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April 18, 1947
TREATY OF AMITY BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE REPUBLIC OF CHINA
Note: The Agreement was concurred in by the Senate, S.R. No. 32, May 15, 1947. The Philippine instrument of ratification was signed by the President, September 2, 1947. It entered into force, October 24, 1947 upon the exchange of ratifications of the Parties. It was proclaimed by the President, Proc. No. 109, s. 1955.
Reference: The Agreement is also published in I DFA TS No. 2, p. 168 and 11 UNTS, p. 361. The Presidential proclamation of the Agreement is published in 51 O. G., p. 598.
The Republic of the Philippines and the Republic of China, animated by the desire to strengthen and perpetuate the friendly relations so happily existing between them, have resolved to conclude a Treaty of Amity and to that end have agreed upon the following articles:
ARTICLE I
There shall be perpetual peace and everlasting amity between the Republic of the Philippines and the Republic of China and their peoples.
ARTICLE II
Should any dispute arise between the two High Contracting Parties which cannot satisfactorily be adjusted by diplomacy, or through mediation or arbitration, the Parties shall not use force for settlement, but shall refer the dispute to the International Court of Justice for final adjudication.
ARTICLE III
Each of the High Contracting Parties shall have the right to send to, and receive from, the Other, diplomatic representatives. Such diplomatic representatives shall enjoy in the territories of the Other the rights, privileges, exemptions and immunities accorded under generally recognized principles of international law and usage.
ARTICLE IV
Each of the High Contracting Parties shall have the right to send to, and receive from, the Other, Consuls-General, Consuls, Vice-Consuls and Consular Agents, who, being duly provided with exequatur, shall be permitted to reside in the territories of the Other in such places as may be agreed upon by the High Contracting Parties. Such consular representatives shall exercise their functions and enjoy the privileges and immunities accorded to officers of their status and rank in accordance with the generally accepted principles of international law and usage.
ARTICLE V
The nationals of each of the High Contracting Parties shall be at liberty to enter or leave, to travel or reside in the territories of the Other upon the same terms as the national of any third country in accordance with the laws and regulations of the Other.
ARTICLE VI
The nationals of each of the High Contracting Parties shall be accorded, in the territories of the Other, the liberty to establish schools for the education of their children, and shall enjoy freedom o£ peaceful assembly and association, of publication, of worship and religion, of burial and building cemeteries, upon the same terms as the nationals of any third country in accordance with the laws and regulations of the Other.
The nationals of each of the High Contracting Parties shall have the right to acquire, inherit, possess, lease, occupy and dispose of by sale, testament, donation or otherwise, any kind of movable or immovable property and to engage in trade and other peaceful and lawful pursuits throughout the whole extent of the territories of the Other upon the same terms as the nationals of any other country in accordance with the constitution, laws and regulations of the Other.
ARTICLE VII
The nationals of each of the High Contracting Parties shall be accorded in the territories of the Other, the same treatment with respect to the protection and security of their persons and property as is accorded to the nationals of the Other.
The nationals of each of the High Contracting Parties shall receive in the territories of the Other in regard to all legal proceedings and in matters relating to the administration of justice and the levying of taxes treatment no less favorable than that accorded to the nationals of the Other.
ARTICLE VIII
The High Contracting Parties agree to conclude as soon as practicable a Treaty of Commerce and Navigation.
ARTICLE IX
The stipulations of this Treaty do not extend to advantages which are now accorded or which may hereafter be accorded by the Republic of the Philippines to the United Slates of America or its nationals.
ARTICLE X
The High Contracting Parties shall ratify this treaty in conformity with their respective constitutional procedures, and it shall enter into force on the day on which the exchange of ratifications takes place. The instruments of ratification shall be exchanged in the City of Manila, Philippines.
In faith whereof, the Plenipotentiaries of the High Contracting Parties have signed this present Treaty and have hereunto affixed their seals.
Done in duplicate in the English and Chinese languages, both texts being authoritative, in the City of Manila, Republic of the Philippines, this eighteenth day of April in the year one thousand nine hundred and forty-seven, Anno Domini, and of the Independence of the Philippines the first, corresponding to the eighteenth day of the fourth month of the thirty-sixth year of the Republic of China.
AGREED MINUTES
At the last meeting during the negotiation of the Treaty of Amity between the Republic of the Philippines and the Republic of China on April 18, 1947, His Excellency Elpidio Quirino, Vice-President of the Philippines and concurrently Secretary of Foreign Affairs and His Excellency Chen Chih-Ping, Envoy Extra-ordinary and Minister Plenipotentiary of the Republic of China to the Republic of the Philippines, have come to the following understanding:
Vice-President Quirino stated that the Philippine Government interprets paragraph 2, Article VII, of said Treaty as excluding from its scope alien registration and immigration fees and similar fees levied upon all aliens, and that, under said provisions of the Treaty, the nationals of either country shall receive, only with respect to taxes applicable to both Filipino and Chinese nationals, treatment no less favorable than that accorded to the nationals of the other. He therefore suggested an exchange of notes confirming this interpretation.
Minister Chen replied that since alien registration and immigration fees, etc. are by nature not leviable upon either one's own nationals, it is believed that the suggested exchange of notes for the confirmation of this interpretation is unnecessary.
Vice-President Quirino also stated that the Philippine Government interprets the term "nationals" used in Article IX of the Treaty as including corporations and associations of the United States of America.
Minister Chen agreed that the term "nationals" under reference includes corporations and associations of the United States of America.
Signed at Manila, Philippines, this 18th day of April, 1947, the first year of the Republic of the Philippines, corresponding to the 18th day of the 4th month of the 36th year of the Republic of China.