Title
Publication of 1947 Treaty of Amity with China
Law
Proclamation No. 109
Decision Date
Feb 3, 1955
Ramon Magsaysay, President of the Philippines, officially publicizes the Treaty of Amity with the Republic of China, ratified in 1947, to ensure its observance and fulfillment by the nation and its citizens.

Questions (PROCLAMATION NO. 109)

It makes public (publishes) the Treaty of Amity between the Republic of the Philippines and the Republic of China, so that it and its provisions may be observed and fulfilled in good faith by the Philippines and its citizens.

It was concluded and signed by the respective plenipotentiaries at Manila on April 18, 1947.

The Senate concurred in the ratification through Senate Resolution No. 32 adopted on May 15, 1947, consistent with the Constitution.

It is the Senate’s resolution that concurred in the ratification of the Treaty, fulfilling the constitutional requirement for Senate concurrence in treaty ratification.

They were exchanged at Manila on October 24, 1947.

It enters into force upon the exchange of the instruments of ratification.

Ramon Magsaysay, President of the Philippines.

FRED RUIZ CASTRO, Executive Secretary.

It indicates that the President ordered publication of a certified copy of the treaty so it becomes publicly available for compliance.

To provide an authoritative, certified text for public access and for compliance with the treaty’s articles and clauses.

It states that making the Treaty public enables it and every article/clause to be observed and fulfilled by the Philippines and its citizens in good faith.

The requirement that treaties require Senate concurrence (as stated in the text: “in accordance with the Constitution of the Philippines”).

By stating the articles and clauses may be observed and fulfilled by the Republic and its citizens, it implies the treaty obligations are to be complied with domestically as well.

That the President caused the Treaty to be made public and directed that it be observed and fulfilled in good faith.

It was done in the City of Manila on Feb. 3, 1955. It matters for determining the official date of publication/effect of the proclamation itself (separate from the treaty’s entry into force).

Entry into force occurs upon exchange of instruments of ratification (Oct. 24, 1947). Publication by the proclamation occurs later (Feb. 3, 1955) to make the treaty known to the public for compliance.

The exchange of the instruments of ratification at Manila on October 24, 1947.

They are formal documents evidencing each state’s ratification; the treaty becomes effective once these instruments are exchanged as stipulated.


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