ARTICLE XXI TEMPORARY INSTALLATIONS 1. It is mutually agreed that the United States shall retain the right to occupy temporary quarters and installations now existing outside the bases mentioned in Annex A and Annex B for such reasonable time, not exceeding two years, as may be necessary to develop adequate facilities within the bases for the United States Armed Forces. If circumstances require an extension of time, such a period will be fixed by mutual agreement of the two governments; but such extension shall not apply to the existing temporary quarters and installations within the limits of the City of Manila and shall in no case exceed a period of three years. 2. Notwithstanding the provisions of the preceding paragraph, the port of Manila reservation with boundaries as of 1941 will be available for use to the United States Armed Forces until such time as other arrangements can be made for supply of the bases by mutual agreement of the two Governments. 3. The terms of this Agreement pertaining to bases shall be applicable to temporary quarters and installations referred to in paragraph one of this Article while they are so occupied by the Armed Forces of the United States; provided, that offenses committed within the temporary quarters and installations located within the present limits of the City of Manila shall not be considered as offenses within the bases but shall be governed by the provisions of Article thirteen, paragraphs two and four, except that the election not to exercise the jurisdiction reserved to the Philippines shall be made by the Secretary of Justice. It is agreed that the United States shall have full use and full control of all these quarters and installations while they are occupied by the Armed Forces of the United States, including the exercise of such measures as may be necessary to police quarters for the security of the personnel and property therein. ARTICLE XXII CONDEMNATION OR EXPROPRIATION 1. Whenever it is necessary to acquire by condemnation or expropriation proceedings real property belonging to any private persons, associations or corporations located in bases named in Annex A and Annex B in order to carry out the purposes of this Agreement, the Philippines will institute and prosecute such condemnation or expropriation proceedings in accordance with the laws of the Philippines. The United States agrees to reimburse the Philippines for all the reasonable expenses, damages and costs thereby incurred, including the value of the property as determined by the Court. In addition, subject to the mutual agreement of the two Governments, the United States will reimburse the Philippines for the reasonable costs of transportation and removal of any occupants displaced or ejected by reason of the condemnation or expropriation. 2. Prior to the completion of such condemnation of expropriation proceedings, in cases of military necessity the United States shall have the right to take possession of such property required for military purposes as soon as the legal requisites for obtaining possession have been fulfilled. 3. The properties acquired under this Article shall be turned over to the Philippines upon the expiration of this Agreement, or the earlier relinquishment of such properties, under such terms and conditions as may be agreed upon by the two Governments. ARTICLE XXIII CIVIL LIABILITY For the purpose of promoting and maintaining friendly relations by the prompt settlement of meritorious claims, the United States shall pay just and reasonable compensation, when accepted by claimants in full satisfaction and in final settlement, for claims, including claims of insured but excluding claims of subrogees, on account of damage to or loss or destruction of private property, both real and personal or personal injury or death of inhabitants of the Philippine Islands, when such damage, loss, destruction or injury is caused by the Armed Forces of the United States, or individual members thereof, including military or civilian employees thereof, or otherwise incident to noncombat activities of such forces; provided that no claim shall be considered unless presented within one year after the occurrence of the accident or incident out of which such claim arises. ARTICLE XXIV MINERAL RESOURCES All minerals (including oil), and antiquities and all rights relating thereto and to treasure trove, under, upon, or connected with the land and water comprised in the bases or otherwise used or occupied by the United States by virtue of this Agreement, are reserved to the Government and inhabitants of the Philippines; but no rights so reserved shall be transferred to third parties, or exercised within the bases, without the consent of the United States. The United States shall negotiate with the proper Philippine authorities for the quarrying of rock and gravel necessary for construction work on the bases. ARTICLE XXV GRANT OF BASES TO A THIRD POWER 1. The Philippines agrees that it shall not grant, without prior consent of the United States, any bases or any rights, power, or authority whatsoever, in or relating to bases, to any third power. 2. It is further agreed that the United States shall not, without the consent of the Philippines, assign, or underlet, or part with the possession of the whole or any part of any base, or of any right, power or authority granted by this Agreement, to any third power. ARTICLE XXVI DEFINITION OF BASES For the purposes of this Agreement, bases are those areas named in Annex A and Annex B and such additional areas as may be acquired for military purposes pursuant to the terms of this Agreement. ARTICLE XXVII VOLUNTARY ENLISTMENT OF PHILIPPINE CITIZENS It is mutually agreed that the United States shall have the right to recruit citizens of the Philippines for voluntary enlistment into the United States Armed Forces for a fixed term of years, and to train them and to exercise the same degree of control and discipline over them as is exercised in the case of other members of the United States Armed Forces. The number of such enlistments to be accepted by the Armed Forces of the United States may from time to time be limited by agreement between the two Governments. ARTICLE XXVIII UNITED STATES RESERVE ORGANIZATIONS It is mutually agreed that the United States shall have the right to enroll and train all eligible United States citizens residing in the Philippines in the reserve organizations of the Armed Forces of the United States, which include the Officers Reserve Corps and the Enlisted Reserve Corps, except that prior consent of the Philippines shall be obtained in the case of such persons who are employed by the Philippines or any municipal or provincial government thereof. ARTICLE XXIX TERM OF AGREEMENT The present Agreement shall enter into force upon its acceptance by the two Governments and shall remain in force for a period of ninety-nine years subject to extension thereafter as agreed by the two Governments. Signed in Manila, P. I., in duplicate this 14th day of March, 1947. ANNEX "A" Clark Field Airbase, Pampanga Fort Stotsenberg, Pampanga Mariveles Military Reservation, POL Terminal & Training Area, Bataan Camp John Hay Leave and Recreation Center, Baguio Army Communications System with the deletion of all stations in the Port of Manila Area. U.S. AF Cemetery No. 2, San Francisco, Delmonte, Rizal Angeles General Depot, Pampanga Leyte-Samar Naval Base including shore installations and air bases Subic Bay, No. West Shore Naval Base Zambales Province and the existing naval reservation at Olongapo and the existing Baguio naval reservation Tawi Tawi Naval Anchorage and small adjacent land areas, Bagobantay Transmitter Area, Quezon City, and associated radio receiving and control sites, Manila Area Tarumpitao Point (Loran Master Transmitter Station) (Palawan) ANNEX "B" Mactan Island Army and Navy Airbase Camp Wallace, San Fernando, La Union Puerta Princesa Army and Navy Air Base including Navy Section Tawi Tawi Naval Base, Sulu Archipelago 180. MILITARY ASSISTANCE TO THE PHILIPPINES Agreement Between the United States and the Republic of the Philippines, March 21, 1947 1 Considering the desire of the Government of the Republic of the Philippines to obtain assistance in the training and development of its armed forces and the procurement of equipment and supplies therefor during the period immediately following the independence of the Philippines, considering the Agreement between the United States of America and the Republic of the Philippines concerning military bases, signed March 14, 1947, and in view of the mutual interest of the two Governments in matters of common defense, the President of the United States of America has authorized the rendering of military assistance to the Republic of the Philippines towards establishing and maintaining national security and towards forming a basis for participation by that Government in such defensive military operations as the future may require, and to attain these ends the Governments of the United States of America and the Republic of the Philippines have agreed as follows: TITLE I PURPOSE AND DURATION ARTICLE 1.-Subject to mutual agreements, the Government of the United States of America will furnish military assistance to the Government of the Republic of the Philippines in the training and development of armed forces and in the performance of other services Department of State publication 2979, Treaties and Other International Acts Series 1662. Signed at Manila March 21, 1947, entered into foree March 21, 1947, effective from July 4, 1946. essential to the fulfillment of those obligations which may devolve upon the Republic of the Philippines under its international agreements including commitments assumed under the United Nations and to the maintenance of the peace and security of the Philippines, as provided in Title II, Article 6, hereof. ARTICLE 2.-This Agreement shall continue for a period of five years from July 4, 1946 unless previously terminated or extended as hereinafter provided. ARTICLE 3.-If the Government of the Republic of the Philippines should desire that this Agreement be extended beyond the stipulated period, it shall make a written proposal to that effect at least one year before the expiration of this Agreement. ARTICLE 4.-This Agreement may be terminated before the expiration of the period of five years prescribed in Article 2, or before the expiration of an extension authorized in Article 3, by either Government, subject to three months' written notice to the other Government. ARTICLE 5.-It is agreed on the part of the Government of the Republic of the Philippines that title to all arms, vessels, aircraft, equipment and supplies, expendable items excepted, that are furnished under this Agreement on a non-reimbursable basis shall remain in the United States of America. TITLE II GENERAL ARTICLE 6. For the purposes of this Agreement the military assistance authorized in Article 1 hereof is defined as the furnishing of arms, ammunition, equipment and supplies; certain aircraft and naval vessels, and instruction and training assistance by the Army and Navy of the United States and shall include the following: (a) Establishing in the Philippines of a United States Military Advisory Group composed of an Army group, a Navy group and an Air group to assist and advise the Republic of the Philippines on military and naval matters; (b) Furnishing from United States sources equipment and technical supplies for training, operations and certain maintenance of Philippine armed forces of such strength and composition as mutually agreed upon; (c) Facilitating the procurement by the Government of the Republic of the Philippines of a military reserve of United States equipment and supplies, in such amounts as may be subsequently agreed upon; (d) Making available selected facilities of United States Army and Navy training establishments to provide training for key personnel of the Philippine armed forces, under the conditions hereinafter described. TITLE III MILITARY ADVISORY GROUP ARTICLE 7.-The Military Advisory Group shall consist of such number of United States military personnel as may be agreed upon by the Governments of the United States of America and the Republic of the Philippines. ARTICLE 8.-The functions of the Military Advisory Group shall be to provide such advice and assistance to the Republic of the Philippines |