Office of the Historian

811B.011/10

The Japanese Embassy to the Department of State72

undated

Memorandum

Without any intention whatever on the part of the Japanese Government of interfering with the domestic affairs of the Philippines, but since the matter will have an important bearing upon the welfare of Japanese residents in those islands, the following observations from the point of view of Japanese are submitted to the friendly consideration of the United States authorities concerned in relation to Article XIII, Sections 13 and 16, of the Draft Constitution of the Philippines, which contains general provisions restricting the right of foreign nationals to develop and exploit any natural resources in the Philippines.

First of all, it appears unnecessary to incorporate this clause in the Constitution inasmuch as there exist several Philippine laws which limit the rights of aliens with respect to natural resources, such as public lands, timber land, mineral land, fisheries, et cetera.

In inserting the clause in question in the Draft Constitution, thereby making it a permanent and definite system, they omit a reciprocal clause which is incorporated in the existing Public Land Law and Fishery Law to the effect that the nationals of a foreign country, the laws of which grant similar permission to Filipino citizens, are entitled to enjoy privileges on an equal standing with the Filipinos.

In view of the fact that a great number of Japanese are engaged in agricultural and fishing pursuits in the Philippines, it would give an impression that that part of the Constitution was drafted with the object of excluding Japanese from these enterprises. This would unnecessarily wound the Japanese feelings and cause an undesirable effect on the relations between Japanese and Filipinos.

It is most desirable, therefore, that such a provision be deleted from the Constitution of the Philippines; but, failing in this, would it not [Page 1082] be possible to add to the Constitution a clause whereby the granting of rights to foreign nationals on the basis of reciprocity or by treaty would be made an exception to the above general rule, as in the existing laws, in a spirit of international amity and equity and also in consideration of the most intimate economic relations between Japan and the Philippines?

  1. Handed to the Under Secretary of State by the Japanese Ambassador on March 4.↩