Treaty (6 February 1957)

February 06, 1957

EXCHANGE OF AIDE-MEMOIRE CONSTITUTING AM

AGREEMENT BETWEEN THE REPUBLIC OF THE

PHILIPPINES AND THE UNITED STATES OF AMERICA

RELATING TO DAMAGES ARISING FROM MANEUVERS AT

THE LAUR TRAINING AREA

I

THE AMERICAN EMBASSY TO THE PHILIPPINE DEPARTMENT OF

FOREIGN AFFAIRS

AIDE-MEMOIRE

The Embassy of the United States of America wishes to refer to the exchange of

notes (Nos. 0678 and 3549, dated December 11 and 20, 1956, respectively) between

the Embassy and the Department of Foreign Affairs, concerning the amphibious, air,

and ground field training exercises to be conducted by the United States Pacific

Fleet Marine Force, Pacific, at the Laur Training Area during March and early part

of April, 1957, for which permission was granted by the Philippine Government,

subject to the condition that the United States will pay for or repair any damages that

may be incurred by private and government properties as a result of such training

exercises; and to the discussions which have recently taken place between the

representatives of the Governments of the Republic of the Philippines and the

United States of America regarding the type and nature of damages which the United

States Government will pay or cause to be repaired.

These discussions have resulted in a mutual understanding between the two

Governments as follows:

1. The United States Government has taken note of the information furnished by

representatives of the Philippine Government that presently there are fourteen timber

concessionaires, more or less, aside from minor forest products license holders,

within the Laur Training area, who have obtained their licenses from the Philippine

Government prior to December 19, 1955, when the said area was reserved for the

use of the Philippine Armed Forces by Presidential Proclamation No. 235; and that

in addition to these timber concessionaires and license holders, there are also an

undetermined number of private land owners, who have acquired their rights in

accordance with the "Public Land Law prior to December 19, 1955.

2. That the United States Government recognizes the desirability of having an

officer of the Philippine Armed Forces who shall serve as liaison officer between

claimants and the Foreign Claims Commissions of the United States Government.

3. The United States Government agrees to pay any and all damages that may be

incurred by private property, of all types, outside the maneuver area (meaning the

Laur Training Area), which damages are the proximate result of the training

exercises conducted by the United States personnel involved in the maneuvers.Likewise, the United States Government agrees to pay the Philippine Government,

or cause to be repaired, any and all damages that may be incurred by government

properties lying outside the maneuver area, which damages are the proximate result

of the training exercises conducted by United States personnel engaged in the

maneuvers, provided that the properties damaged are man-made constructions, such

as buildings, roads, bridges and the like.

4. The United States Government agrees to pay any and all damages incurred by

private property, of all types, within the maneuver area, which damages are the

proximate result of the training exercises conducted by United States personnel

involved in the maneuvers, provided that such private property has existed there

prior to December 19, 1955. Likewise, the United States Government agrees to pay

the Philippine Government, or cause to be repaired, any and all damages incurred by

government property lying within the maneuver area, as a proximate result of the

training exercises conducted by United States personnel engaged in the maneuvers,

provided that such government property consists of man-made constructions, such as

buildings, roads, bridges and the like.

5. The United States Government will make the most vigorous efforts to remove

unexploded explosives from the maneuver area, and will pay any and all damages

arising from delayed explosions, provided however, that no damages will be paid

unless the explosion and damage occur within one year from the date of the

termination of the maneuvers.

6. The Philippine Government agrees that the United States Government will not be

required to pay to the Philippine Government for damages caused by underwater

demolitions adjacent to the training area, nor to pay to the Philippine Government or

to anyone damages for fishes in the sea which are killed as a result of explosions in

the water or for interference with fishing activities, or for alterations or changes in

fishing conditions which might allegedly result from the maneuvers.

7. The Philippine Government agrees that the United States Government will not be

obligated to pay for damage to standing timber, but will pay for damages caused to

stockpiles of cut timber belonging to forest concessionaires, and of firewood,

charcoal, resin and other minor forest products, belonging to private license holders.

8. It is understood that all claims arising during the maneuvers shall be presented to

the representatives in the field of the United States Foreign Claims Commission

within sixty (60) days from the date the maneuvers end; all damages occurring later

from unexploded shells must be presented within sixty (60) days from the date the

damages occurs as set forth in paragraph 5 above; and whenever practicable all said

claims shall be settled in the field; provided, however, that if the claimants failed to

present their claims within the period above stipulated due to causes beyond their

control, they should be allowed to present their claims to the United States Foreign

Claims Commissions at U.S. Naval Station Sangley Point, within a reasonable

period of time, which in no case shall exceed one (1) year from the time the damage

occurred.

9. It is further understood that the appropriate Philippine authorities will give notice

to all people in and about the area that maneuvers will be conducted in and about the

training area during the month of March and the early part of April, 1957 and causethe areas to be used as impact and maneuvers areas to be cleared of all unauthorized

persons.

10. The Philippine Government has designated the Armed Forces of the Philippines

to take charge of making and carrying on such liaison arrangements, as may be

required further in the premises, with the Commander, United States Naval Forces,

Philippines.

11. The Philippine Government has taken note that in conducting these maneuvers

improvements may be made by the United States forces to airfields, roads, bridges

and the like both inside and outside the training area.

H. H. SMITH

Embassy of the United States of America

Manila, February 6, 1957

II

THE PHILIPPINE DEPARTMENT OF FOREIGN AFFAIRS TO THE

AMERICAN EMBASSY

REPUBLIC OF THE PHILIPPINES DEPARTMENT OF FOREIGN AFFAIRS

No. 299-57

AIDE-MEMOIRE

The Department of Foreign Affairs wishes to refer to the exchange of notes (Nos.

0678 and 3549, dated December 11 and 20, 1956, respectively)

between the American Embassy and the Department, concerning the amphibious, air,

and ground field training exercises to be conducted by the United States Pacific

Fleet and Fleet Marine Force, Pacific, at the Laur Training Area during March and

early part of April 1957, for which permission was granted by the Philippine

Government, subject to the condition that the United States will pay for or repair any

damages that may be incurred by private and government properties as a result of

such training exercises; and to the discussions which have recently taken place

between the representatives of the Governments of the Republic of the Philippines

and the United States of America regarding the type and nature of damages which

the United States Government will pay or cause to be repaired.

These discussions have resulted in a mutual understanding between the two

Governments, as follows:

[See alde-memoire I]

(Initialled) [illegible] Department of Foreign Affairs Manila, February 6, 1957Source: Supreme Court E-Library