Title
PH-US 1946 Treaty of General Relations
Law
Proclamation No. 11
Decision Date
Oct 22, 1946
Manuel Roxas proclaims the ratification of the treaty recognizing the independence of the Republic of the Philippines and establishing diplomatic relations with the United States, marking the end of American sovereignty over the islands.

Questions (PROCLAMATION NO. 11)

It makes public and brings into effect the Treaty of General Relations and its protocol as instruments of ratification were exchanged; it declares that the treaty and protocol’s provisions shall be observed and fulfilled in good faith by the Philippines and its citizens.

The US agrees to withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty it previously exercised over Philippine territory and people, except the use of specified military bases and appurtenant rights that the US may retain by agreement for mutual protection.

The US recognizes Philippine independence as of July 4, 1946 as a separate self-governing nation, acknowledging the authority and control of the Philippine Government under the Philippine Constitution.

Diplomatic representatives enjoy privileges and immunities derived from generally recognized international law; consular representatives with exequatur may reside where local law permits and enjoy honorary privileges and immunities accorded by international usage, without less favorable treatment than other countries’ consular officers.

At the request of the Philippines, the US will endeavor to represent Philippine interests in countries where the Philippines lacks representation through US foreign service, subject to termination when either country judges it no longer necessary.

The Philippines assumes all debts and liabilities of the Philippine Islands, provinces, cities, municipalities, and instrumentalities that were valid and subsisting on the treaty date.

Cases concerning the Government and people of the Philippines pending before the US Supreme Court at independence continue to be subject to US Supreme Court review for the period necessary to dispose of the cases.

After the disposition of the specified pending cases, the US Supreme Court will cease to have the right of review of cases originating in the Philippine Islands.

All claims not covered by existing legislation are to be promptly adjusted and settled, including mutual acknowledgment and safeguarding of existing property rights of nationals/corporations of each country in the other.

Both governments designate representatives who may agree in concert on measures best calculated for satisfactory and expeditious disposal of such claims.

The Philippines assumes all continuing obligations assumed by the US under the Treaty of Paris (Dec. 10, 1898) and the subsequent US–Spain treaty (Nov. 7, 1900) related to the cession of the Philippine Islands.

On the exchange of instruments of ratification.

The Senate of the Philippines must concur in approving the treaty (Resolution No. 11 of Aug. 9, 1946), after which the President ratifies in pursuance of that concurrence.

It emphasizes recognizing Philippine independence and maintaining close relations, but states it does not regulate defense arrangements or detailed matters on mutual defense, claims settlement, ownership/control of property, or execution of domestic laws; it also clarifies that further specific treaties/executive agreements may be concluded.

It provides that pending final ratification, Articles II and III shall be observed by executive agreement.

It demonstrates that the treaty conditions for entry into force were satisfied; the Proclamation states the instruments were exchanged at Manila on October 22, 1946.


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