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March 24, 1948


TREATY OF AMITY BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF ECUADOR

Note: The Agreement was concurred in by the Senate, SIC. No. 55, May 20, 1948. It has not come into force because the exchange of ratification required by Article IX has not been fulfilled.

Reference: This Agreement is also published in II DFA TS, No. 1, p. 135.

The Republic of the Philippines and the Republic of Ecuador, animated by the desire to strengthen the friendly relations existing between them and to enhance the mutual interests of their peoples, have resolved to conclude a Treaty of Amity, and to that end, have appointed as their plenipotentiaries,

The President of the Philippines:
His Excellency ELPIDIO QUIRINO, Vice-President and
concurrently Secretary of Foreign Affairs,

and

The President of Ecuador:
His Excellency OTTO CARBO AVELLAN, Envoy Extraordinary
and Minister Plenipotentiary to the Philippines,

who, after communicating to each other their respective full powers, found in good and due form, have agreed upon the following articles:

ARTICLE I

There shall be between the Republic of the Philippines and the Republic of Ecuador, as likewise between their two peoples, perpetual peace and firm solidarity.

ARTICLE II

The High Contracting Parties shall settle by peaceful means any dispute or controversy of any nature whatsoever that may arise between them. Should any dispute or controversy not be possible of adjustment by ordinary diplomatic procedures, the High Contracting Parties shall submit the same to arbitration or judicial settlement. This undertaking shall not apply to disputes relative to matters which the Philippines or Ecuador may deem as essentially pertaining to their national competence. The High Contracting Parties hereby agree that in no case shall they adopt hostile measures.

ARTICLE III

Each High Contracting Party shall endeavor to accredit to the Other diplomatic representatives who, after having been recognized and accepted, shall enjoy during the term of their respective missions, on the basis of reciprocity, the rights, privileges and immunities generally recognized under international law and usage.

ARTICLE IV

Each of the High Contracting Parties shall have the power to designate in the territories of the Other at such places as may be mutually agreed upon, consuls-general, consuls, vice-consuls and consular agents acceptable to the Other, who shall enjoy in the exercise of their functions all the privileges and immunities accorded to their respective ranks in accordance with the generally recognized principles of international law and usage.

ARTICLE V

The nationals of the Philippines in Ecuador and the nationals of Ecuador in the Philippines shall enjoy on the basis of reciprocity and subject always to the respective Constitutions and to the police, security and other laws and regulations promulgated by each High Contracting Party, in the territories of the Philippines. on one hand, and in the territories of Ecuador, on the other, the right to acquire, possess and dispose of movable and immovable property, to establish and maintain schools of learning, as well as the privilege to reside, travel and engage in trade, industry and other peaceful and lawful pursuits.

ARTICLE VI

Each of the High Contracting Parties shall recognize the status of juridical persons legally constituted in the Other, and shall accord them the same rights that are enjoyed by other juridical persons established in its territory, subject to the laws and regulations in force therein.

ARTICLE VII

The High Contracting Parties agree to conclude in the future treaties on commerce and navigation, consular rights and privileges, patents and copyrights, and the validity of academic degrees and diplomas.

ARTICLE VIII

The High Contracting Parties shall ratify the present Treaty in accordance with their respective constitutional or fundamental procedures.

ARTICLE IX

The exchange of the instruments of ratification shall take place in Manila, Philippines. This treaty shall enter into force upon the exchange of ratifications and shall thereafter remain in force until terminated by one year's written notice.

IN WITNESS WHEREOF, the respective Plenipotentiaries have signed this Treaty and hereunto affixed their seals.

Done in Manila, Philippines, in duplicate, in English and Spanish languages, this 24th day of March, 1948.

 
For the Government of the Republic of the Philippines:
     
   
(Sgd.) ELPIDIO QUIRINO
   
Vice-President of the Philippinesand
   
concurrently Secretary of Foreign Affairs
   
 

For the Government of the United States of America:

     
   
(Sgd.) OTTO CARBO AVEIXAN
   
Envoy Extraordinary and Minister
   
Plenipotentiary to the Philippines
   
Republic of the Philippines


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