菲律賓出生證明：1946.07.04〈馬尼拉條約〉

1946.07.04〈馬尼拉條約〉

【Comment】
第七條：菲律賓共和國同意承受所有美國在1898年12月10日美國與西班牙於巴黎簽署之和約（其中菲律賓島嶼被割讓給美國）以及1900年11月7日美國與西班牙於華盛頓簽署之條約之義務。

 

UNITED STATES OF AMERICA and PHILIPPINES Treaty of general relations and Protocol, signed at Manila, on 4 July 1946

Article I
The United States of America agrees to withdraw and surrender, and does hereby withdraw and surrender, all right of possession, supervision, jurisdiction, control or sovereignty existing and exercised by the United States of America in and over the territory and the people of the Philippine Islands, except the use of such bases, necessary appurtenances to such bases, and the rights incident thereto, as the United States of America, by agreement with the Republic of the Philippines, may deem necessary to retain for the mutual protection of the United States of America and of the Republic of the Philippines. The United States of America further agrees to recognize, and does hereby recognize, the independence of the Republic of the Philippines as a separate self-governing nation and to acknowledge, and does hereby acknowledge, the authority and control over the same of the Government instituted by the people thereof, under the Constitution of the Republic of the Philippines.

Article II
The diplomatic representatives of each country shall enjoy in the territories of the other the privileges and immunities derived from generally recognized inter national law and usage. The consular representatives of each country, duly pro vided with exequatur, will be permitted to reside in the territories of the other in the places wherein consular representatives are by local laws permitted to re side; they shall enjoy the honorary privileges and the immunities accorded to such officers by general international usage; and they shall not be treated in a manner less favorable than similar officers of any other foreign country.

Article III
Pending the final establishment of the requisite Philippine Foreign Service establishments abroad, the United States of America and the Republic of the Philippines agree that at the request of the Republic of the Philippines the United States of America will endeavor, in so far as it may be practicable, to represent through its Foreign Service the interests of the Republic of the Philippines in countries where there is no Philippine representation. The two countries further agree that any such arrangements are to be subject to termination when in the judgment of either country such arrangements are no longer necessary.

Article IV
The Republic of the Philippines agrees to assume, and does hereby assume, all the debts and liabilities of the Philippine Islands, its provinces, cities, muni cipalities and instrumentalities, ' which shall be valid and subsisting on the date hereof. The Republic of the Philippines will make adequate provision for the necessary funds for the payment of interest on and principal of bonds issued prior to May 1, 1934 under authority of an Act of Congress of the United 1 States of America by the Philippine Islands, or any province, city or municipality therein, and such obligations shall be a first lien on the taxes collected in the Philippines.

Article V
The United States of America and the Republic of the Philippines agree that all cases at law concerning the Government and people of the Philippines which, in accordance with 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 the granting of the independence of the Republic of the Philippines shall con tinue to be subject to the review of the Supreme Court of the United States of America for such period of time ,after .independence as may be necessary to ef fectuate the disposition of the casee at hand. The contracting parties also agree that following the disposition of such cases the Supreme Court of the United States of America will cease to have the right of review of cases originating in the Philippine Islands.

Article VI
In so far as they are not covered by existing legislation, all claims of the Government of the United States of America or its nationals against the Gov ernment of the Republic of the Philippines and all claims of the Government of the Republic of the Philippines and its nationals against the Government of theUnited States of America shall be promptly adjusted and settled. The property rights of the United States of America and the Republic of the Philippines shall be promptly adjusted and settled by mutual agreement, and all existing prop erty rights of citizens and corporations of the United States of America in the Republic of the Philippines and of citizens and corporations of the Republic of the Philippines in the United States of America shall be acknowledged, re spected and safeguarded to the same extent as property rights of citizens and cor porations of the Republic of the Philippines and of the United States of America respectively. Both Governments shall designate representatives who may in con cert agree on measures best calculated to effect a satisfactory and expeditious disposal of such claims as may not be covered by existing legislation. of such claims as may not be covered by existing legislation.

 

Article VII
The Republic of the Philippines agrees to assume all continuing obligations assumed by the United States of America under the Treaty of Peace between the United States of America and Spain concluded at Paris on the 10th day of December, 1898, by which the Philippine Islands were ceded to the United States of America, and under the Treaty between the United States of America and Spain concluded at Washington on the 7th day of November, 1900.

菲律賓共和國同意承受所有美國在1898年12月10日美國與西班牙於巴黎簽署之和約（其中菲律賓島嶼被割讓給美國）以及1900年11月7日美國與西班牙於華盛頓簽署之條約之義務。

 

Article VIII
This Treaty shall enter into force on the exchange of instruments of ratifica tion,

This Treaty shall be submitted for ratification in accordance with the con stitutional procedures of the United States of America and of the Republic of the Philippines; and instruments of ratification shall be exchanged and deposited at Manila,

SIGNED at Manila this fourth day of July, one thousand nine hundred fortysix,

For the Government of the United States of America:

PAUL V. MCNUTT

 

For the Government of the Republic of the Philippines :

MANUEL ROXAS

PROTOCOL TO ACCOMPANY THE TREATY OF GENERAL RELATIONS BETWEEN THE UNITED STATES OF AMER ICA AND THE REPUBLIC OF THE PHILIPPINES, SIGNED AT MANILA ON THE FOURTH DAY OF JULY 1946

It is understood and agreed by the High Contracting Parties that this Treaty is for the purpose of recognizing the independence of the Republic of the Philip pines and for the maintenance of close and harmonious relations between the two Governments.

It is understood and agreed that this Treaty does not attempt to regulate the details of arrangements between the two Governments for their mutual defense; for the establishment, termination or regulation of the rights and duties of the two countries, each with respect to the other, in the settlement of claims, as to the ownership or control of real or personal property, or as to the carrying out of provisions of law of either country; or for the settlement of rights or claims of citizens or corporations of either country with respect to or against the other.

It is understood and agreed that the conclusion and entrance into force of this Treaty is not exclusive of further treaties and executive agreements pro viding for the specific regulation of matters broadly covered herein.

It is understood and agreed that pending final ratification of this Treaty, the provisions of Articles II and III shall be observed by executive agreement.

SIGNED at Manila this fourth day of July, one thousand nine hundred forty-six.

 

For the Government of the United States of America:

PAUL V. MCNUTT

 

For the Government of the Republic of the Philippines :

MANUEL ROXAS

參考資料：
1895.08.07〈有關日西兩國西太平洋版圖國境宣言〉
1898.12.10 美西〈巴黎和約〉第三條
1900.11.07〈美西割讓菲律賓偏遠島嶼條約〉
菲律賓出生證明：1946.07.04〈馬尼拉條約〉