Treaty (1 November 1957)

November 01, 1957

EXCHANGE OF AIDE-MEMOIRE CONSTITUTING AN

AGREEMENT BETWEEN THE REPUBLIC OF THE

PHILIPPINES AND THE UNITED STATES OF AMERICA

RELATING TO CLAIMS FOR DAMAGES ARISING SEATO

MANEUVERS AND GROUND FIELD TRAINING EXERCISES

WITHIN THE VICINITY OF THE STA. ROSA LAUR-

DINGALAN BAY AREA

Note: The Agreement entered into force, November 1, 1957.

Reference: This Agreement is also published in 307 UNTS, p. 39.

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 conference held

in the Headquarters of the Armed Forces of the Philippines on October 8 and 9,

1957, between the representatives of the Commanding General, 3rd Marine

Division, United States Marine Corps, Commander U.S. Naval Forces Philippines,

and the representatives of the Armed Forces of the Philippines for the purpose of

working out an understanding concerning the procedures for the filing, processing,

adjudication and payment of claims for damages that may be caused to civilians and

their properties, and to personnel and properties of the Philippine and United States

Governments in connection with the maneuvers and ground field training exercises

to be conducted by the SEATO member nations within the vicinity of the Sta. Rosa

Laur — Dingalan Bay Area in November and December 1957.

The discussions in said conference have resulted in a mutual understanding between

the two Governments, as follows:

1. As participating nations in maneuvers to be conducted by the SEATO in the

vicinity of the Sta. Rosa Laur — Dingalan Bay Area some time in November and

December 1957, the United States and Philippine Governments recognize the

desirability of coming into an understanding with respect to the procedure for

processing, assessment and payment of claims for damages to privately-owned and

government-owned properties and personnel.

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

incurred by private citizens as a result of personal injuries and by private property, of

all types, outside the maneuver area (meaning the Sta. Rosa Laur—Dingalan Bay

Area), which damages are the proximate result of the training exercises conducted

by the United States personnel 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 of the

maneuver area, which damages are the proximate result of the training exercisesconducted by United States personnel engaged in maneuvers, provided that the

properties damaged are man-made constructions, such as buildings, roads, bridges

and the like.

3. 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 property has existed inside the Laur

Training Area 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, road, bridges and the like.

4. The governments concerned are authorized to repair or replace damaged property

where same is acceptable to the claimant in lieu of monetary payment.

5. The governments concerned 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 maneuver area, nor to pay to the Philippine Government

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

the water or for interferences 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 for damages both private and governmental, which

are the proximate result of the training exercises conducted by personnel of the

United States Government mentioned in paragraphs 1, 2, 3, 4 and 6 above, shall be

presented to the representatives in the field of the United States Government within

thirty (30) 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

damage 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 Commission at the 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. All damages to private properties and injuries to civilians caused by Philippine

troops shall be borne exclusively by the Philippine Government.10. In case there is a conflict as to whether the physical injuries or damage to

property was caused by personnel of the United States or the Philippines, the

conflict should be resolved by a committee composed of one representative of the

Armed Forces of the Philippines and a representative of the Commander U.S. Naval

Forces Philippines. Should the representatives of the two governments fail to come

to an agreement as to the identity of the personnel causing the damage and/or the

extent of the damage and compensation to be awarded the injured party, the case will

be decided jointly by the Chief of Staff, Armed Forces Philippines and the U-S.

Commander in Chief, Pacific, or their duly autorized representatives.

11. It is also agreed that the Philippine and United States Governments ¦waive any

and all damages that may be incurred by the military properties and equipment of

either government and/or damages arising out of injuries to its. military personnel in

connection with the exercises herein mentioned.

12. 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 and all adjacent

towns and municipalities during the months of November and December 1957, and

cause areas to be used as impact and maneuver areas to be cleared of all

unauthorized persons. 13. The Philippine Government will designate 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. An officer of the Armed Forces of the

Philippines will be appointed to serve as Liaison Officer between the claimant and

United States Foreign Claims Commission.

H. H. S.

Embassy of the United States of America

Manila, November 1, 1957

II

THE PHILIPPINE DEPARTMENT OF FOREIGN AFFAIRS TO THE

AMERICAN EMBASSY REPUBLIC OF THE PHILIPPINES DEPARTMENT

OF FOREIGN AFFAIRS

No. 2891-57

AIDE-MEMOIRE

The Department of Foreign Affairs wishes to refer to the conference held in the

Headquarters of the Armed Forces of the Philippines on October 8 and 9, 1957,

between the representatives of the Commanding General, 3rd Marine Division,

U.S.M.C., Commander U.S. Naval Forces Philippines, and the representatives of the

Armed Forces of the Philippines for the purpose of working out an understanding

concerning the procedures for the filing, processing, adjudication and payment of

claims for damages that may be caused to civilians and their properties, and to

personnel and properties of the Philippine and United States Governments in

connection with the maneuvers and ground field training exercises to be conductedby the SEATO member nations within the vicinity of the Sta. Rosa Laur-Dingalan

Bay Area in November and December, 1957.

The discussions in said conference have resulted in a mutual understanding between

the two Governments, as follows:

[See aide-memoire I]

Manila, November 1, 1957 (Initialled) [illegible]