Supreme Court E-Library
Information At Your Fingertips

February 29, 1948

Note: The Agreement entered into force February 29, 1948.

Reference: This Agreement is also published in 185 UNTS, p. 374; 3 UST, p. 482 and TIAS 2406.

The American Ambassador to the Philippine Secretary of Foreign Affairs

EMBASSY OF THE UNITED STATES OF AMERICA

No. 910

February 19, 1948

Excellency:

With reference to the transfer to the Republic of the Philippines by our exchange of notes of October 12, 1947, as supplemented by my note No. 597 of January 2, 1948 and by Your Excellency's note of January 3, 1948, of all right and title to, and possession of, the United States military reservations known as Corregidor Island (including satellite islands and surrounding detached rocks) and as Pettit Barracks, the latter being situated in the municipality of Zamboanga, I have the honor to cite the following paragraph of my aforesaid note No. 115 of October 12, 1947:

"My Government requests that, in accepting right, title and possession of Pettit Barracks, the Government of the Philippines will agree to except that small plot which for some years has been used as a United States military cemetery, and whose boundaries shall at the earliest practicable moment be determined and marked by representatives of our respective Governments to be designated for the purpose, to the end that the said plot may remain in the free and unhampered possession of the Government of the United States of America for so long as the latter may choose to maintain it as a cemetery."

and numbered paragraph 3 of Your Excellency's note of October 12, 1947 agreeing:

"To grant to the Government of the United States of America continued use of the military cemetery plot in Pettit Barracks to be designated and marked by duly appointed representatives of our respective Governments under the same terms and conditions as apply to the United States Armed Forces Cemetery No. 2, San Francisco del Monte, Rizal, covered by the Agreement Concerning Military Bases signed at Manila on March 14, 1947."

I have the honor to inform Your Excellency that my Government now desires to withdraw the above-quoted paragraph of my note No. 115 of October 12, 1947 and thereby to include the said cemetery plot in the terms of the transfer to the Government of the Republic of the Philippines all right and title to, and possession of, the former military reservation known as Pettit Barracks, as effected by our exchange of notes, as set forth in the first paragraph hereof.

My Government has authorized me to inform Your Excellency that an acknowledgement of the receipt of the present note wherein it shall be stated that the Government of the Republic of the Philippines is agreeable to accepting the said United States military cemetery plot on the former Pettit Barracks reservation will be considered by the Government of the United States of America as constituting agreement to the transfer to the Government of the Republic of the Philippines, under the terms and conditions stated in my note No. 115 of October 12, 1947, of-all right and title to, and possession of, the said plot and as evidencing the full accomplishment of such transfer as of the date of Your Excellency's note.

Accept, Excellency, the renewed assurances of my highest consideration

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

Manila, February 29, 1948

Excellency:

I have the honor to acknowledge the receipt of Your Excellency's note No.
910, dated February 19, 1948, stating:

[See Note I]

I am authorized to express agreement with Your Excellency's note No. 910, dated February 19, 1948, as quoted hereinbefore, and to state on behalf of my Government that the said note, together with this reply thereto, is considered as having finally effected and formalized the transfer to the Government of the Republic of the Philippines as of the date hereof, under the stipulations and conditions of the exchange of notes of October 12, 1947, (Your Excellency's note No. 115 of October 12, 1947, and the note of my Government in reply thereto) of all right and title to, and possession of, the described United States military cemetery plot, thus completing the transfer to the Government of the Republic of the Philippines of the entire area of the former United States military reservation known as Pettit Barracks, situated in the municipality o£ Zamboanga.

Accept, Excellency, the renewed assurances of my highest consideration.

ELPIDIO QUIRINO

His Excellency EMMET O'NEAL
American Ambassador
United States Embassy
Manila