Supreme Court E-Library
Information At Your Fingertips

Source: www.officialgazette.gov.ph

[ PROCLAMATION NO. 11, October 22, 1946 ]

MAKING PUBLIC THE TREATY OF GENERAL RELATIONS BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES OF AMERICA.

WHEREAS, a treaty of general relations between the Republic of the Philippines and the United States of America and a protocol to accompany that treaty were signed at Manila, Philippines, on the fourth day of July, one thousand nine hundred and forty-six, the originals of which treaty and protocol are word for word as follows:

TREATY OF GENERAL RELATIONS BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES OF AMERICA.

The Republic of the Philippines and the United States of America, being animated by the desire to cement the relations of close and long friendship existing between the two countries, and to provide for the recognition of the independence of the Republic of the Philippines as of July 4, 1946, and the relinquishment of American sovereignty over the Philippine Islands, have agreed upon the following articles:

ARTICLE I

The United States of America agrees to withdraw and surrender, and does hereby withdraw and surrender, all rights of possession, supervision, jurisdiction, control or sovereignty existing and exercised by the United States of America in and over the territory and the people of the Philippine Islands, except the use of such bases, necessary appurtenances to such bases, and the rights incident thereto, as the United States of America, by agreement with the Republic of the  Philippines may deem necessary to retain for the mutual protection of the Republic of the Philippines and of the United States of America. The United States of America further agrees to recognize, and does hereby recognize, the independence of the Republic of the Philippines as a separate self governing nation and to acknowledge, and does hereby acknowledge, the authority and control over the same of the Government instituted by the people thereof, under the Constitution of the Republic of the Philippines.

ARTICLE II

The diplomatic representatives of each country shall enjoy in the territories of the other the privileges and immunities derived from generally recognized international law and usage. The consular representatives of each country, duly provided with exequatur, will be permitted to reside in the territories of the other in the places wherein consular representatives are by local laws permitted to reside; they shall enjoy the honorary privileges and the immunities accorded to such officers by general international usage; and they shall not be treated in a manner less favorable than similar officers of any other foreign country.

ARTICLE III

Pending the final establishment of the requisite Philippine Foreign Service establishments abroad, the Republic of the Philippines and the United States of America agrees that at the request of the Republic of the Philippines the United States of America will endeavor, in so far as it may be practicable, to represent through its Foreign Service the interests of the Republic of the Philippines in countries where there is no Philippine representation. The two countries further agree that any such arrangements are to be subject to termination when in the judgment of either country such arrangements are no longer necessary.

ARTICLE IV

The Republic of the Philippines agrees to assume, and does hereby assume, all the debts and liabilities of the Philippine Islands, its provinces, cities, municipalities and instrumentalities, which shall be valid and subsisting on the date hereof. The Republic of the Philippines will make adequate provision for the necessary funds for the payment of interest on and principal of bonds issued prior to May 1, 1934, under authority of an Act of Congress of the United States of America by the Philippine Islands, or any provinces, city or municipality therein, and such obligations shall be a first lien on the taxes collected in the Philippines.

ARTICLE V

The Republic of the Philippines and the United States of America agree that all cases at law concerning the Government and people of the Philippines which, in accordance with section 7 (6) of the Independence Act of 1934, are pending before the Supreme Court of the United States of America at the date of the granting of the independence of the Republic of the Philippines shall continue to be subject to the review of the Supreme Court of the United States of America for such period of time after  independence as may be necessary to effectuate the disposition of the cases at hand. The contracting parties also agree that following the disposition of such cases the Supreme Court of the United States of America will cease to have the right of review of cases originating in the Philippine Islands.

ARTICLE VI

In so far as they are not covered by existing legislation, all claims of the Government of the United States of America or its nationals against the Government of the Republic of the Philippines and all claims of the Government of the Republic of the Philippines and its nationals against the Government of the United States of America, shall be promptly adjusted and settled. The property rights of the Republic of the Philippines and the United States of America, shall be promptly adjusted and settled by mutual agreement, and all existing property rights of the citizens and corporations of the Republic of the Philippines in the United States of America and of citizens and corporations of the United States of America in the Republic of the Philippines shall be acknowledged, respected and safeguarded to the same extent as property rights of citizens and corporations of the United States of America and of the Republic of the Philippines, respectively. Both Governments shall designate representatives who may in concert agree on measures best calculated to effect a satisfactory and expeditious disposal of such claims as may not be covered by existing legislation.

ARTICLE VII

The Republic of the Philippines agrees to assume all continuing obligations assumed by the United States of America under the Treaty of Paris between the United States of America and Spain concluded at Paris on the 10^th of December, 1898, by which the Philippine Islands were ceded to the United States of America, and under the Treaty between the United States of America and Spain conclude at Washington on the 7^th day of November, 1900.

ARTICLE VIII

This Treaty shall enter into force on the exchange of instruments of ratification.

This Treaty shall be submitted for ratification in accordance with the constitutional procedures of the Republic of the Philippines and of the United States of America and instruments of ratification shall be exchanged and deposited at Manila.

Signed at Manila, this fourth day of July, one thousand nine hundred and forty-six.

For the Government of the Republic of the Philippines:

(SGD.) MANUEL ROXAS

For the Government of the United States of America:

(Sgd.) PAUL V. McNUTT

PROTOCOL TO ACCOMPANY THE TREATY OF GENERAL RELATIONS BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE UNITED STATES OF AMERICA SIGNED AT MANILA ON THE FOURTH DAY OF JULY, 1946.

It is understood and agreed by the High Contracting Parties that this Treaty is for the purpose of recognizing the independence of the Republic of the Philippines and for the maintenance of close and harmonious relations between the two Governments.

It is understood and agreed that this Treaty does not attempt to regulate the details of arrangements between the two Governments for their mutual defense; for the establishment, termination or regulation of the rights and duties of the two countries, each with respect to the other, in the settlement of claims, as to the ownership or control of real or personal property, or as to the carrying out of provisions of law of either country; or for the settlement of rights or claims of citizens or corporations of either country with respect to or against the other.

It is understood and agreed that the conclusion and entrance into force of this Treaty is not exclusive of further treaties and executive agreements providing for the specific regulation of matters broadly covered herein.

It is understood and agreed that pending final ratification of this Treaty, the provisions of Articles II and III shall be observed by executive agreement.

Signed at Manila, this fourth day of July, one thousand nine hundred and forty-six.

For the Government of the Republic of the Philippines:

(Sgd.) MANUEL ROXAS

For the Government of the United Stat of America:

(Sgd.) PAUL V. McNUTT

 

WHEREAS the Senate of the Republic of the Philippines by its Resolution No. 11, of August 9, 1946, did concur in the approval of the said Treaty and protocol in accordance with the Constitution of the Philippines;

WHEREAS the said Treaty and protocol have been duly ratified by the President of the Philippines in pursuance of the aforesaid concurrence of the Senate of the Republic of the Philippines;

WHEREAS the said treaty and protocol have been duly ratified on behalf of the Government of the United States of America:

AND WHEREAS, the instruments of ratification of the said treaty and protocol of the two Governments were exchanged at Manila, Philippines, on the twenty-second of October, one thousand nine hundred and forty-six;

NOW, THEREFORE, be it known that I, Manuel Roxas, President of the Philippines, do hereby proclaim and make public the said treaty of general relations and accompanying protocol to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the Republic of the Philippines and the citizens thereof.

IN WITNESS WHEREOF, I, have hereunto set my hand and caused the Seal of the Republic of the Philippines to be affixed.

Done at the City of Manila, Philippines, this 22^nd day of October, in the year of Our Lord, nineteen hundred and forty-six, and of the Independence of the Philippines, the first.

(Sgd.) MANUEL ROXAS

President of the Philippines

By the President:

(Sgd.) EMILIO ABELLO

Chief of the Executive Office