811.24596/8–1146: Telegram
The Ambassador in the Philippines (McNutt) to the Secretary of State
[Received August 11—1:12 a.m.]
188. 1. Question of jurisdiction principal [obstacle?] prompt completion negotiations base and military assistance agreements. Case referred to urtel 145, August 5,68 is kind of incident which can render agreement even more difficult. Therefore, believe policy should be based on realistic appraisal actual situation which clearly is as follows:
2. In the absence any agreement or treaty or general diplomatic immunity, jurisdiction over all persons irrespective nationality or military or civil status rests with Philippine Government. The President has, of his own volition, agreed to consider Executive Order 151 in March [force?] pending conclusion base agreement. Interpretation Executive Order 151 is prerogative of Philippine Government not of US, any agency thereof or military authorities.
3. Facts case described AFWESPAC message 642044 CSP August 3 briefly these: American officer, occupying quarters leased by Army, awoke during night, heard intruder in house, captured intruder, summoned military police. While awaiting arrival military police, [Page 902] intruder attempted escape, officer fired pistol wounding him. Military Police delivered intruder to Philippine Civil Police in whose custody he remains. No charges or action have been made or taken against American officer.
4. Will report any further developments.
- Not printed.↩