Treaty (28 October 1955)

October 28, 1955

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE

UNITED STATES OF AMERICA RELATING TO THE

ADMINISTRATION OF SCHOOLS IN THE UNITED STATES

NAVAL RESERVATION, SUBIC BAY

Note: The Agreement entered into force, October 28, 1955.

Reference: This Agreement is also published in 239 UNTS, p. 165.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF

FOREIGN AFFAIRS

AMERICAN EMBASSY

No. 0543

Manila, October 28, 1955

Excellency:

I have the honor to refer to: (1) the recent conversations between

representatives of our two Governments regarding the transfer of the

administration of the Jackson High School, located within the United

States Naval Reservation, Subic Bay; (2) the Embassy's note No. 247,

dated August 27, 1952 in reply to the Philippine Department of Foreign

Affairs note of August 12, 1952 (both relating to the operation of the

Jackson High School); and (3) any other agreements, written or

unwritten, concerning the operation of Philippine public schools within

the Naval Reservation; and wish to confirm the following understanding

already agreed to by our representatives:

(A) The Philippine Department of Education: (l) is to operate

the public school system in the Naval Reservation in

accordance with applicable Philippine laws and regulations;

(2) will maintain the school buildings and property occupied

as public schools in good condition and repair, it being

understood that no buildings or equipment will be altered or

remodeled without permission of the United States Naval

authorities and no buildings which are the property of the

Reservation will be altered, remodeled or removed without

permission of the United States Naval authorities; (3) will pay

the Naval Reservation monthly for the water and electricity

supplied, either at the metered rate or at the flat rates

established in the Reservation; (4) will employ in the schools

only such persons as do not, in the opinion of the Navalauthorities, constitute or become risks to the security of the

Naval Base and who are and remain authorized to enter the

Naval Reservation; (5) will admit in these schools as students

only those who are authorized and remain authorized by

Naval authorities to reside on the Naval Reservation, it being

understood that students presently enrolled in the schools on

the Naval Reservation will be permitted to attend until the end

of the current school year; (6) will collect the same rentals on

the text books purchased by the Naval Reservation and used

by the students until the books become unusable and remit the

rentals to the Naval Reservation.

(B) The Commander United States Naval Forces Philippines:

(1) will make available to the Philippine Department of

Education for public school use, rent free, the buildings which

are owned by the Reservation (said school buildings to

remain the property of the Reservation) and the grounds

presently occupied by the public schools within the Naval

Reservation; (2) retains the right to repossess "plant

accountable equipment" such as typewriters, machine tools,

and other Navy items which are located in the Jackson High

School; (3) will deliver to the Philippine Department of

Education that portion of the matriculation and ANCHOR

fees collected from the students in the Jackson High School

for the current school year, which remains unexpended on

December 1, 1955; and (4) will deliver to the Philippine

Department of Education such portion of the supplies as has

been purchased from tuition, matriculation or ANCHOR fees,

other supplies to be paid for by the Department at cost.

(C) As it is the intention that the Department of Education

should receive five-twelfths (5/12ths) of the total tuition fees

of the students in the Jackson High School for the school year

195.5-56 and that the United States Naval Reservation should

receive seven-twelfths (7/12ths) of the total tuition fees for

the same period, an accounting will be held on December 1,

1955, to effectuate the foregoing and the Naval Reservation

will deliver to the Department of Education the amount due.

(D) It is understood that the library books in the Jackson High

School continue to remain the property of the Naval

Reservation, but may be used by the High School.

(E) This understanding is effective December 1, 1955.

I have the honor to propose that, if this understanding is acceptable to

your Government, this note and Your Excellency's reply will constitute

an Agreement between our two Governments, superseding those

mentioned in my opening paragraph, governing the operation of

Philippine public schools within the United States Naval Reservation,

Subic Bay.Accept, Excellency, the renewed assurances of my highest consideration-

HOMER FERGUSON

The Honorable CARLOS P. GARCIA

Secretary of Foreign Affairs

Republic of the Philippines

II

THE PHILIPPINE UNDERSECRETARY OF FOREIGN AFFAIRS

TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

No. 2966

Manila, October 28, 1955

Excellency:

I have the honor to acknowledge the receipt of your Note No. 0543 of

even date which reads as follows:

[See note 1]

I am pleased to inform Your Excellency that the foregoing understanding is acceptable to my Government and I hereby confirm that this is also the underestanding of the Philippine Government. My Government will therefore consider your note and this reply as constituting an Agreement between our two Governments, superseding those mentioned in the opening paragraph of your note governing the operation of Philippine public schools within the United Naval Reservation, Subic Bay. Accept, Excellency, the renewed assurances of my highest consideration.

RAUL S. MANGLAPUS

Undersecretary His Excellency HOMER FERGUSON Ambassador of the United States of America Manila