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October 28, 1955

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 Naval authorities, 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