Title
Termination of War with Germany Proclamation
Law
Proclamation No. 264
Decision Date
Jul 9, 1951
President Elpidio Quirino, upon the recommendation of the Secretary of Foreign Affairs, officially terminates the state of war between the Philippines and Germany as of July 9, 1951, aligning with the actions of the Allied Powers and paving the way for future peace negotiations.
A

Authority and recommending action

  • The President issues the proclamation upon the recommendation of the Secretary of Foreign Affairs.
  • The President transmits a message to the Congress of the Philippines recommending approval of a resolution terminating, for domestic purposes, the state of war between the Philippines and Germany.
  • The proclamation directs that the termination be coordinated with the action of the Allied Powers, specifically referencing Allied measures to terminate their own state of war with Germany.

Purpose and policy statement

  • The proclamation declares that it is desirable to terminate the state of war with Germany to integrate the German people into the community of peace-loving peoples of the world.
  • The proclamation emphasizes that domestic termination is intended to avoid the appearance of a separate peace settlement with Western Germany.
  • The proclamation frames termination as a domestic measure whose timing and effects are coordinated with other Allied Powers.

World-war background and coordination assumptions

  • The proclamation recites that the United States declared on December 11, 1941 that a state of war existed between the United States and Germany.
  • The proclamation states that due to the relationship between the Commonwealth of the Philippines and the United States, the Philippines acquired a belligerent status when the United States declared war on December 11, 1941.
  • The proclamation recites that the Philippines’ participation expanded further when the Philippines became a signatory on June 14, 1942 to the Declaration by the United Nations (the Allied War Pact), pledging not to make a separate peace or armistice with enemies.
  • The proclamation notes agreement in September 1950 by three Western Occupying Powers—the United States, the United Kingdom, and France—to take domestic measures to terminate the state of war with Germany.
  • The proclamation states that these occupying Powers assumed that termination by domestic action does not depend on continued occupation rights and does not prejudice later peace settlement.

Substantive effect: domestic termination

  • The proclamation terminates, for domestic purposes, the state of war between the Philippines and Germany as of July 9, 1951.
  • The proclamation clarifies that domestic termination is without prejudice to the conclusion hereafter of a formal peace settlement with Germany.
  • The proclamation directs that termination should not take a form that could be interpreted as a separate peace settlement with Western Germany.
  • The proclamation states that domestic termination by the relevant occupying Powers is intended to apply to the whole of Germany and to all German nationals.

Administrative directive pending Congress action

  • The proclamation enjoins all administrative agencies of the government to refrain from any action that might impair the projected termination of the war as of July 9, 1951.
  • The restraint applies pending appropriate action by the Congress of the Philippines.
  • The proclamation links the restraint to the projected termination and to maintaining coordination with Allied timing.

Effect of later peace settlement

  • The proclamation makes domestic termination expressly subject to the continued possibility of a later formal peace settlement with Germany.
  • The proclamation states that domestic action does not prejudice the peace settlement to be concluded afterward.

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