Ante, p. 2662. Ante, p. 2660. 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 acknowledgment 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 Government 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 relinquishment or transfer has been fuly accomplished. "Accept, Excellency, the renewed assurances of my highest consideration." I am happy to inform you that an agreement in the sense described in the foregoing note is acceptable to the Government of the Philippines; 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 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 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 Chargé d'Affaires, a.i. Embassy of the United States. ве FELINO MERI Undersecretary 12428 REPUBLIC OF THE PHILIPPINES 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 acceptance of paragraph five of the Embassy's Note No. 509 of May 14, 1949 does not preclude said Government from seeking the consideration of the understanding enunciated therein with respect to future relinquishment or transfer of United States military installations. DEPARTMENT OF FOREIGN AFFAIRS Manila, May 16, 1949 Др Ante, p. 2661. Ante, p. 2662. May 14, 16, 1949 [T. I. A. 8. 1967] Agreement between the United States of America and the Republic of the Philippines respecting the occupation by United States armed forces of temporary quarters and installations in the Philippines after March 26, 1949. Effected by exchange of notes signed at Manila May 14 and 16, 1949; entered into force May 16, 1949, operative retroactively from March 26, 1949. The American Chargé d'Affaires ad interim to the Philippine Secretary of Foreign Affairs 61 Stat., Pt. 4, 61 Stat., Pt. 4, p. 4019. No. 0510 EXCELLENCY: EMBASSY OF THE I have the honor to refer 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, and, in particular, to paragraph 1, Article XXI of that Agreement which, while it limits to a period of two years the term of occupancy by United States armed forces of temporary quarters and installations existing 61 Stat., Pt. 4, outside the bases mentioned in Annex A and Annex B, reserves for my p. 4028. p. 4032. 61 Stat., Pt. 4, p. 4028. Government the right, if circumstances require, to negotiate with Your Excellency's Government with a view to extending the right of United States armed forces to continued occupation of temporary quarters and installations beyond the date March 26, 1949 for such time as may be necessary for the completion of adequate facilities for United States armed forces within the bases provided in the aforementioned Agreement. I desire to inform Your Excellency that, although the United States Army has endeavored to concentrate its activities within Annex A bases, delays in the construction program caused by difficulty in obtaining certain critical construction items have made it necessary for the United States armed forces to continue the occupation of a number of temporary installations. Therefore, in accordance with Article XXI, earlier referred to, my Government requests an extension of its right to occupy certain temporary installations beyond the date March 26, 1949. A list of such installations is transmitted herewith as Annex 1: The United States Government agrees that the continued occupancy by its armed forces of the temporary quarters and installations enumerated in Section C of Annex 1 attached hereto will in no way prejudice the rights of the several private owners of such tracts of land in their contractual relations with the United States Government. I desire to inform Your Excellency further that certain other temporary bases and installations occupied by the United States Army under the Bases Agreement and recently returned to Philippine ownership were not included in my note No. 0509 of this date because they did not exist on United States Government owned land, but occupied leased or Philippine Government property. There still remain in this category certain temporary quarters and installations occupied by the United States Army which will have been made available for transfer to Your Excellency's Government on or before March 26, 1949 in compliance with paragraph 1, Article XXI of the Military Bases Agreement. Accept, Excellency, the renewed assurances of my highest consideration. Ante, p. 2660. 61 Stat., Pt. 4, p. 4028. Enclosure: Annex 1- List of after March 26, 1949. His Excellency THOMAS H. LOCKETT ELPIDIO QUIRINO, Secretary of Foreign Affairs of the Republic of the Philippines. Annex No. 1 List of Properties which the United States Government Wishes to A. Installations located on United States owned land: 1. Fort William McKinley (parcels 3 and 4). 2. Nichols Field Reserved Area (350.60 acres of parcel 2, Fort McKinley Reservation). B. Installations located on Philippine Government owned land: 1. Diliman Housing Area, Quezon City, Rizal (to be retained as a military installation until such time as Palma Hall is completed and occupied by the AGRD for its records and offices). C. Installations located on private property: 1. McKinley Housing Colony, Makati, Rizal. 2. Processing and Training Center Area (former Manila Provost Marshal Command Area), Mandaluyong, Rizal. 3. Area at Highway 54 and Pasig Boulevard, to include the 505th Transportation Truck Battalion Bus Pool, the former Pasig Commissary Area, the former Adjutant General Printing Plant and Publications Depot Area, and the former 29th Engineer Base Topographical Battalion Area, Mandaluyong, Rizal. 4. Signal Communications Plant and Distribution System (consists of communication cables crossing private and Philippine Republic property for which easements must be retained). 5. WTA Transmitter Station, Tinajeros, Rizal. 7. WTA Receiver Station, Las Pinas, Rizal. 8. Quartermaster POL Depot, Malibay, Rizal. 9. 141st AACS Transmitter Station, near Fort Stotsenburg-Clark Air Force Base, Pampanga. 10. Headquarters MANED, and Fisher Apartments at F. B. Harrison and Fisher Avenue, Rizal City, Rizal. (Headquarters MANED building is property of Philippine Alien Property Administration.) 11. Carabao Wallow, Highway 54, Malibay, Rizal. The Philippine Undersecretary of Foreign Affairs to the American REPUBLIC OF THE PHILIPPINES 12389 SIR: MANILA, May 16, 1949 I am pleased to acknowledge the receipt of your note No. 510 [1] of May 14, 1949, and its enclosure, which note reads as follows: "I have the honor to refer 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, and, in particular, to paragraph 1, Article XXI of that Agreement which, while it limits to a period of two years the term of occupancy by United States armed forces of temporary quarters and installations existing outside the bases mentioned in Annex A and Annex B, reserves for my Government the right, if circumstances require, to negotiate with Your Excellency's Government with a view to extending the right of United States armed forces to continued occupation of temporary quarters and installations beyond the date March 26, 1949 for such time as may be necessary for the completion of adequate facilities for United States armed forces within the bases provided in the aforementioned Agreement. "I desire to inform Your Excellency that, although the United States Army has endeavored to concentrate its activities within Annex A bases, delays in the construction program caused by difficulty in obtaining certain critical construction items have made it necessary for the United States armed forces to continue the occupation of a number of temporary installations. "Therefore, in accordance with Article XXI, earlier referred to, my Government requests an extension of its right to occupy certain 'The correct number is "0510". |