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

Note: The Agreement was concurred in by the Senate, S.R. No. 11,
August 5, 1946. The instrument of ratification was signed by the
President, September 30, 1946. It entered into force, October 22, 1946
upon exchange of ratification by the parties. It was declared by the
President, Proc. No. 11, s. 1946.

Reference: This agreement Is also published In I DFA TS No. I, p.
5 and 7 UNTS, p. 3. The presidential proclamation of the agreement is
published in 43 O.G., p. 2355 (Oct. 1946). 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 right 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 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 general recognised 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 representativs 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 agree 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 province, 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 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
Peace between the United States of America and Spain concluded at Paris
on the 10th day 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 concluded 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 forty-six.

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 ihis 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 Article II and III shall be observed by
executive agreement. Signed at Manila this fourth day of July, one
thousand nine hundred and forty-six.