Supreme Court E-Library
Information At Your Fingertips

December 22, 1965

Note: The Agreement entered into force, December 22, 1965.

Manila, December 22, 1965

No. 46558

Excellency:

I have the honor to refer to your Excellency's note No. 501 dated December 22, 1965, which reads as follows:

I have the honor to your Excellency's note No. 501 dated December 22, 1965, which reads as follows:

"I have the honor to refer to the Military Bases Agreement of 1947 between the United States of America and the Republic of the Philippines and to the Memorandum of Agreement signed by Ambassador Bohlen and Secretary Serrano on August 14, 1959, concerning relinquishment by the United States to the Philippines of the use of certain base lands in the Philippines and the granting by the Philippines to the United States of the use of certain other areas, and to inform your Excellency that the United States proposes the conclusion with the Government of the Philippines of an agreement on the terms set forth in the Annex to this note.

"If the foregoing is acceptable to your Government, I have the honor to propose that this note with its Annex and your Excellency's reply indicating such acceptance shall constitute an agreement between our two Governments which will enter into force on the date of your Excellency's reply."

I have further the honor to inform your Excellency that the proposal of the United States Government is acceptable to the Government of the Republic of the Philippines and agrees that your Excellency's note above-quoted, with its Annex, and this note shall constitute an agreement between the two Governments on the matter effective December 22, 1965.

Accept, Excelllency, the assurances of my highest consideration.

(Sgd.) MAURO MENDEZ

His Excellency
WILLIAM MCCORMRCK, JR.
Ambassador Extraordinary and Plenipotentiary
of the United States of America
Manila

No, 501

I have the honor to refer to the Military Bases. Agreement of 1947 between the United States of America and the Republic of the Philippines and to the Memorandum of Agreement signed by Ambassador Bohlen and Secretary Serrano on August 14, 1959, concerning relinqtiishment by the United States to the Philippines of the use of certain base lands in the Philippines and granting by the Philippines to the United States of the use of certain other areas, and to inform Your Excellency that the United States proposes the conclusion with the Government of the Philippines of an agreement on the terms set forth in the Annex to this note.

If the foregoing is acceptable to your Government, I have the honor to propose that this note with its Annex and your Excellency's reply indicating such acceptance shall constitute an agreement between our two Governments which will enter into force on the date of your Excellency's reply.

(Sgd.) WILLIAM McCORMICK BLAIR, JR.

Annex

Terms of Agreement
on Certain Base Lands
Embassy of the United States of America,
Manila, December 22. 1965

ANNEX
1

In implementation of the August 14, 1959 Memorandum of Agreement concerning base lands, signed by Foreign Secretary Serrano and United States Ambassador Bohlen, and in accordance "with recent discussions between representatives of our two governments, the United States Government hereby relinquishes fo the Philippine Government any and all lights to the use of the following military reservations and land areas, except as specified:

A. Tawi-Tawi Naval Anchorage, Tawi-Tawi Bay, Tawi-Tawi Group, Sulu Archipelago.

B. Angeles General Depot, Municipality of Angeles, Province of Pampanga, Luzon,

C. Castillejos Coast Guard (No. 256 Loran Station, Municipality of Castillejos, Province of ZambsUes, Luzon.

D. Silang Station, Site No. 1, Province of Cavite, Luzon.

E. Baguio Naval Reservation, City of Baguio, Mountain Province, Luzon.

F. Floridablanca Air Base, Province of Pampanga, Luzon, subject to such combined United States-Philippines operational use as may be mutually agreed upon in light of military requirements as determined by the armed forces of both countries.

G. Puerto Princesa Army and Naval Air Base, Palawan, subject to such combined United States-Philippines operational use as may be mutually agreed upon in light of military requirements as determined by the armed forces of both countries.

H. Tawi-Tawi Naval Base, Tawi-Tawi and Sibutu Groups, Sulu Archipelago.

I. Leyte-Samar Naval Base, Samar, including shore installations and air-base.

J. Aircraft service warning net, except for existing radar stations on active United States Bases at Clark Field-Fort Stotsenberg Military Reservation and at Camp Wallace Air Station.

K. Aparri Naval Base, Municipality of Aparri, Province of Cagayan, subject to such combined United States-Philippines operaiiona] use as may be mutually agreed upon in light of military requirements as determined by the armed forces of both countries.

L. Mactan Island Army and Navy Air Base, Mactan Island, Cebu, subject to such combined United States-Philippines operational use as has been mutually agreed upon, as hereinafter described in Section III, paragraph D, and such combined use as may be mutually agreed upon in the future in liglu of military requirements as determined by the armed forces of both countries.

II

In further implementation of that memorandum, the United States Government hereby relinquishes to the Philippine Government any and all rights to the use of certain portions of the following military reservations, in accordance with the lines drawn on the attached numbered maps and in accordance with the provisos specified:

A. Mariveles Military Reservation, Bataan, Luzon, excepting therefrom the Bataan POI Terminal at Kitang Point, Limay, Province of Bataan, as per Map No. 1, attached. National Highway 7 shall be excluded from the Terminal Area, and will be under Philippine exclusive jurisdiction, administration and control, subject to access road utility and pipeline easements. The United States, however, will be permitted to maintain in its present position the fencing located on both sides of Highway 7 approximately fifty from the center line of the roadway. The Philippine Government will have its Bureau of Highways inspect the fencing along Highway 7 within the Terminal area to ascertain if there are any sections of the fence which for safety or other valid reasons they desire to have removed to the prescribed 20 meter distance from the highway center line.

With respect to the quarry site on the Mariveles Military Revation, the United States is granted the right to quarry pursuant to Article XXIV of the Military Bases Agreement of 1947 without further negotiation or permit, and with the understanding that the aforementioned quarry shall be used only for United States or Philippine Governmental purposes, and not for commercial purposes, in order to conserve quarry resources.

B. Of Camp Wallace Air Station, San Fernando, La Union (certain portions (as indicated on Map No. 2, attached) including the area in the vicinity of Poro Piers and an area to include the light house, subject to the provisions of the development grant agreement dated December 6, 1960 between the Government of the United States of America and the Government of the Philippines and Shipside, Incorporated, and provided that:

1. The Philippines agrees that any contract which may be hereinafter concluded granting commercial development rights to areas referred to above will contain a clause permitting take-over by the Philippine Government in event of military necessity and that the United States would have the opportunity to use the area on a combined basis with the Philippines;

2. The Philippines undertakes that the use of areas returned to the Philippines will not interfere with the Aircraft Control and Warning Station operations and Voice of America operations of the United State; and that any construction contemplated thereon shall be the subject of prior engineering consultation between the two governments;

3. The Philippines agrees to provide to the United States and without cost to the United States the existing pipeline and right of way therefore from that portion of Camp Wallace retained through the area relinquished to Poro Pier No, 2, and on top of the north side of said pier out three hundred and fifty feet, said pipeline being identified by a ten-foot white band at the pier end of the pipe with the letters VOA on the band in black paint; and

4. The Philippines grants to the United States the right to use any access road in an easterly direction from the boundary line of Camp Wallace.

C. Talampulan Coast Guard Loran Station, Talampuian Island, Palawan, except the area indicated on Map No. 3, attached.

D. Of the United States Naval Reservation, Subic Bay, Zambales, two parcels of land known as Manga Beach and Makinaya Beach, with boundaries as shown and described on Map No. 4, attached.

E. Tarumpitao Point (Loran Master Transmitter Station), Palawan, except the area indicated on Map No. 5, attached.

F. Of Clark Air Force Base Military Reservation, three parcels of land designated as Zones E, F, and G, as described in Map No. 6, attached.

III

It is further agreed in accordance with the Memorandum of Agreement of August 14, 1959:

A. That the Philippines will make available to the United States as integral parts of its military bases system:

1. An area to the east of the United States Naval Base, Subic Bay, Zambales, to extend said base to include the Mt. Santa Rita Relay Station as indicated on Map No. 4, attached;

2. Certain small areas on or adjacent to Sangley Point, Cavite, to be reclaimed, as indicated on Map No, 7, attached.

B. That the Philippines will continue to make available for use by the United States in accordance with Article III of the Military Bases Agreement of 1947 a seadrome area and a water control area in the vicinity of Sangley Point, Cavite, as indicated on Map No. 7, attached.

IV

It is further agreed in accordance with the Memorandum of Agreement and subsequent discussions between representatives of both governments that the Philippines will continue to make available to the Armed Forces of the United States the following areas on a combined use basis:

A. Nazasa Bay —- Tabones Island impact area.

B. Caballo Corregidor — practice mining area.

C. Southwest Zambales — troop training area.

D. The Philippine air base at Mactan Island, Cebu, in accordance with the existing understandings between the two governments to relieve congestion at other bases, and for other required operational uses under terms and conditions which may be mutually agreed upon by the armed forces of the two countries.

The use of the Philippine base at Mactan by the armed forces of the United States shall be covered by the relevant provisions of the Philippine-United States Military Bases Agreement.

V

It is further agreed that the five United States Coast Guard Loran Stations at the locations set forth below will be used, administered, and operated by the United States pending the readiness of the Philippines to take over, administer, and operate the entire Luzon system in the Philippines:

Batan Island, Batanes
Naulo Point, Santa Cruz, Zambales
Panay Island, Catanduanes
Talampulan Island, Palawan
Tarumpitao Point, Palawan

VI

With respect to the areas the use of which is hereby relinquished to it, the Government of the Philippines will hold the Government of the United States harmless against any claims which may arise from their use by others than the Government of the United States, except for ihose meritorious claims paid by the United States.

Attachments:

Map No, 1 — Areas at Mariveles Military Reservation

Map No. 2 — Areas at Camp Wallace

Map No. 3 — Areas at Talampulan Coast Guard Loran Station

Map No. 4 — Areas at Subic Bay Naval Base

Map No. 5 — Areas at Tarumpitao Point Coast Guard Station

Map No. 6 — Areas at Clark Air Base Military Reservations.

(Zones E, F, and G)

Map No. 7 — Areas at Sangley Point Naval Station