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 10th 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 7th
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 22nd
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
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