TRANSFER OF CERTAIN MILITARY RESERVATIONS TO THE PHILPPINES
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP57-00384R001300070010-2
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
14
Document Creation Date:
December 9, 2016
Document Release Date:
March 27, 2001
Sequence Number:
10
Case Number:
Publication Date:
January 1, 1963
Content Type:
REPORT
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Body:
Approved Fol elease 2001108i2,4 0070010-2
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 1963
TRANSFER OF CERTAIN MILITARY
RESERVATIONS TO THE PHILIPPINES
Agreement between the
UNITED STATES OF AMERICA and the
REPUBLIC OF THE PHILIPPINES
? Effected by Exchange of Notes
Signed at Manila May 14 and 16, 1949
? Entered into force May 16, 1949, oper-
ative retroactively March 27, 1949
1W
State Dept. de Q ?jgP pa4 $pj'j ier,tkdFF#) 0 070010-2
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DEPARTMENT OF STATE
PUBLICATION 3670
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON : 1950
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington 25. D.C.: Price 5 cents
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The American Charge d'Affaires ad interim to the Philippine Secretary
of Foreign Affairs
EMBASSY OF THE
UNITED STATES OF AMERICA,
No. 0509 Manila, May 14, 1949.
EXCELLENCY:
I have the honor to refer to the Act of the Congress of the United
States of America of March 24, 1934, [1] more commonly referred to
as the Philippine Independence Act; to the Joint Resolution of the
Congress of the United States of America of June 29, 1944, [2] which
authorized the President of the United States of America to acquire
bases for the mutual protection of the United States and of the
Philippines; to Joint Resolution No. 4 of the Congress of the Philip-
pines, approved July 28, 1945, which authorized the President of the
Philippines to enter into negotiations for the establishment of such
bases; to the Treaty of General Relations (including the Protocol
thereto) Between the United States of America and the Philippines
signed on July 4, 1946; [3] to the Agreement Between the United
States of America and the Republic of the Philippines Concerning
Military Bases signed at Manila on March 14, 1947; [4] and to other
legislation and public acts of the United States of America and of the
Philippines pertinent to the transfer to the Republic of the Philippines,
following the declaration of its independence, of certain United States
military bases the use of which was not reserved to the United States
by the aforementioned Agreement of March 14, 1947, or which have
not otherwise been reserved, encumbered or disposed of, and to inform
Your Excellency that, in accordance with its obligations under the
aforesaid acts, resolutions and agreement, the Government of the
United States of America relinquishes to the Government of the
Philippines the use of, and transfers to that Government such right
and title to, or interest in, the United States military reservations listed
in Annex 1 attached hereto, as the United States may have therein.
There is also annexed hereto a list of the available Executive Orders
1 48 Stat. 462.
2 58 Stat. 625.
3 Treaties and Other International Acts Series 1568; 61 Stat. 1174.
' Treaties and Other International Acts Series 1775.
98387-49 (1)
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and Torrens Certificates of Title whereunder the United States has
claimed title to and possession, of the military reservations in the
aforementioned Annex 1 attached hereto.
The Government of the United States recognizes the Philippine
-'Long Distance Telephone Company as the lawful owner of certain
buildings and installations at Camp Eldridge, Laguna. Therefore
I desire to point out to Your Excellency that these particular installa-
tions are excepted from any of the provisions of this note concerning
the turnover of installations and improvements on the military reser-
vations listed in the aforementioned Annex 1 attached hereto.
I further desire to inform Your Excellency that the United States
Government assures the Philippine Government that it will make
no claims now or in the future against the Philippine Government
with w view to recovering funds expended in the acquisition of title
to the temporary bases and installations included in the military reser-
vations listed in the aforementioned Annex 1 attached hereto.
In hereby making final and formal the transfer of the property
-listed in Annex 1 attached hereto, the United States requests that the
'Republic of the Philippines assume as of March 27, 1949 all responsi-
bility, risk of loss, and liability for the care, custody, protection and
maintenance of said property, including liability for damage to per-
son or property sustained on or after March 27, 1949 as a result of
`dangerous or defective conditions existing on or after that date, and
the Republic of the Philippines agrees to indemnify and hold harm-
less the United States, members of its armed forces and its civilian
employees from the aforesaid responsibility, risk of loss, and liability.
The United States makes no warranty of title to the property listed
in Annex 1 attached hereto or of the condition of said property or
of its fitness for any other purpose.
in hereby making final and formal the transfer of the military
reservations listed in Annex 1 attached hereto, the United States
'also requests that the Republic of the Philippines agree that while
'it is understood that the buildings and other improvements located
thereon are transferred without charge against or reference to the
Surplus Property Agreement signed September 11, 1946, [1] this
understanding relates only to the transfer of military reservations
covered by this note.
I am authorized by my Government to state that an acknowledg-
ment of the receipt of this note containing Your Excellency's as-
surances that the terms and conditions thereof are acceptable to
Your Excellency's Government will be considered by my Government
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as constituting an agreement for the relinquishment to the Govern-
ment of the Philippines of the use, and the transfer to that Govern-
ment of such right and title to, and possession of, the United States
military reservations listed in Annex 1 attached hereto, as the United
States may have therein, and as evidence that such relinquishment
or transfer has been fully accomplished.
Accept, Excellency, the renewed assurances of my highest con-
sideration.
THOMAS H. LOCKETT
Charge d'Affaires a. i.
Enclosures:
1. Annex 1 - List of Properties to be Turned Over by the United 'States
Government to the Philippine Government on March 26, 1949.
2. List of Executive Orders and Torrens Certificates of Title.
His Excellency
ELPIDIO QUIRINO,
Secretary of Foreign Affairs
of the Republic of the Philippines.
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Annex No. 1
List of Properties to be Turned Over by the United States
Government to the Philippine Government on March 26, 1949.
1. Augur Barracks (Zettel Field), Jolo, Sulu..
2. Calumpang Point Reservation, Cavite, Luzon.
3. Camp Bumpu.s,. Tacloban, Leyte.
4. Camp Connell, Samar.
5. Camp Downes, Ormoc, Leyte.
6. Camp Eldridge, Los Banos, Laguna, Luzon.
7. Camp Gregg, Bayambang, Pangasinan, Luzon.
8. Camp.Keithley (Maguire Field), Dansalan, Mindanao.
9. Camp Overton, Iligan, Lanao, Mindanao.
10. Chromite Ore Deposit, Zambales, Luzon.
11. Cauayan Field, Cauayan, Isabela, Luzon.
12. Cuartel Meisic, Manila.
13. Fort San Pedro, Cebu, Cebu.
A. Fort San Pedro, Iloilo, Panay.
15. Ludlow Barracks, Parang, Cotabato, Mindanao.
16. Malabang Field (portion of Torrey Barracks), Lanao,
Mindanao.
17. Momungan Military Reservation, Momungan, Lanao,
Mindanao.
18. Nozaleda Military Reservation, Calle Gral. Luna, Manila.
19. Sanborn Field (Sanborn) (Regan Barracks), Daraga, Albay,
Luzon.
20. Tagabiran Military Reservation, Catubig, Samar.
21. Warwick Barracks, Cebu, Cebu.
22. Wolfe Field, Zamboanga, Mindanao.
23. Nichols Field (all of parcel 1 and parcel 2 less approximately
350.60 acres, Fort William McKinley Reservation), Rizal, Luzon.
24. Cuartel de Espana, Intramuros, Manila, including Santa
Lucia Barracks.
25. Fort Santiago, Manila.
26. Old Medical Supply Depot, Manila.
27. Old -Sternberg General Hospital, Manila.
28. Cuartel de Infanteria, including Estado Mayor, Manila.
29. Malate Barracks, Manila.
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LIST OF EXECUTIVE ORDERS AND TITLES QF
PRE-WAR MIL. RES. TO BE RETURNED TO PHIL. GOVT.
1. AUGUR BARRACKS, JObO, J01 O.
Executive Orders and Transfer Certificate',of Titles for acqui-
sition.
* Ex. Or. Nov. 10,
1904
* to it
May 17,
1905
*
Feb. 14,
1913 No.
1703
* " "
May 28,
1929 No.
5129
* TCT No. 19
* " No.24
Executive Orders reverting portion of res. to Phil. Govt. and
Letter placing the remaining portion under the control of the
Phil. Govt.
Ex. Or. Sept. 23, 1924 No. 4077
it it Nov. 18, 1930 No. 5493
Letter dated Sept. 10, 1917.
ASTURIAS-Sub Post of Augur Barracks
Executive Orders and Transfer Certificate of Titles for acquisi-
tion.
* Ex. Or. Nov. 10, 1904
* TCT No. 21
* " No.23
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917. (Included in Augur Bar-
racks)
2. CALUMPAN POINT, Maragondon, Cavite.
Executive=Orders for acquisition
* Ex. Or. April 11, 1902
it it Mar. 14, 1904
3. CAMP BuMPUS, Tacloban, Leyte.
Executive Orders and Transfer Certificate of Titles for acquisi-
tion.
* Ex. Or. Sept. 1, 1903
TCT No. 23
It No.27
it No.28
No. 29
it No.30
it No. 31
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TCT No. 32
" No.33
it No.34
it No.35
" No. 36
it No.37
4. CAMP CONNELL, Calbayog, Samar.
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
* G. O. No. 201 Sept. 27, 1907 (Technical description)
5. CAMP DOWNES, Ormoc, Leyte.
Executive Orders and Transfer Certificate of Titles for acquisi-
tion.
* Ex. Or. Sept. 1, 1903
* " Apr. 9, 1907
* " July 26, 1913 No. 1806
TcT No. 10
" No. 11
" No.46
Letter placing under the control of the Phil. Constabulary letter
dated May 27, 1915.
6. CAMP ELDRIDGE, Los Banos, Laguna
Executive Orders and Transfer Certificate of Titles for acqui-
sition.
* Ex. Or. Sept. 1, 1903
* " " Dec. 6, 1904
* " " Feb. 14, 1916 No. 2316
TOT No. 1
it No.9
it No. 14
" No. 19
it No. 18
it No.288
7. CAMP GREGG, Bayambang, Pangasinan
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
8. CAMP KEITHLEY, Dansalan, Lanao
Executive Orders for acquisition
* Ex. Or. Jan 19, 1905
* " " Sept. 26, 1907
Letter placing under the control of the Phil. Govt.
* Letter dated Sept. 10, 1917.
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'9. CAMP OVERTON, Iligan, Lanao
Executive Orders and Transfer Certificate of Titles for acqui-
sition.
* Ex. Or. July 11, 1903
* it " Dec. 1, 1908
* ct 'e A4g. 31, 1912 -No. 1595
TCT No. 1189
" No. 1190
Letter placiag.,under the control of the Phil. Govt.
*Letter dated Sept. 10, 1917.
10. CHROMITE ORE DEPOSIT, Zambales.
Executive Order for acquisition
Ex. Or. Aug 20, 1931 No. 5690
11. CAUAYAN, Isabella
Executive Order for acquisition
Ex. Or; Jan. 5, 1927.
12. CUARTEL MEISIC, Manila
Executive Order for acquisition
* Ex. Or. May 17, 1905
13. FORT SAN PEDRO, Cebu, Cebu.
Executive Order for acquisition
* Ex. Or. Sept. 1, 1903
* " " June 17, 1910
General Order Sept. 22, 1905 No. 157
14. FORT SAN PEDRO, Iloilo, Panay
Executive Order & Transfer Certificate of Title for acquisition.
* Ex. Or. Oct. 10, 1903
it " Sept. 18, 1905
TCT No. 46
66 it 69
f6 it 93 " it 522
it it 523
it it 524
it it 525
Executive Order. & Letterr placing under the control of the Phil.
Govt.
* Ex. Or. Oct. 3, 1906
* Letter dated Sept. 10, 1917.
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15. LUDLOW BARRACKS, Parang, Cotabato
Executive Order & Transfer Certificate of Title for acquisition.
* Ex. Or. Feb. 15, 1904
* it it Mar. 30, 1909
TCT No. 8
it No.7
it No. 10
it No. 11
it No. 12
it No. 18
it No. 40
16. MALABANG FIELD, Lanao, Mindanao
Executive Order for acquisition
Ex. Or. Mar. 20, 1930 No. 5308
17. MOMUNGAN, Lanao
Executive Order for acquisition
* Ex. Or. Feb. 10, 1915 No. 2136
* " " June 19, 1916 No. 2405
18. NOZAIEDA, Manila
Executive Order for Acquisition
* Ex. Or. Feb. 13, 1911
Executive Order placing portion of reservation under the con-
trol of the Phil. Govt.
Ex. Or. April 15, 1939
19. SANBORN FIELD, Albay.
Executive Order for acquisition
* Ex. Or. Dec. 19, 1927 No. 4787
20. TAGABIRAN, Catubig, Samar.
Transfer Certificate of Title for acquisition
TCT No. 11
21. WARWICK BARRACKS, Cebu, Cebu
Executive Order for Acquisition
* Ex. Or. Sept. 1, 1903
Letter placing under the control of the'-Phil.. Govt.
* Letter dated Sept. _10, 1917
22. WOLFRE FIELD, Zamboanga
Executive Order for acquisition "
* Ex. Or. May 28, 1929 No. 5129
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23. FORT Wm. MCKINLEY, Rizal
General Order, Deed of Sale & Transfer'Certificate of Title for
acquisition
* Gen Or. No. 104, Oct. 3, 1902.
Deed of Sale dated Aug 5, 1902
TCT No. 2288
Executive Order placing portion of Res., under control of the
Phil. Govt.
* Ex. Or. Feb. 20, 1917 No. 2534
Note No. 559, Dec. 23, 1947 from American Ambassador
United States Embassy to Secretary of Foreign Affairs
of the Republic of the Philippines.
24. OLD MEDICAL SUPPLY DEPOT, Manila
Executive Order for acquisition and restoration to the Phil.
Govt.
* Ex. Or. Feb. 13, 1911
25. STERNBERG GEN. HOsP., Manila
Executive Order for acquisition
* Ex. Or. Feb. 13, 1911
* Typewritten copies of Executive Ordere and letters completed
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The Philippine Undersecretary of Foreign Affairs to the American
Charge d'Affaires ad interim
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
MANILA, May 16, 1949
SIR:
I am pleased to acknowledge the receipt'of your note 509 [1] of May
14, 1949, and its enclosures, which note reads as follows:
"I have the honor to refer to the Act of the. Congress of the
United States of America of March 24, 1934, more commonly re-
ferred to as the Philippine Independence Act; to the Joint Resolu-
tion of the Congress of the United States of America of June 29,
1944, which authorized the President of the United States of
America to acquire bases for the mutual protection of the United
States and of the Philippines; to Joint Resolution No. 4 of the Con-
gress of the Philippines, approved July 28, 1945, which authorized
the President of the Philippines to -enter into negotiations for the
establishment of such bases; to the Treaty of General Relations
(including the Protocol thereto) Between the United States of
America and the Philippines signed on July 4, 1946; to the Agree-
ment Between the United States of America and the Republic of
the Philippines Concerning Military Bases signed at Manila on
March 14, 1947; and to other legislation and public acts of the
United States of America and of the Philippines pertinent to the
transfer to the Republic of the Philippines, following the declaration
of its independence, of certain United States military bases the use
of which was not reserved to the United States by the aforemen-
tioned Agreement of March 14, 1947, or which have not otherwise
been reserved, encumbered or disposed of, and to inform Your
Excellency that, in accordance with its obligations under the afore-
said acts, resolutions and agreement, the Government of the United
States of America relinquishes to the Government of the Philippines
the use of, and transfers to that Government such right and title
to, or interest in, the United States military reservations listed in
Annex 1 attached hereto, as the United States may have therein.
There is also annexed hereto a list of the available Executive
Orders and Torrens Certificates of Title whereunder the United
States has claimed title to and possession of the military reservations
in the aforementioned Annex 1 attached hereto.
"The Government of the United States recognizes the Philippine
Long Distance Telephone Company as the lawful owner of certain
buildings and installations at Camp Eldridge, Laguna. Therefore
1 The correct number is "0509".
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!% (No. 1963]
? I desire to point out to Your Excellency that these particular instal-
lations are excepted from any of the provisions of this note concern-
ing the turnover of installations and improvements on the military
reservations listed in the aforementioned Annex 1 attached hereto.
"I further desire to "inform Your Excellency that the United
States Government assures the Philippine Government that it will
make no claims now or in the future against the Philippine Govern-
ment with a view to recovering funds expended in the acquisition
of title to the temporary bases and installations included in the
military reservations listed in the aforementioned Annex 1 attached
hereto.
"In hereby making final and formal the transfer of the property
listed in Annex 1 attached hereto, the United States requests that
the Republic of the Philippines assume as of March 27, 1949 all
"responsibility, risk of loss, and liability for the care, custody, pro-
tection and maintenance of said property, including liability for
damage to person or property sustained on or after March 27, 1949
as a result of dangerous or defective conditions existing on or after
that date, and the Republic of the Philippines agrees to indemnify
and hold harmless the United States, members of its armed forces
and its civilian employees from the aforesaid responsibility, risk
of loss, .and liability. The United States makes no warranty of
title to the property listed in Annex 1 attached hereto or of the
condition of said property or of its fitness for any other purpose.
"In hereby making final and formal the transfer of the military
reservations listed in Annex 1 attached hereto, the United States
also requests that the Republic of the Philippines agree that while it
is understood that the buildings and other improvements located
thereon are transferred without charge against or reference to the
Surplus Property Agreement signed September' 11, 1946, this
understanding relates. only to the transfer of military reservations
covered by this note.
"I am authorized by my Government to state that an acknowledg-
ment of. the receipt of this note containing Your Excellency's
assurances that the terms and conditions thereof are acceptable to
Your Excellency's Government will be considered by my Govern-
ment as constituting an agreement for the relinquishment to the
Government of the Philippines of the use, and the transfer to that
Government of such right and title to, and possession of, the United
States military reservations listed in Annex 1 attached hereto, as the
United States may have therein, and as evidence that such relin-
quishment or transfer has been fuly accomplished.
"Accept, Excellency, the renewed assurances of my ' highest
consideration."
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I am happy to inform you that an agreement in the sense described
in the foregoing note is acceptable to the Government of the Philip-
pines; and that this Government agrees to consider the Embassy's
note No. 509 of May 14, 1949, and its enclosures, together with the
present reply thereto as constituting an agreement arrived at between
our two Governments on the subject of relinquishment to the Govern-
ment of the Philippines of the use; and the transfer to that Govern-
ment of such right and title to, and possession of, the United States
military reservations listed in the enclosure Annex 1, as the United
States may have therein, and as evidence that such relinquishment or
transfer has been fully accomplished, effective as of March 27, 1949.
Accept, Excellency, the renewed assurances of my high consideration.
-The Honorable
THOMAS H. LOCKETT
Charge d'Affaires, a.i.
Embassy of the United States.
REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF FOREIGN AFFAIRS
WELINO NE:tU
Undersecretary
MEMORANDUM
On the understanding of the Philippine Government regarding its
acceptance of paragraph five of the Embassy's Note No. 509 of
May 14, 1949 concerning the relinquishment and transfer to the
Republic of the Philippines, of temporary quarters and installations
listed in Annex No. 1 attached thereto.
It is the understanding of the Philippine Government that accept-
ance of paragraph five of the Embassy's Note No. 509 of May 14,
1949 does not preclude said Government from seeking the considera-
tion of the understanding enunciated therein with respect to future
relinquishment or transfer of United States military installations.
DEPARTMENT OF FOREIGN AFFAIRS
Manila, May 16, 19119
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