PH-US 1946 Treaty of General Relations

The treaty recognizes the independence of the Republic of the Philippines as of July 4, 1946 and provides for the relinquishment of American sovereignty over the Philippine Islands.
The accompanying Protocol states that the treaty’s purpose is recognizing independence and maintaining close and harmonious relations between the two Governments.
The Protocol emphasizes that the treaty does not attempt to regulate specific details of defense arrangements, bilateral rights and duties for mutual defense, or the settlement frameworks described in the Protocol.

The United States of America withdraws and surrenders all rights of possession, supervision, jurisdiction, control, or sovereignty existing and exercised by the United States in and over the territory and people of the Philippine Islands.
The United States retains the use of such bases, including necessary appurtenances to such bases and the rights incident thereto, to the extent the United States and the Republic of the Philippines agree that retention is necessary for mutual protection of both Governments.
The United States recognizes the independence of the Republic of the Philippines as a separate self-governing nation.
The United States acknowledges the authority and control over the Republic of the Philippines by the Government instituted by the people of the Philippines under the Constitution of the Republic of the Philippines.

Diplomatic representatives of each country enjoy in the other’s territories the privileges and immunities derived from generally recognized international law and usage.
Consular representatives, duly provided with exequatur, are permitted to reside in the other country in the places where consular representatives are permitted under that country’s local laws.
Consular representatives enjoy the honorary privileges and immunities accorded to such officers by general international usage.
Each consular officer must not be treated in a manner less favorable than similar officers of any other foreign country.

Pending the final establishment of required Philippine Foreign Service establishments abroad, the Republic of the Philippines may request representation of its interests by the United States through the United States’ Foreign Service in countries where the Philippines has no representation.
The United States will endeavor to represent the Philippine interests in those countries so far as it may be practicable.
Any such arrangements are subject to termination when either country judges that the arrangements are no longer necessary.

The Republic of the Philippines assumes all debts and liabilities of the Philippine Islands, its provinces, cities, municipalities, and instrumentalities that are valid and subsisting on the date of the treaty.
The Republic of the Philippines must make adequate provision for funds to pay interest and principal of bonds issued prior to May 1, 1934 under authority of a United States Act of Congress by the Philippine Islands or any Philippine province, city, or municipality.
Those obligations constitute a first lien on the taxes collected in the Philippines.

The treaty addresses cases at law concerning the Government and people of the Philippines that, under section 7 (6) of the Independence Act of 1934, are pending before the Supreme Court of the United States of America at the date of granting Philippine independence.
Such cases continue to be subject to review by the U.S. Supreme Court for such period after independence as may be necessary to dispose of the cases at hand.
After disposition of those cases, the U.S. Supreme Court ceases to have the right of review of cases originating in the Philippine Islands.

Claims not covered by existing legislation are adjusted and settled promptly between:
- the Government of the United States and its nationals against the Government of the Republic of the Philippines; and
- the Government of the Republic of the Philippines and its nationals against the Government of the United States.
Property rights of the Republic of the Philippines and the United States are promptly adjusted and settled by mutual agreement.
Existing property rights of citizens and corporations of the Philippines in the United States, and citizens and corporations of the United States in the Philippines, are acknowledged, respected, and safeguarded to the same extent as property rights of the other country’s citizens and corporations, respectively.
Both Governments designate representatives who may in concert agree on measures best calculated for a satisfactory and expeditious disposal of claims not covered by existing legislation.

The Republic of the Philippines assumes all continuing obligations assumed by the United States under:
- the Treaty of Paris between the United States and Spain concluded at Paris on December 10, 1898, by which the Philippine Islands were ceded to the United States; and
- the treaty between the United States and Spain concluded at Washington on November 7, 1900.

The treaty enters into force on the exchange of instruments of ratification.
The treaty requires submission for ratification in accordance with the constitutional procedures of both the Republic of the Philippines and the United States.
Instruments of ratification are exchanged and deposited at Manila.
The proclamation recites that ratification was completed on both sides and that instruments of ratification were exchanged at Manila on October 22, 1946.

The Protocol states that the treaty is for recognizing independence and maintaining close and harmonious relations.
The Protocol states that the treaty does not attempt to regulate details of mutual defense arrangements, or the described categories of matters relating to mutual defense and bilateral rights and duties.
The Protocol states that the treaty’s conclusion and entry into force do not exclude further treaties and executive agreements providing specific regulation of matters broadly covered herein.
Pending final ratification, the Protocol directs that the provisions of Articles II and III are observed by executive agreement.