PROCLAMATION NO. 264, July 09, 1951

TERMINATING THE STATE OF WAR WITH GERMANY

Presidential Proclamations July 9, 1951



WHEREAS, on December 11, 1941 the United States
of America declared that a state of war existed between the United States and
Germany;

WHEREAS, by virtue of the relationship existing
between the Commonwealth of the Philippines and the United States of America
the Philippines acquired a belligerent status at the moment the state of war
was declared between the United States and Germany;

WHEREAS, before December 11, 1941, the Philippine
Army was inducted into the service of the Armed Forces of the United States of
America;

WHEREAS, on June 14, 1942, the Philippines became
a signatory to the Declaration by the United Nations, otherwise known as the
Allied War Pact, and thereby pledged to employ its full resources, military or
economic, against the common enemies and promised not to make separate peace or
armistice with any of them;

WHEREAS, the three Western Occupying Powers,
namely, the United States, the United Kingdom and France agreed in September,
1950 to proceed with domestic measures required to terminate the state of war
with Germany and expressed the hope that other countries will take similar
action;

WHEREAS, the aforementioned occupying Powers have
‘suggested that the Philippine Government, if it is still at war with Germany
and agrees to the desirability of terminating the state of war with that
country, might wish to coordinate its timing of such action with those of the
three occupying Powers;

WHEREAS, the three occupying Powers, in agreeing
to proceed with domestic measures to terminate the state of war between
themselves and Germany have assumed that:

(1) Neither the Occupation nor the supreme
authority in Germany of the occupying Powers is dependent upon the continuance
of a state of war; their status in Germany rests upon the complete defeat of
Germany and the assumption of supreme authority rather than upon the rights of
belligerents occupying enemy territory in time of war;

(2) Termination of a state of war should not be
given a form such that it might be interpreted as a separate peace settlement
with Western Germany; termination by domestic action in no way prejudices a
peace settlement;

(3) Domestic measures by France, the United
States and the United Kingdom terminating a state of war will apply to the
whole of Germany and to all German nationals.

WHEREAS, recent developments in world affairs
have made it desirable that the state of war with Germany should be terminated
in order to integrate the German people into the community of the peace-loving
peoples of the world;

NOW, THEREFORE, I, Elpidio Quirino, President of
the Philippines, upon the recommendation of the Secretary of Foreign Affairs,
have, on this date and in coordination with the action of the Allied Powers,
sent a message to the Congress of the Philippines recommending the approval of
a resolution terminating, for domestic purposes, the state of war between the
Philippines and Germany as of July 9, 1951, without prejudice to the conclusion
hereafter of a formal peace settlement with Germany. In view hereof, all
administrative agencies of this government are hereby enjoined to refrain from
any action which might impair the projected termination of the war as of this
date, pending appropriate action by the Congress of the Philippines.

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, this 9th day of July,
in the year of Our Lord, nineteen hundred and fifty one, and of the Independence
of the Republic of the Philippines, the sixth.

ELPIDIO QUIRINO
President of the Philippines

By the President:
MARCIANO ROQUE
Acting Assistant Executive Secretary

 

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