Agreement Between the Government of the Republic of the Philippines
and the Government of the United States of America
Regarding the Treatment of United States Armed Forces
Visiting the Philippines
The Government of the Republic of the Philippines and the Government of the United States of America,
Reaffirming their faith in the purposes and principles of the Charter of the United Nations and their desire to strengthen international and regional security in the Pacific area;
Noting that from time to time elements of the United States armed forces may visit the Republic of the Philippines;
Considering that cooperation between the Republic of the Philippines and the United States promotes their common security interests;
Recognizing the desirability of defining the treatment of United States personnel visiting the Republic of the Philippines:
Have agreed as follows:
As used in this Agreement, “United States personnel” refers to military members of the United States military and civilian personnel temporarily in the Philippines in connection with activities approved by the Philippine government.
With this definition:
Respect for Law
It is the duty of the United States personnel to respect the laws of the Republic of the Philippines and to abstain from any activity inconsistent with the spirit of this agreement, and, in particular, from any political activity in the Phils. The Govt. of the U. S.. shall take all measures within its authority to ensure that this is done.
Entry and Departure
(a). personal identity card issued by the appropriate United States authority
showing full name, date of birth, or grade and service number (if any), branch of service and photograph; and
(b). individual or collective document issued by the appropriate United States authority, authorizing the travel or visit and identifying the individual or group as United States military personnel.
(c). the commanding officer of a military aircraft or vessel shall present a declaration of health, and when required by the cognizant representative of the Government of the Philippines, shall conduct a quarantine inspection and will certify that the aircraft or vessel is free from quarantinable diseases. Any quarantine inspection of the United States aircraft or United States vessels or cargoes thereon shall be conducted by the United States commanding officer in accordance with the international health regulations as promulgated by the World Health Organization, and mutually agreed procedures.
Driving and Vehicle Registration
(a). Philippine authorities shall have jurisdiction over United States personnel with respect to offenses committed within the Phils. and punishable under the law of the Philippines.
(b). United States military authorities shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United States personnel in the Philippines.
2. (a). Philippine authorities exercise exclusive jurisdiction over the United States personnel with respect to offenses, including offenses relating to the security of the Philippines, punishable under the laws of the Philippines, but not under the laws of the United States.
(b). United States authorities exercise exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States , but not under the laws of the Philippines.
(c). For the purposes of this paragraph and paragraph 3 of this article, an offense relating to security means;
(2). Sabotage, espionage or violation of any law relating to national defense.
3. In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:
(a). Philippines authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs 1(b), 2(b) and 3(b) of this Article.
(b). United States military authorities shall have the primary right to exercise jurisdiction over United States personnel subject to the military law of the United States in relation to:
(1). Offenses solely against the property or security of the U.S. or offenses solely against the property or person of US personnel: and
(2). Offenses arising out of any act or omission done in performance of official duty.
(c). The authorities of either government may request the authorities of the other government to waive their primary right to exercise jurisdiction in a particular case.
(d). Recognizing the responsibility of the United States military authorities to maintain good order and discipline among their forces, Philippine authorities will, upon request by the United States, waive their primary right to exercise jurisdiction except in cases of particular importance to the Philippines,. If the Government of the Philippines determines that the case is of particular importance, it shall communicate such determination to the United States authorities within twenty (20) days after the Philippine authorities receive the United States request.
(e). When the United States determines that an offense charged by authorities of the Philippines against United States personnel arises out of an act or omission done in the performance of official duty, the commander will issue a certificate setting forth such determination. This certificate will be transmitted to the appropriate authorities of the Philippines and will constitute sufficient proof of performance of official duty for the purposes of paragraph 3 (b) (2) of this article. In those cases where Government of the Philippines believes the circumstances of the case require a review of the duty certificate, United States military authorities and Philippine authorities shall consult immediately. Philippine authorities at the highest levels may also present any information bearing on its validity. United States military authorities shall take full account of the Philippine position. Where appropriate, United States military authorities will take disciplinary or action against offenders in official duty cases, and notify the Government of the Philippines of the actions taken.
(f). If the government having the primary right does not exercise jurisdiction, it shall notify the authorities of the other government as soon as possible.
(g). The authorities of the Philippines and the United States shall notify each other of the disposition of all cases in which both the authorities of the Philippines and the United States have the right to exercise jurisdiction.
4. Within the scope of their legal competence, the authorities of the Philippines and United States shall assist each other in the arrest of the United States personnel in the Philippines and in handing them over to authorities who are to exercise jurisdiction in accordance with the provisions of this article.
9. When United States personnel are detained, taken into custody, or prosecuted by Philippine authorities, they shall be accorded all procedural safeguards established by the law of the Phils. At the minimum, United States personnel shall be entitled:
(a). To a prompt and speedy trial;
(b). To be informed in advance of trial of the specific charge or charges made against them and to have reasonable time to prepare a defense;
10. The confinement or detention by Philippine authorities of United States personnel shall be carried out in facilities agreed on by appropriate Philippine and United States authorities. United States personnel serving sentences in the Philippines shall have the right to visits and material assistance.
Importation and Exportation
Movement of Vessels and Aircraft
Duration and Termination
This agreement shall enter into force on the date on which the parties have notified each other in writing through the diplomatic channel that they have completed their constitutional requirements for entry into force. This agreement shall remain in force until the expiration of 180 days from the date on which either party gives the other party notice in writing that it desires to terminate this agreement.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective governments, have signed this AGREEMENT.
DONE in duplicate at Manila, the Philippines, this tenth day of February 1998.
(SGD.) DOMINGO L. SIAZON, JR. (SGD.) THOMAS C. HUBBARD
For the Government of the Republic For the Govt. of the United
of the Philippines States of America