811.24596/9–746: Telegram
The Ambassador in the Philippines (McNutt) to the Secretary of
State
restricted
Manila, September 7, 1946—4
p.m.
[Received September 7—9:05 a.m.]
323. Negotiators have agreed: 1. On following substitution for article
XIV:
- “1. The Government of the Republic of the Philippines
consents that the Government of the United States shall have
the right to exercise jurisdiction over the following
offenses: (a) Any offense committed
by any person within any base; (b)
any offense committed outside the bases by any member of the
armed forces of the United States in which the offended
party is also a member of the armed forces of the United
States; and (c) any offense committed
outside the bases by any member of the armed forces of the
United States against the security of the Government of the
United States.
- “2. The Republic of the Philippines shall have the right
to exercise exclusive jurisdiction over all other offenses
committed outside the bases by any member of the armed
forces of the United States.
- “3. Whenever for special reasons the United States may
desire not to exercise the jurisdiction reserved to it in
paragraphs 1 and 6 of this article, the officer holding the
offender in custody shall so notify the prosecuting attorney
of the city of [or?] province in
which the offense has been committed within 10 days after
his arrest, and in such a case the Republic of the
Philippines shall be free to exercise jurisdiction.
- “4. Whenever for special reasons the Republic of the
Philippines may desire not to exercise the jurisdiction
reserved to it in paragraph 2 of this article, the
prosecuting attorney of the city or province where the
offense has been committed shall so notify the officer
holding the offender in custody within 10 days after his
arrest, and in such a case the United States shall be free
to exercise jurisdiction. If any offense falling under
paragraph 2 of this article is committed by any member of
the armed forces of the United States while engaged in the
actual performance of military duty, and the fiscal
(prosecuting attorney) so finds from the evidence, he shall
immediately notify the officer holding the offender in
custody that the United States is free to exercise
jurisdiction. In the event the fiscal finds that the offense
was not committed in the actual performance of a specific
military duty, the offender’s commanding officer shall have
the right to appeal from such finding to the Secretary of
Justice within 10 days from the receipt of the decision of
the fiscal.
- “5. In all cases over which the Republic of the
Philippines exercises jurisdiction the custody of the
accused pending trial and final judgment shall be entrusted
without delay to the commanding officer by the nearest base,
who shall acknowledge in writing that such accused has been
delivered to him for custody pending trial in a competent
court of the Philippines and that he will be held ready to
appear and will be produced before said court when required
by it. The commanding officer shall be furnished by the
fiscal with a copy of the information against the accused
upon the ruling of the original in the competent court
(clause to be added here covering case expiration of
enlistment while in custody.)
- “6. Notwithstanding the foregoing provisions, it is
mutually agreed that in time of war the United States shall
have the right to exercise exclusive jurisdiction over any
offenses which may be committed by members of the armed
forces of the United States in the Philippines. (We hope to
secure Philippines’ consent to insert after “war” the phrase
“or national emergency declared by either
government”.)
- “7. The Government of the US agrees that it will not grant
asylum in any of the bases to any person fleeing from the
lawful jurisdiction of the Republic of the Philippines.
Should any such person be found in any base, he will be
surrendered on demand to the competent authorities of the
Republic of the Philippines.
- “8. In every case in which jurisdiction over an offense is
exercised by the United States, the offended party may
institute a separate civil action against the offender in
the proper court of the Republic of the Philippines to
enforce the civil liability which under the laws of the
Philippines may arise from the offense.”
[Page 909]
2. Negotiators have accepted original draft article XIII, paragraph 4,
striking out “ordinarily” between “America” and “resident”.
3. Agreement has been reached substitute for article XXII temporary
installations the following: “It is mutually agreed that the Govt of the
United States of America shall retain the right to occupy temporary
quarters and installations now outside the bases for such reasonable
time, not exceeding 2 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.”
Still under discussion is American proposal addition sentence reading:
“The terms of this agreement pertaining to bases shall be applicable to
such temporary quarters and installations while they are so
occupied.”
4. Army Navy commanders will have agreed annex changes heretofore
reported and reductions some areas. Only important items still unsettled
are Fort McKinley Nichols area, Annex A, part 1 and conditions
surrounding use Army supply base Rizal, Annex A, part 4.
5. As Roxas anxious present treaty to Senate for ratification this
session which by law must end September 18, request immediate approval
changes reported to date and authorization local agreement on alteration
annexes.
