Treaty (15 May 1958)

May 15, 1958

EXCHANGE OF NOTES CONSTITUTING AN AGREEMENT

BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE

UNITED STATES OF AMI-RICA RELATING TO THE

ESTABLISHMENT OF A MUTUAL DEFENSE BOARD AND

THE ASSIGNMENT OF MILITARY LIAISON OFFICERS

Note: The Agreement entered Into force, May 15, 1958.

Reference: This Agreement is also published in 316 UNTS, p. 163.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE ACTING

SECRETARY FOR FOREIGN AFFAIRS

Manila, May 15, 1958

No. 1152 .

Excellency:

I have the honor to refer to discussions which have recently taken piacu concerning

the mutual desire of the Government of the Republic of the Philippines and the

Government of the United States to develop measures or arrangements which would

enable the two Governments, through liaison and consultation on military matters of

mutual concern by their appropriate military representatives, to carry out more

effectively the specified purposes and objectives of the security and defense

agreements which have been entered into between the two countries and thereby

improve and enhance their common defense; and to confirm the understandings

reached as a result of those discussions, as follows:

1) There is established under the Philippine-United States Council of Foreign

Ministers provided by the Mutual Defense Treaty a permanent Philippine-United

States Mutual Defense Board with terms of reference as set forth in Annex A, which

is made an integral part of this agreement; and

2) There shall be assigned a Philippine Military Liaison Officer to the staff of the

Base Commander of major military bases used by the United States and the Liaison

Officer shall have terms of reference as set forth in Annex B, which is made an

integral part of this agreement. If the foregoing is acceptable to Your Excellency's

Government, I have the honor to propose that this note and Your Excellency's reply

indicating concurrence shall constitute an agreement between our two Governments

on this matter. Accept, Excellency, the renewed assurances of my highest

consideration.

CHARLES E. BOHLEN

Enclosures:1. Annex A—Philippine United States Mutual Defense Board;

2. Annex B—Philippine Military Liaison Officer.

His ExcellencyFELIXBERTO M. SERRANO

Acting Secretary for Foreign Affairs

ANNEX A

PHILIPPINE-UNITED STATES MUTUAL DEFENSE BOARD

1. Establishment of the Board

In consonance with the mutual desire of the Government of the Republic of the

Philippines and the Government of the United States to implement more effectively

certain provisions of existing defense agreements between the two countries there is

hereby established under the Philippine-United States Council of Foreign Ministers

a permanent Philippine-United States Mutual Defense Board with headquarters at

Manila. The Board shall report to the Council through the latter's military

representatives.

2. Purpose

The purpose of this Board is to provide continuing intergovernmental machinery for

direct liaison and consultation between appropriate Philippine and United States

authorities on military matters of mutual concern so as to develop and improve,

through continuing military cooperation, the common defense of the two sovereign

countries.

3. Composition of the Board

a. The Board shall be composed of:

(1) For the Philippines:

(a) Co-chairman of the Board: The Chief of Staff, the Armed Forces of

the Philippines, or a Flag or General Officer designated by him.

(b) Members of the Board: Chief, Philippine Constabulary; Commanding

General, Philippine Army; Commanding General, Philippine Air Force;

and Flag Officer in Command, Philippine Navy of the Armed Forces of

the Philippines.

(2) For the United States:

(a) Co-chairman of the Board: The United States Military Representative

of the Council, or a Flag or General Officer designated by him.

(b) Members of the Board: The senior United States Service

representatives of the Army, Navy and Air Force on duty in the

Philippines and, if not already represented, the Chief, Joint United States

Military Advisory Group.b. The Board and the members' thereof may be assisted by such staff,

military or civilian, as they consider appropriate.

4. Terms of Reference

The terms of reference of the Board shall be to consider, and by agreement between

the Co-chairmen, to decide on matters within its competence as may be established

by agreed policies and procedures, or when necessary, to recommend to their

respective Governments how best to resolve in the mutual interest of the two

sovereign countries such problems as may arise in connection with:

a. Working relationships with regard to specific matters enumerated in or

arising under the Military Bases Agreement of 1947 which call for joint

consultation and co-operation and/or such other matters as the

Philippine-United States Council of Foreign Ministers or their Military

Representatives may direct the Board to consider.

b. The preparation of joint outlined plans for the development of a

system of defensive military bases in the Philippines as provided in

Article II, paragraph 2 of the Military Bases Agreement of 1947.

c. The correlation, in accordance with existing laws and policies of the

respective Governments, of military matters of mutual concern which

arise from the operation of the Philippine-United States Mutual Defense

Treaty, the Military Bases Agreement and the Military Assistance

Agreement.

5. Frequency of Meetings

The Board shall meet at the call of either Co-chairman, but in any event regular

meetings will be held at least once a month.

6. Conduct of Meetings

All meetings of the Board shall be held in executive session. The release of

information concerning the decisions or activities of the Board shall be as mutually

agreed upon by the Co-chairmen of the Board.

7. Joint Military Secretariat

The Joint Military Secretariat of the Board will be composed of such number of

Philippine and United States personnel as may be mutually agreed upon by the

Mutual Defense Board and will perform such specific duties as may be directed by

the Board. The provision of necessary clerical and administrative support shall be

arranged by the Board.

8. Offices of the Board

The Philippine Government shall provide suitable offices for the Board, The office

of the Joint Military Secretariat, with the permanent records of the Board will be

maintained in these offices.

ANNEX B PHILIPPINE MILITARY LIAISON OFFICER1. Assignment and Selection

A Philippine Military Liaison Officer shall be assigned to the staff of the Base

Commander of the United States Naval Station, Sangley Point; United States Naval

Base, Subic Bay; Clark Air Base; and such other major military bases used by the

United States as may be mutually agreed by the Philippine-United States Mutual

Defense Board. These officers shall be designated by the Chief of Staff, Armed

Forces of the Philippines, and assigned by the Philippine-United States Mutual

Defense Board to the United States Base Commander concerned. As Philippine

military officers, they will continue to be under the administration of the Philippine

Co-chairman of the Board.

2. Duties of the Philippine Military Liaison Officer Assigned to the Staff of the

United States Base Commander

He will:

a. Establish a Military Liaison Office for the performance of normal

liaison with the Base Commander.

b. Cooperate with the Base Commander by advice, suggestion and/or

other appropriate action to assure observance of Philippine law and

regulations within the base.

c. Advise the Base Commander concerning problems involving

Philippine nationals and residents on the base, and the day-to-day

relationships between the Base Commander and such nationals and

residents.

d. Be the point of contact between the officials of the national,

provincial, and municipal agencies and the base authorities to facilitate

the performance of specific tasks of such agencies in the implementation

of Philippine laws and regulations within the base.

e. Assist the Base Commander, as appropriate, in implementing actions

of the Philippine-United States Mutual Defense Board.

f. Perform such other liaison duties as may be assigned to him by the

Philippine-United States Mutual Defense Board.

g. Promote close cooperation, understanding, and harmonious

relationships among all concerned.

3. Qualifications of the Philippine Military Liaison Officer

His qualifications and grade shall be left to the determination of the Philippine-

United States Mutual Defense Board.

4. Reports

The Philippine Military Liaison Officer will submit such reports as may be required

by the Philippine-United States Mutual Defense Board through the Joint Military

Secretariat of that Board, furnishing copies thereof to the Base Commander.5. Administrative Support

The United States Base Commander will:

a. Provide a suitable office for the Philippine Military Liaison Officer on

the Base.

b. Provide the Philippine Military Liaison Officer with appropriate

clerical and administrative support, to include quarters.

II

THE PHILIPPINE ACTING SECRETARY FOR FOREIGN AFFAIRS TO

THE AMERICAN AMBASSADOR REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF FOREIGN AFFAIRS

No. 1397-58

Manila, May 15, 1958

Excellency:

I have the honor to acknowledge the receipt of your note No. 1152 of May 15th,

1958 making reference to discussions which have recently taken place concerning

the mutual desire of the Government of the Republic of the Philippines and the

Government of the United States of America to develop measures or arrangements

which would enable the two Governments, through liaison and consultation on

military matters o£ mutual concern by their appropriate military representatives, to

carry out more effectively the specified purposes and objectives of the security and

defense agreements which have been entered into between our two countries and

thereby improve and enhance their common defense, and proposing that an

agreement be made confirming the understandings reached as a result of those

discussions, as follows:

[See note I]

I have the honor to state that the Government of the Republic of the Philippines approves the provisions or terms of reference set forth in the documents annexed to Your Excellency's note and marked as "Annex A" and "Annex B", respectively, and agrees that your note and its enclosures, together with this reply, shall be regarded as constituting an agreement between our two Governments on this matter. I avail myself of this oppurtunity to renew to Your Excellency the assurances of my highest consideration.

FELIXBERTO M. SERRANO

Acting Secretary His Excellency CHARLES E. BOHLEN American Ambassador ManilaSource: Supreme Court E-Library