor pool area will be surfaced for all-weather

operation of motor vehicles, and the motor pool area enclosed by a prowler-proof

fence on three sides with the rear wall of Palma Hall completing the motor pool

area; materials for the fence and gravel for the surfacing of the motor pool area to be

supplied to the Philippine Government by the United States Army.

"2. All facilities will be retained for use by the Adjutant General Records Depository,

PHILCOM, until the furnishing of information to the United States Veterans

Administration for use in connection with payment of benefits to the Philippine

veterans has been completed. Within a period of five years, reduced requirements for

storage and office space for records probably would permit their removal to a

smaller building to be made available by the Philippine Government without cost to

the United States under conditions suitable to both Governments.

"3. The cost of maintenance of Palma Hall, including motor pool, and the Diliman

Housing Area occupied by the United States Army will be borne by the United

States Government.

"4. The payment of personnel for handling and processing records, guard and janitor

services, motor vehicles, and maintenance of motor vehicles will be provided by the

United States Government.

“5. Palma Hall and motor pool will be occupied by and under complete control of

the United States Army for use by the Adjutant General Records Depository,

PHILCOM.

“6. Security of Palma Hall and motor pool will be by civilian guards employed by

the United States Army. Civilian guards are to be used under conditions similar to

those now in use by the Manila Regional Office, United States Veterans

Administration and the United States Philippine War Damage Commission. (Such

guards to be employed by the United States Army, processed and commissioned as

special police officers by the Manila Police Department with authority to make

arrests and protect property while in the performance of their duty.)"7. Palma Hall, including 20,000 square feet of land for a motor pool adjoining the

building as shown in the attached AGRD plot plan, dated May 5, 1949, will be

adequate for the requirements of the Adjutant General Records Depository.

"8. Plot plan of-areas including floor plan (location of vault, rest rooms, laboratory,

photostat machines, work-storage shed, etc.) for Palma Hall has been furnished by

the Engineer, PHILCOM, to the Philippine Government.

"9. It is understood that after Palma Hall is occupied by the Adjutant General

Records Depository, the seventy housing units of the Diliman Housing Area, as

shown on the accompanying map, will be made available by the Philippine

Government for the continued use of the United States Government as living

quarters for the personnel of the Adjutant General Records Depository without cost

to the United States Government, except for cost of maintenance. It is further

understood that the security of the housing area shall be as outlined in No. 6, above.

The United States Army agrees that, from time to time as the housing needs of the

personnel employed in the Records Depository may decrease as operations lessen, it

will return to the Philippine Government such housing units as may be in excess of

the requirements."

There is enclosed for the convenience of Your Excellency's Government an AGDR

plot plan, dated May 5, 1949, of Palma Hall and the adjacent motor pool area as it is

planned to rehabilitate them.

I desire t0 inform our Excellency that an acknowledgment of the receipt of this note

Containing Your Excellency's assurances that the terms and conditions thereof are

acceptable to our Excellency's Government will be considered by my Government

constituting an agreement for the establishment of an Adjutant General Records

Depository, offices and living quarters, for the use of United States Army.

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

THOMAS H.

LOCKETT

Charge d'Affaires a. i.

Enclosure:

1. AGRD plot plan, date May 5, 1949, as stated above.

2. Map of seventy housing units in the Diliman Housing Area to be retained by the

U.S. Army.

His Excellency ELPIDIO QUIRINO

Secretary of Foreign Affairs

Republic of the Philippines

II

THE PHILIPPINE UNDERSECRETARY OF FOREIGN AFFAIRS TO THE

AMERICAN

CHARGE D'AFFAIRES AD INTERIMREPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

Manila, July 28, 1949

S i r :

I am pleased to acknowledge the receipt of your note No. 0783 of July 25, 1949, and

1st 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 said note together with the present reply thereto as constituting an agreement arrived at between our two Governments for the establishment of an Adjutant General Records Depository, offices and living quarters, for the use of the United States Army. 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 EXCHANGE OF MEMORANDA I THE AMERICAN EMBASSY TO THE PHILIPPINE DEPARTMENT OF FOREIGN AFFAIRS THE FOREIGN SERVICE OF THE UNITED STATES OF AMERICA MEMORANDUM Understanding of the Negotiators With Regard to Term "Surplus" in the Exchange of Notes on the Establishment of the Adjutant General Records Depository With regard to note No. 783, dated July 25, 1949 from the Charge d'Affaires a i of the United States of America to His Excellency the Secretary of Foreign Affairs of the Republic of the Philippines regarding the establishment of an Adjutant General Records Depository, the following statement has been Agreed upon between the negotiators: "It is the understanding between the negotiators of the two Governments that the word 'surplus' appearing in the third paragraph of the note of the United States Embassy, dated July 25, 1949, will not preclude thePhilippine Government from negotiating with regard to the mode of transfer of the improvements in the housing area at Diliman, that is whether they are to be transferred under the Bulk Sales agreement or under the Agreement on Military Bases." T. H. L. American Embassy Manila, July 25, 1949 II THE PHILIPPINE DEPARTMENT OF FOREIGN AFFAIRS TO THE AMERICAN EMBASSY REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS MEMORANDUM Understanding of the Negotiators With Regard to Term “Surplus" in the Exchange of Notes on the Establishment of the Adjutant General Records Depository With regard to the note of the Undersecretary of Foreign Affairs dated July 28, 1949, in reply to note No. 783 of the Charge d’ Affaires ad interim, of the United States of America, to the Secretary of Foreign Affairs of the Republic of the Philippines, dated July 25, 1949, regarding the establishment of an Adjutant General Records Depository, the following has been agreed upon between the negotiators: [See memorandum I] Manila, August 8, 1949