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December 18, 1947

Note: The Agreement entered into force, December 19, 1947.

Reference: This Agreement is also published in 185 UNTS, p. 352; 3 UST, p. 468 and TIAS 2406.

I

THE AMERICAN AMBASSADOR TO THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS

EMBASSY OF THE UNITED STATES OF AMERICA

No. 526

December 18, 1947

Excellency:

I have the honor to refer to the Act of Congress of the United States of America approved March 24, 1934, more commonly referred to as the Philippine Independence Act; to the Joint Resolution of the Congress of the United States of America, approved June 29, 1944 (Public Law No. 380, 78th Congress), which authorized the President of the United States to withhold or to acquire or to retain such bases as he might deem necessary for the mutual protection of the United States of America and of the Philippines; to the Joint Resolution No. 4 of the Congress of the Philippines, approved July 28, 1945, which authorized the President of the Philippines to enter into negotiations for the establishment of such bases; to the Act of the Congress of the United States of America, approved July 3, 1946 (Public Law No. 485, 79th Congress), more commonly known as the Philippine Property Act; to the Treaty of General Relations (including the Protocol thereto) between the United States of America and the Republic of the Philippines, signed at Manila on July 4, 1946, to the Agreement Between the United States and the Republic of the Philippines Concerning Military Bases, signed at Manila on March 14, 1947, to Executive Order No. 4112 of the President of the United States dated December 16, 1924 which, in enlarging the Mariveles Military Reservation, omitted to exclude therefrom the area which had come to be regarded as having been reserved for the Mariveles Quarantine Station; and to other legislation, Public Acts and Executive Orders of the United States of America and of the Republic of the Philippines which may be pertinent to the transfer to the latter following the Proclamation of Philippine Independence of certain United States military bases the right to the retention of the use of which, or portions of which, under the aforesaid Agreement Concerning Military Bases it has been determined to relinquish, or of other United States real property situated in the Republic of the Philippines which has not otherwise been reserved, encumbered or disposed of, and to inform Your Excellency that, in accordance with the authority or undertakings contained in the aforesaid Acts, Resolutions and Agreement, the Government of the United States transfers to the Government of the Republic of the Philippines all right or title to, or interest in, that portion of the Mariveles Military Reservation (including installations thereon) which has commonly come to be known as the Mariveles Quarantine Reservation (Station), being that area situated on the promontory between Mariveles Bay and the South China Sea, Province of Bataan, as described by metes and bounds in a letter of the Acting Secretary of War to the President of the United States dated April 28, 1904, approved by endorsement of the President dated April 29, 1904. The said letter and endorsement are set forth as Annex I of the present note; Annex II, a map entitled "Mariveles Quarantine Station", scale 1 to 10,000, prepared by the Planning Division, Manila Engineer District, Corps of Engineers, United States Army, on November 5, 1947, is a cartographic representation of the area described by metes and bounds in Annex I.

As a consideration of the transfer of the aforementioned property, the United States requests that the Republic of the Philippines remise, release, forever discharge and agree by specific undertaking to hold harmless and free the United States of America, its agents, and its nationals from any and all manner of liability, actions, and claims against them which the Republic of the Philippines or any real or artificial person therein may ever have or any cause arising directly or indirectly out of the ownership or occupancy thereof by the United States of America.

My Government further requests that, in accepting right, title and possession of the aforesaid property, Your Excellency's Government give assurance that the United States Public Health Service, while engaged in activities in the Philippines by agreement with the Philippine Government, may use, rent free, for official purposes such space within the said property as may be necessary for the proper performance o£ its duties and as may be selected by mutual agreement between the United States Public Health Services and the competent Philippine authorities.

I am authorized by my Government to inform Your Excellency that an acknowledgment of this note containing the assurances of the Philippine Government that the terms and conditions hereinbefore set forth are acceptable and acceding to the requests made in the paragraphs immediately preceding will be considered by the Government of the United States of America as constituting an agreement for the transfer to the Government of the Republic of the Philippines of all right and title to, and possession of, that portion of the Mariveles Military Reservation which has commonly come to be known as the Mariveles Quarantine Reservation (Station) and as evidence that such transfer has, on the date of Your Excellency's note of such acknowledgment, been fully accomplished.

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

EMMET O'NEAL

His Excellency ELPIDIO QUIRINO
Secretary of Foreign Affairs of the
Republic of the Philippines

ANNEX I TO NOTE NO. 526 OF DECEMBER 18, 1947, OF THE AMBASSADOR OF THE UNITED STATES OF AMERICA TO THE SECRETARY OF FOREIGN AFFAIRS OF THE REPUBLIC OF THE PHILIPPINES

WAR DEPARTMENT

Washington, April 28, 1904

By Executive order, dated March 14, 1904, published in General Orders, No. 56, War Department, March 25, 1904, the military reservation, made by Executive order of April 11, 1902, on the north side of the entrance to Manila Bay, in the province of Bataan, Luzon (the Mariveles Reservation), was reduced so as to exclude, inter alia, the lands occupied by the Treasury Department for quarantine purposes. The Secretary of the Treasury was advised of this reduction, and in accompanying letter, dated April 22, 1904, he requests that such action be taken as may be necessary to secure the lands hereinafter described for the use of a quarantine station under the Treasury Department.

I have the honor, therefore, to recommend the reservation for the Mariveles Quarantine Station, situated on the north side of the entrance to Manila Bay, in the province of Bataan, Luzon, of all lands included within boundaries described as follows, viz:

"Beginning at a point on the low-water line of Mariveles Bay, on prolongation of the northeastern boundary line of quarantine station, as now enclosed by barbed-wire fence, and running thence north 72°05' west a distance of 185 feet more or less to the northeastern corner of said wire fence; thence along said wire fence north 72°05' west a distance of 187 feet to corner; thence along fence north 36°23' west a distance of 166.67 feet to corner; thence along fence south 30°07' west a distance of 106.25 feet to corner; thence along fence south 71°07' west a distance of 90.58 feet to corner; thence along fence south 21°07' west a distance of 644.1 feet to corner; thence along fence south 20°29' east a distance of 71.75 feet to corner; thence north 88°07l east a distance of 29.25 feet to a stake set 3.33 feet from wire fence; thence due south across Pucot River and peninsula to a point at low-water on the China Sea; thence along said low-water line in a general southeasterly direction to Cochinos Point; thence in a general north westerly direction along low-water line of Mariveles Bay to mouth of Pucot River; thence across mouth of said river and along low-water line of Mariveles Bay in a general northerly direction to point of starting."

There is also reserved for the quarantine station the water rights for the maintenance of the present pipe and reservoir which furnish fresh water to said station, with perpetual easement over lands not included in the quarantine or military reservation for their maintenance and repair, so far as such rights do not pertain to the reduced military reservation.

II

THE PHILIPPINE SECRETARY OF FOREIGN AFFAIRS TO THE AMERICAN AMBASSADOR

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS

Manila, December 19, 1947

Excellency:

I have the honor to acknowledge the receipt of your note No. 526 of December 18, 1947, reading as follows:

[See note I]

In reply I have the honor to inform you that my Government hereby accepts the aforesaid transfer of the portion of the Mariveles Military Reservation commonly known as the Mariveles Quarantine Reservation (Station) as a formalization of the transfer and surrender of possession, supervision, control or sovereignty over that area already made by the United States of America in favor of the Republic of the Philippines in the Treaty of General Relations (including the Protocol thereto) between the Republic of the Philippines and the United States of America, signed July 4, 1946, and agrees:

1. To remise, release, forever discharge and agree by specific undertaking to hold harmless and free the United States of America, its agents, and its nationals from any and all manner of liability, actions and claims against them which the Republic of the Philippines or any real or artificial person therein may ever have for any cause arising directly or indirectly out of the ownership or occupancy by the United States of America of that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station);

2. To permit the United States Public Health Service to use, rent free, such space within the aforesaid area as may be needed for official purposes and as may be selected by mutual agreement of the competent officers of the respective Governments for so long as that Service may be engaged in activities in the Philippines with the consent of the Government of the Republic of the Philippines.

I am authorized to inform you that the Government of the Republic of the Philippines considers your note No. 526 of December 18, 1947, and this reply as the transfer to the Government of the Republic of the Philippines of all right and title to, and possession of, that portion of the Mariveles Military Reservation which is commonly known as the Mariveles Quarantine Reservation (Station) and as recording the fact that such transfer has on this 19th day of December, 1947, been fully accomplished.

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

ELPIDIO QUIRINO

His Excellency EMMET O'NEAL
Ambassador of the United States of America
Manila