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REPUBLIC OF THE PHILIPPINR~4DEC IS PH /:I/

SUPREME COURT
MANILA

EN BANC

BAGONG
ALYANSANG
MAKABAYAN
(BAYAN),
represented by its Secretary General,
RENATO M. REYES, JR., et al,

G.R. No. 212444

Petitioners,
-versus-

DEPARTMENT
SECRETARY
GAZMIN, et al.,

OF

DEFENSE
VOLTAIRE
Respondents.

x---------------------------------------------x
RENE A.V. SAGUISAG, et al.,

G.R. No. 212426

Petitioners,
-versus-

EXECUTIVE
SECRETARY
PAQUITO N. OCHOA, JR., et al.,
Respondents.

x---------------------------------------------x
KILUSANG
MAYO
UNO,
represented by its Chairperson,
ELMER LABOG, et al.,
Petitioners-in-Intervention.

x---------------------------------------------x
RENE A.Q. SAGUISAG, JR.,
Petitioners-in-Intervention.

x-----------------------------------------------------------------------------------x

MEMORANDUM

G.R."Nos.212444,212426

MEMORANDUM
Respondents, through the Office of the Solicitor General (OSG),
respectfully state:

RELEVANT FACTS
1.
The Mutual Defense Treaty. On 30 August 1951, the Republic of
the Philippines and the United States of America (US) entered into the
Mutual Defense Treaty (MDT) which stipulates that the parties shall
"maintain and develop their individual and collective capacity to resist
armed attack." 1 The MDT, concurred in by the Philippine Senate on 12
May 1952,2 locates the parties' obligations within their commitments
under the Charter of the United Nations (UN). Article I of the MDT
provides:
The Parties undertake, as set forth in the Charter of the United
"Nations, to settle any international disputes in which they may be
involved by peaceful means in such a manner that international peace
and security and justice are not endangered and to refrain in their
international relations from the threat or use of force in any manner
inconsistent with the purposes of the United "Nations.

2.
The Visiting Forces Agreement. To implement the MDT and the
objective of both parties "to strengthen their present efforts to collective
defense for the preservation of peace and security,"3 the Republic of the
Philippines and the US entered into the Visiting Forces Agreement (VFA)
on 10 February 1998. The VFA was concurred in by the Philippine Senate
on 27 May 1999. 4 It lays down the terms and conditions under which US
personnels and facilities6 may be present in the Philippines.

3.
Under the VFA, the Philippines and the US have participated
in the annual Balikatan exercises, which involve the training of Philippine
troops to enhance defense capabilities and promote interoperability of

MDT, Article II.

S.R. No. 84, 12 May 1952.
3
VFA, Preamble.
4
S.R. No. 18, 27 May 1999.
5
VFA, Article I.
6
VFA, Article VII.
2

MEMORANDUM

G.R. Nos. 212444, 212426

Philippine and US forces. 7 The VFA was recognized as an implementing

agreement of the VFA in Nicolas v. Rnmulo. 8
4.
The Enhanced Defense Cooperation Agreement. To implement the
MDT and the VFA, 9 the Enhanced Defense Cooperation Agreement
(EDCA) was signed by Department of National Defense (DND)
Secretary Voltaire Gazmin for the Philippines and by US Ambassador to
the Philippines Philip Goldberg for the US on 28 April 2014.
ISSUE

WHETHER THE ENHANCED DEFENSE COOPERATION

AGREEMENT IS UNCONSTITUTIONAL.
SUMMARY OF ARGUMENTS

I.

PETITIONERS HAVE NO STANDING TO BRING THESE SUITS.

II.

EXECUTIVE

AGREEMENTS

FIND

SUPPORT

IN

THE

CONSTITUTION AND JURISPRUDENCE.

Ill.

THE

EDCA

IS

AN

EXECUTIVE

AGREEMENT

WHICH

IMPLEMENTS THE MDT AND THE VFA.

A.

THE EDCA IMPLEMENTS THE MDT.

B. THE EDCA IMPLEMENTS THE VFA.

C.

THE EDCA PROVIDES A SYSTEM THAT DETAILS THE

CONDUCT

OF

ACTIVITIES

ALREADY

AUTHORIZED

UNDER THE MDT AND THE VFA.

D.

THE

MDT

AND

THE

VFA

CONSTITUTE

THE

SUFFICIENT, PRIOR LICENSES FOR THE EDCA.

IV.

SENATE

REFERRAL

OF

THE

EDCA

WILL

CREATE

MULTIPLE FUNDAMENTAL CONSTITUTIONAL PROBLEMS.

V.
7

ASSORTED ISSUES RAISED BY THE PETITIONS

Terms of Reference approved by Department of Foreign Affairs Secretary Teofisto T.

Guingona, cited in Lim v. Executive Secretary, G.R. No. 151445, 11April2002.
8
G.R. No. 175888, 11 February 2009.
9
EDCA, Preamble.

MEMORANDUM

G.R. Nos. 212444, 212426

A.

ON PREPOSITIONING

B.

ON OPERATIONAL CONTROL AND SELF DEFENSE

C. ON TELECOMMUNICATIONS
D. ON NUCLEAR WEAPONS
E. ON DISPUTE RESOLUTION

F.

ON THE APPLICABILITY OF LOCAL LAWS

DISCUSSION

I.
PETITIONERS HAVE No STANDING To BRING THESE SUITS.

5. . Lack of standing to assert institutional prerogatives. Petitioners assail

the constitutionality of the EDCA on the ground that it is a treaty that
requires the concurrence of the Senate under Article XVIII, Section 25 of
the Constitution. However, none of the petitioners is a member of the
Senate.
6.
The capacity of the Senate to sue as an institution in cases
involving alleged impairment of its constitutional prerogatives is
exemplified in Gonzales v. Macaraig. 10 In said case, 23 Senators, comprising
the entire membership of the Senate, filed a petition to nullify the
presidential veto of Section 55 of the 1989 General Appropriations Bill.
The filing of the suit was authorized by Senate Resolution No. 381 dated
02 February 1989, which reads:
Authorizing and Directing the Committee on Finance to Bring in the
Name of the Senate of the Philippines the Proper Suit with the
Supreme Court of the Philippines contesting the Constitutionality of
the Veto by the President of Special and General Provisions,
particularly Section 55, of the General Appropriation Bill of 1989 (H.B.
No. 19186) and For Other Purposes.

WHEREAS, Be it Resolved, as it is hereby Resolved, That the Senate

express its sense that the veto by the President of Section 55 of the

lll

G.R. No. 87636. 19 November 1990.

MEMORANDUM

G.R. Nos. 212444, 212426

GENERAL PROVISIONS of the General Appropriation Bill of 1989

(H.B. No. 19186) is unconstitutional and, therefore, void and without
any force and effect; hence, the aforesaid Section 55 remains;

7.
In Philconsa v. Enriquez} 1 suits were filed by some members of
the Senate to question the validity of a presidential veto and a condition
imposed on an item in an appropriation bill without an enabling
resolution for the purpose. Nevertheless, the Court allowed the suits and
ruled that "[a]n act of the Executive which injures the institution of
Congress causes a derivative but nonetheless substantial injury, which can
be questioned by a member of Congress." 12 The Court said that "[t]o the
extent the power of Congress is impaired, so is the power of each
member thereof, since his office confers a right to participate in the
exercise of the powers of that institution." 13
8.
The rule, therefore, is that only the Senate itself may sue to
invoke the powers of the courts on matters involving its constitutional
prerogatives. This naturally makes sense given the requirement of "injury
in fact" essential for the operation of the "case or controversy"
component of the jurisdiction of courts in constitutional law cases. Those
whose rights are allegedly violated are, of course, in the best position to
fully articulate the nature and details of the injury they have suffered,
creating that "concrete adverseness that sharpens the presentation of
issues." 14
9.
By way of exception, incumbent Senators have been allowed by
courts to file cases in behalf of their institution, in cases where the court is
convinced that there are sufficient grounds to dispense with the rules of
agency. At a minimum, only incumbent Senators may be recognized to
have standing to raise the issue of Senate concurrence because it is their
constitutional function that is allegedly impaired. 15
10. Only incumbent Senators may raise this issue because they
alone have "legal standing to see to it that the prerogative, powers and

11

G.R. No. 113105, 19 August 1994.

12

Id.

13

Id

14

Baker v. Carr, 369 U.S. 186 (1962).

15

CONSTITUTION, Art. VII, Sec. 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the Members of the Senate.

MEMORANDUM

G.R. Nos. 212444, 212426

privileges vested by the Constitution in their office remain inviolate." 16 It

is a curious fact that only former Senators joined petitioners in filing these
cases. As such, they are in no position to concur in the EDCA and thus
are not injured by the alleged lack of Senate concurrence.

11. There is also no allegation that members of the Senate have

been prevented from exercising their privileges. The argument that the
Senate could not have joined the petitioners in filing these cases as it was
not made aware of the EDCA is belied by the fact that the EDCA has
been the subject of a number of Senate hearings where members of the
negotiating panel from the DND and the Department of Foreign Affairs
(DFA) were interpellated.17
12. The Senators are well-informed of the contents and coverage
of the EDCA and are presumed to have seriously considered whether the
EDCA is a treaty that requires their concurrence. The contents of the
EDCA have been available in the public domain for several months now,
or since April 2014.
13. To date, the Senate has not issued a Resolution expressing its
objection to the EDCA, much less authorized any of its members to file a
suit on its behalf. 18 The silence and active non-participation of the Senate
in the current proceedings is an affirmation of the President's
characterization of the EDCA as an executive agreement.

14. Absent any clear evidence that Senators have been prevented
from invoking the privileges of their institution, the Honorable Court
must presume that the Senate itself sees no need for such concurrence.
Consequently, no actual case or controversy exists that would warrant the
exercise of the Honorable Court's power of judicial review.
15. The Honorable Court should not conflate "petitions" and
"cases or controversies" under the Constitution. The mere filing of a
16

Biraogo v. The Philippine Troth Commission, G.R. No. 192935, 07 December 2010.
Joint Hearing by the Senate Committee on Defense and Security with the Senate
Committee on Foreign Relations, 13 Iv1ay 2014; Hearing by the Senate Committee on
Foreign Relations, 22 October 2014 and 01 December 2014.
18
Senate Foreign Relations Committee Chairperson Senator Miriam Defensor-Santiago said
that she would ask her colleagues to adopt a resolution that will express the Senate's views
that
the
agreement
should
be
concurred
by
the
Senate.
See
http://www.philstar.com/headlines/2014/12/01 /1397976/law-experts-tell-senate-edcaneeds-senate-concurrence
17

MEMORANDUM

G.R. Nos. 212444, 212426

petition does not automatically present a "case" within the meaning of the
"actual case or controversy" requirement of the Constitution.

16. An actual case or controversy which would trigger the

exercise of the Honorable Court's judicial review powers refers to "a
conflict of legal right, an opposite legal claim susceptible of judicial
resolution."19 It must be "definite and concrete, bearing upon the legal
relations of parties who are pitted against each other due to their adverse legal
interests. " 20

17.

Here, there is no such actual conflict betiJJeen the Executive and the
Senate. Thus, the issue of Senate concurrence does not present a justiciable
controversy which the Honorable Court may decide. Otherwise, the
Honorable Court could end up arbitrating constitutional questions in the
abstract and "allocat[ing] constitutional boundaries" 21 without a dispute
upon the instance of third parties, however well-intentioned.
18. Inappropriateness of Taxpqyer S landing. Petitioners cannot also
sue as taxpayers because the EDCA is neither a tax measure, nor one
primarily directed at the disbursement of public funds. In the absence of a
credible allegation of illegal or unconstitutional disbursement of public
funds, the Honorable Court cannot simply take at face value petitioners'
bare assertion of their right to sue as taxpayers. The Honorable Court
should avoid being goaded into assuming jurisdiction at the say-so of
anyone who pays taxes.

19. The Inapplicability of the 'Transcendental Importance" Exception. The

mere invocation of "transcendental importance" cannot also confer
standing on petitioners. In Anak Mindanao Party-List Group v. Executive
Secretary,2 2 the Honorable Court held that "a party who assails the
constitutionality of a statute must have a direct and personal interest. It
must show not only that the law or any governmental act is invalid, but
also that it sustained or is in immediate danger of sustaining some direct

19

David v. Amryo, G.R. No. 171396, 03 May 2006.

John HC!J Peoples Alternative Coalition v. Lim, G. R. No. 119775, 24 October 2003. Italics
supplied.
21
Angara v. Electoral Commission, G.R. No. L-45081, 15 July 1936.
22
G.R. No. 166052, 29 August 2007.

20

MEMORANDUM

G.R. Nos. 212444, 212426

injury as a result of its enforcement, and not merely that it suffers thereby
in some indefinite way."23
20. Petitioners cannot use "transcendental importance" to cure
their inability to comply with the constitutional requirement of standing.
As the Honorable Court said, "[c]ourts do not sit to adjudicate mere
academic questions to satisfy scholarly interest therein, however
intellectually solid the problem may be." 24
21. The Honorable Court should already note that the overuse of
"transcendental importance" as an exception to the traditional
requirements for constitutional litigation has cheapened the value of the
Constitution's safeguards to adjudication-case or controversy, standing,
prematurity, political questions, mootness-that have long served to
protect the Supreme Court from unnecessary litigation of constitutional
questions and potential clashes with the other departments of
government.
22. The Supreme Court's role under the separation of powers
requires it to decide only legal disputes. The Court is not the appropriate
venue for airing historical grievances or vindicating purely symbolic
claims.

II.
EXECUTIVE AGREEMENTS FIND SUPPORT
IN THE CONSTITUTION AND JURISPRUDENCE.

23. The EDCA is an executive agreement that has already

entered into force, as all internal requirements of the Philippines and the
US have already been complied with. This is consistent with the
representations of the parties.
24. President Benigno Aquino III ratified the EDCA on 06 June
25
2014. In the case of the US, it considers the EDCA to have entered into
force on 25 June 2014, as reflected in its diplomatic note of the same
date. 26 Finally, the EDCA has been filed with the US Congress pursuant

Id.
Philippine Assotiation of Universities and Colleges v. Secretary of Education, G.R. No. L-5279, 31
October 1955.
25
See Annex "A".
26
See Annex "B".
23

24

MEMORANDUM

G.R. Nos. 212444, 212426

to the Case-Zablocki Act which requires all international agreements

entered into by the US President to be filed with the US Congress.
25. The characterization of the EDCA as an executive agreement
rests on the concept that the President, as Commander-in-Chief, Chief
Executive, and Chief Architect of Foreign Relations, has the authority to
enter into implementing agreements pursuant to existing treaties.
26. It was argued during oral arguments, however, that the
Constitution does not recognize executive agreements because Article
VII, Section 21 only mentions "treaty" and "international agreement." It
was argued that the EDCA requires Senate concurrence to be valid and
effective, whether it is considered a treaty or an international agreement.
27. This view flies in the face of the text of the Constitution, the
jurisprudence of this Honorable Court, and the long-standing practice of
the Executive Department.
28. The authority to enter into executive agreements inheres in
the President as Chief Executive under Article VII, Section 21 of the
Constitution. By definition, executive agreements are executive or
implementing devices of pre-existing laws or treaties. 27 Thus, entering into
executive agreements is, by nature, an exercise of the executive power of
the President.
29. In fact, the bulk of international agreements entered into by
the Philippines are executive agreements (or agreements which do not
require Senate concurrence such as exchange of notes, memoranda,
protocols, etc.) 28 because the conduct of foreign affairs mostly consists of
the implementation of major policy decisions embodied in existing laws
and treaties. Limiting this otherwise constitutionally-guaranteed authority
to enter into executive agreements would fundamentally compromise the
powers of the President as Chief Executive and deprive him of the bulk
of his foreign affairs powers under the Constitution.
30. In the US, a great majority of international agreements are
not treaties but executive agreements, i.e., agreements made by the
executive branch that are not submitted to the Senate for its advice and
27

Gonzales v. Hechanova, G.R. No. L-21897, 22 October 1963; Secretary oj]ustice v. Lantion, G.R.
No. 139465, 18 January 2000.
28
See Annex "C".

MEMORANDUM

10

G.R. Nos. 212444, 212426

consent. Although executive agreements are not specifically discussed in

the US Constitution, they nonetheless have been considered valid
international compacts under Supreme Court jurisprudence and as a
matter of historical practice.29
31. For purposes of comparison, and to the extent US practice
informs Philippine practice, US recognizes three types of executive
agreements:
(i)

the congressional-executive agreement, an international

agreement entered into by the President with the
approval or authorization of the entire Congress;

(ii)

the executive agreement, an international agreement

entered into by the President that implements a
treaty; and

(iii)

the sole executive agreement, an international

agreement entered into by the President on his
own authority. 30

32. With the exception of congressional-executive agreements,

Philippine practice coincides with these categories of executive
agreements. This practice is found in Executive Order No. 459,31 which
provides the guidelines in the negotiation and ratification of international
agreements. Executive Order No. 459 grants to the DFA the authority to
determine whether an agreement is an executive agreement or a treaty. 32

29

Garcia and Mason, Congressional Oversight and Related Issues Concerning International Securiry
Agreements Concluded ry the United States, Congressional Research Service, 07 June 2012, p. 2.
30
Id at pp. 2-7.
31
Providing for the Guidelines in the Negotiation of International Agreements and Its
Ratification.
32
Interestingly, Sen. Miriam Defensor-Santiago, Chairperson of the Senate Committee on
Foreign Relations, recognizes this authority of the DFA and the distinction between a treaty
and an executive agreement. She said: " .. .it is the foreign affairs department which
determines whether an agreement is an executive agreement on one hand; or a treaty on the
other hand. This distinction is important, because while it is claimed that an executive
agreement needs only ratification by the President, a treaty needs concurrence by the Senate.
This distinction drawn between an executive agreement and a treaty is based on the 1961
case of Commissioner of Customs v. Eastern Sea Trading." Defensor-Santiago, Procedure for
Senate Concttrrence to Treaties (2007), p. 2, cited in Malaya and Mendoza-Oblena, Philippine Treary
Law and Practice, 35 INTEGRATED BAR OF THE PHILIPPINES JOURNAL 1 (2010).

MEMORANDUM

11

G.R. Nos. 212444, 212426

33. Constitutional Basis of Executive Agreements. The power of the

President to enter into executive agreements without Senate concurrence
finds textual support in the following provisions of the ConstitutionArticle VIII, Section 4(2). All cases involving the constitutionality of
a treaty, international or executive agreement, or law, which shall be
heard by the Supreme Court en bane, and all other cases which under
the Rules of Court are required to be heard en bane, including those
involving the constitutionality, application, or operation of presidential
decrees, proclamations, orders, instructions, ordinances, and other
regulations, shall be decided with the concurrence of a majority of the
Members who actually took part in the deliberations on the issues in
the case and voted thereon. 33
Article VIII, Section 5(2)(a). The Supreme Court shall have the
following powers: xxx Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of Court may provide, final
judgments and orders of lower courts in: xxx All cases in which the
constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.34

34. The existence of executive agreements as a distinct category

of legal instruments subject to judicial review is indisputable recognition
of the power of the Philippine President to enter into such agreements.
The constitutional mention of executive agreements alongside treaties and
international agreements is clear recognition of their separate ontological
existence.

35. In fact, Article VII, Section 21 mirrors this level of specificity

and distinction, mentioning treaties and international agreements, but
specifically excluding executive agreements. The absence of executive
agreements in the enumeration of specific legal instruments in Article VII,
Section 21 that have to be concurred in by the Senate is textual evidence
that the Constitution excludes executive agreements from such
requirement of Senate concurrence.
36. The practice of entering into executive agreements finds support in
Philippine jurisprudence. In Commissioner of Customs v. Eastern Sea Trading, 35 a

33
34

35

Emphasis supplied.
Emphasis supplied.
G.R. No. L-14279, 31 October 1961.

MEMORANDUM

12

G.R. Nos. 212444, 212426

distinction was drawn between a treaty, which requires

concurrence, and an executive agreement, which does not:

Senate

Treaties are formal documents which require ratification with

the approval of two thirds of the Senate. Executive agreements become
binding through executive action without the need of a vote by the
Senate or by Congress.

International agreements involving political issues or changes of

national policy and those involving international arrangements of a
permanent character usually take the form of treaties. But international
agreements embodying aqjustments qf detail carrying out well-established
national policies and traditions and those involving arrangements of a
more or less temporary nature usually take the form of executive
agreements. 36

37. The Court further said that "[t]he right of the Executive to
enter into binding agreements without the necessity of subsequent
Congressional approval has been confirmed b long usage" and that "[t]he
validity of these [executive agreements] has never been seriously
questioned by our courts." These executive agreements may cover such
subjects as "commercial and consular relations, most-favored-nation
rights, patent rights, trademark and copyright protection, postal and
navigation arrangements and the settlement of claims."
38. In Bt!Jan v. R.omulo, 37 the Honorable Court reiterated the
distinction between treaties and executive agreements, and affirmed the
power of the President to enter into executive agreements without Senate
concurrence. More importantly, the Honorable Court recognized a "trearyauthorized or a treary-implementing executive agreement" as one rype ef executive
agreement.
39. In China National Machinery and Equipment Corp. Group
(CNMEG) v. S antamaria,38 the Honorable Court enumerated the requisites
of an executive agreement pursuant to the Vienna Convention: "(a) the
agreement must be between states; (b) it must be written; and (c) it must
[be] governed by international law."

36
37
38

Italics in the original.

G.R. No. 159618, 01 February 2011.
G.R. No. 185572, 07 February 2012.

MEMORANDUM

13

G.R. Nos. 212444, 212426

40. In Abqya v. Ebdane, 39 the Honorable Court held that an

exchange of notes is considered "a form of an executive agreement, which
becomes binding through executive action without the need of a vote by
the Senate or Congress."
41. The Honorable Court's continued affirmation of executive
agreements as a category of international agreements which does not
require Senate concurrence is a recognition that executive agreements are
allowed by the Constitution. It is also a recognition of the impracticability
of submitting each and every international agreement to the Senate for
concurrence. One can imagine the substantial burden on the Senate of
such novel re-interpretation of the Constitution, independent of the
damage to the text of the Constitution itself.
42. In Bqyan v. Romulo, 40 the Honorable Court has taken judicial
notice of the fact that "the conduct of foreign affairs has become more
complex and the domain of international law wider" such that executive
agreements now cover human rights, the environment and the sea,
defense, trade, scientific cooperation, aviation, atomic energy,
environmental cooperation, peace corps, arms limitation and nuclear
safety, among others.
43. Indeed, practical as well as political considerations militate
against the submission of all types of international agreements to Senate
concurrence. To be realistic, agreements of an administrative nature, of
which hundreds are made annually to implement broad policy decisions,
should not be submitted to the Senate for approval. Otherwise, very soon,
the Senate would be swamped with such a multitude of agreements to
consider that unless it insisted it not be troubled with minor detail, it
would become an administrative organization. 41
44. Putting the problem into context, the Senate would have to
contend with the sheer number of international agreements, the wide
scope of their subject matter, and the high level of detail of their
provisions. Our Senate, after concurring in a treaty, cannot be burdened
with formulating the minutest of operational details for its
implementation just as Congress, in the domestic sphere, is not expected

39

40
41

G.R. No. 167919, 14 February 2007.

Supra note 37.
E. Hopson, The Executive Agreement In United States Practice, 12 A.F. L. REV. 252.

MEMORANDUM

14

G.R. Nos. 212444, 212426

to formulate the implementing rules and regulations of the laws it passes.

These are tasks better left to the Executive.

III.
THE EDCA IS AN EXECUTIVE AGREEMENT WHICH IMPLEMENTS THE
MDT AND THE VFA.

Consistent with the Honorable Court's ruling in Commissioner

of Customs v. Eastern Sea Trading, 42 the EDCA is an executive agreement
because it simply involves "adjustments of detail" to carry-out the security
policies in the MDT and the VFA.
45.

46. By its own express terms, the EDCA declares itself to be an

implementing agreement of the MDT and the VFAArticle I

PURPOSE AND SCOPE

1.
This Agreement deepens defense cooperation between the Parties
and maintains and develops their individual and collective capacities, in
furtherance of Article II of the MDT, which states that "the Parties
separately and jointly by self-help and mutual aid will maintain and develop
their individual and collective capacity to resist armed attack," and within the
context of the VFA.

47. Under Article 31 (1) of the Vienna Convention on the Law of

Treaties, "[a] treaty shall be interpreted in good faith in accordance with
the ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose."
48. As will be discussed below, the EDCA is an implementing
agreement of the MDT and the VFA not only by its express declaration,
but also by its purpose, scope and operative provisions.
A.

The EDCA implements the MDT.

49. In geopolitical terms, the EDCA is the evidence of the

currency and credibility of the defense alliance between the Philippines
and the US. It is the clearest possible communication to everyone in the
region of the vitality of our half-century defense agreement with the US.

42

Supra note 35.

MEMORANDUM

15

G.R. Nos. 212444, 212426

Its operative provisions evince a serious commitment by the US to

entangle itself with the national security interests of the Philippines.
50. In entering into the MDT, the US and the Philippines seek,
among others, to "declare publicly and formally their sense of unity and
their common determination to defend themselves against external armed
attack" and "further strengthen their present efforts to collective defense
for the preservation of peace and security pending the development of a
more comprehensive system of regional security in the Pacific Area."43
51. The MDT has two important operative principles. The first is
the Principle of Defensive Reaction in Article IV, which involves assistance in
the case of an armed attack on either of the parties in the Pacific Area.
Article IV of the MDT providesARTICLE IV
Each Party recognizes that an armed attack in the Pacific Area on either of
the Parties would be dangerous to its own peace and safety and declares that
it would act to meet the common dangers in accordance with its
constitutional processes.
Any such armed attack and all measures taken as a result thereof shall be
immediately reported to the Security Council of the United Nations. Such
measures shall be terminated when the Security Council has taken the
measures necessary to restore and maintain international peace and security.

52. The second is the Principle of Defensive Preparation in Article II

which states that "[i]n order more effectively to achieve the objective of
this Treaty, the Parties separately and jointly by self-help and mutual aid
will maintain and develop their individual and collective capacity to resist
armed attack." The primary concern of the EDCA is the Principle of
Defensive Preparation in order to enhance both parties' abilities, if
required, to operationalize the Principle of Defensive Reaction.
53. As the core of the defense relationship between the
Philippines and the US, the MDT seeks to enhance the strategic and
technological capabilities of the parties' armed forces. The specific
language of the MDT does not limit its application to situations when
either party is alreacfy under armed attack.

43

MDT, Preamble. See list of island territories under Philippine jurisdiction, attached as
Annex "D."

MEMORANDUM

16

G.R. Nos. 212444, 212426

54. The objective of the MDT, as stated in Article II, is to

enhance the parties' capability to prevent or resist a possible armed attack.
The defensive nature of our constitution and defense agreements means
that our goal is peace-oriented-to prevent war by setting up a defense
structure and signaling a force posture that makes it unwise for an
aggressor to attack the Philippines.

55. The purpose, scope and operative provisions of the EDCA implement
the MDT. Article I of the EDCA provides that it is in "furtherance of
Article II of the MDT, which states that 'the Parties separately and jointly
by self-help and mutual aid will maintain and develop their individual and
collective capacity to resist armed attack.'"
56. The specific purposes of the EDCA-to "[s]upport[ ] the
Parties' shared goal of improving interoperability of the Parties' forces,
and for the Armed Forces of the Philippines ("AFP"), [to address its]
short-term capabilities gaps, promoting long-term modernization, and
helping maintain and develop additional maritime security, maritime
domain awareness, and humanitarian assistance and disaster relief
capabilities"44_properly fall within the MDT's objective of developing
the defense capabilities of the Philippines and the US. The EDCA
implements the MDT by providing for a mechanism that promotes
optimal cooperation between the US and the Philippines.

B.

The EDCA implements the VFA.

57. The Honorable Court ruled in Lim v. Executive Secretary4 5 and

Nicolas v. &mufo46 that the VFA is an implementing agreement of the
MDT. Consistent with the Principle of Defensive Preparation, the VFA
allows into our territory (1) US troops and personnel, 47 (2) equipment,
materials, supplies, and other property, 48 and (3) vessels, and aircraft49 so
the US and the Philippines may conduct activities that promote the
MDT's goal of maintaining and developing the capacity for individual and
collective defense.

44

EDCA, Article I.1.a.

G.R. No. 151445, 11April2002.
46
S ttpra note 8.
47
VFA, Article I.
48
VFA, Article VII.
49
VFA, Article VIII.

45

MEMORANDUM

17

G.R. Nos. 212444, 212426

58. The contention that the VFA is onfy an agreement relating to troops is
negated l:J the text of the VFA. The term "forces" is broader than "troops."
Article I defines "United States personnel" as "United States military and
civilian personnel temporarily in the Philippines in connection with
activities approved by the Philippine Government." Article VII is explicit
that the VFA relates to the entry or removal of US facilities "in
connection with activities to which [the VFA] applies." It stipulates that
"United States Government equipment, materials, supplies, and other
property .. .in the Philippines .. .in connection with activities to which [the
VFA] applies" may be imported or exported. so Article VIII allows the
entry of such facilities as vehicles, vessels and aircraft in Philippine
territory.
59. The authorization of activities under the VFA serves as the operative
license for allowi,ng troops, equipment, supplies, vessels, aircraft, etc. This is
confirmed by the Honorable Court's decision in Lim when it said that
"[t]he VFA permits United States personnel to engage, on an
impermanent basis, in 'activities,' the exact meaning of which was left
undefined." The Honorable Court ruled thatAfter studied reflection, it appeared farfetched that the ambiguity
surrounding the meaning of the word "activities" arose from accident.
In our view, it was deliberately made that way to give both parties a
certain leeway in negotiation. In this manner, visiting US forces may

50

VFA, Article VII (Importation and Exportation). 1. United States Government

equipment, materials, supplies, and other property imported into or acquired in the
Philippines by or on behalf of the United States armed forces in connection with activities to
which this agreement applies, shall be free of all Philippine duties, taxes and other similar
charges. Title to such property shall remain with the United States, which may remove such
property from the Philippines at any time, free from export duties, taxes, and other similar
charges. The exemptions provided in this paragraph shall also extend to any duty, tax, or
other similar charges which would otherwise be assessed upon such property after
importation into, or acquisition within, the Philippines. Such property may be removed from
the Philippines, or disposed of therein, provided that disposition of such property in the
Philippines to persons or entities not entitled to exemption from applicable taxes and duties
shall be subject to payment of such taxes, and duties and prior approval of the Philippine
Government.
2. Reasonable quantities of personal baggage, personal effects, and other property for the
personal use of United States personnel may be imported into and used in the Philippines
free of all duties, taxes and other similar charges during the period of their temporary stay in
the Philippines. Transfers to persons or entities in the Philippines not entitled to import
privileges may only be made upon prior approval of the appropriate Philippine authorities
including payment by the recipient of applicable duties and taxes imposed in accordance
with the laws of the Philippines. The exportation of such property and of property acquired
in the Philippines by United States personnel shall be free of all Philippine duties, taxes, and
other similar charges.

MEMORANDUM

18

G.R. Nos. 212444, 212426

sojourn in Philippine territory for purposes other than military. As

conceived, the joint exercises may include training on new techniques
of patrol and surveillance to protect the nation's marine resources, sea
search-and-rescue operations to assist vessels in distress, disaster relief
operations, civic action projects such as the building of school houses,
medical and humanitarian missions, and the like.

Both the history and intent of the Mutual Defense Treaty and
the VFA support the conclusion that combat-related activities-as
opposed to combat itself ... are indeed authorized.

60. The purpose, scope and operative provisions of the EDCA

implement the VFA.
61. Article I of the EDCA provides that its purposes are to
support "the Parties' shared goal of improving interoperability of the
Parties' forces, and for the Armed Forces of the Philippines ("APP"), [to
address its] short-term capabilities gaps, promoting long-term
modernization, and helping maintain and develop additional maritime
security, maritime domain awareness, and humanitarian assistance and
disaster relief capabilities."
62. The Honorable Court in Lim ruled that these activities are
already covered by the VFA. Under Lim, "maritime security, maritime
domain awareness, and humanitarian assistance and disaster relief
capabilities" are activities that are authorized to be undertaken in the
Philippines under the VFA.
63. Article II of the EDCA reiterates the definition of "United
States personnel" in the VFA which means "United States military and
civilian personnel temporarily in the Philippines in connection with
activities approved by the Philippines."
64. Article III of the EDCA provides for the "Agreed Locations"
where the Philippines authorizes US to "conduct the following activities":
"training; transit; support and related activities; refueling of aircraft;
bunkering of vessels; temporary maintenance of vehicles, vessels and
aircraft; temporary accommodation of personnel; communications;
prepositioning of equipment, supplies and materiel; deploying forces and
materiel; and such other activities as the Parties may agree."

MEMORANDUM

19

G.R. Nos. 212444, 212426

65. Article IV of the EDCA authorizes the prepositioning and

storing of defense equipment, supplies and materiel. Under Article IV in
relation to Article III of the EDCA, the "prepositioning of equipment,
supplies and materiel" is an "activity" to be approved by the Philippine
Government "through bilateral security mechanisms, such as the MDB
and SEB."54

66. In sum, what the EDCA does is to enhance the existing

contractual security apparatus between the Philippines and the US, set up
through the MDT and the VFA. It is the duty of the Honorable Court to
allow this security apparatus enough breathing space to respond to
perceived, anticipated, and actual exigencies.

C.

The EDCA provides a system that details the conduct of

activities already authorized under the MDT and the VFA.

67. The negotiation of the EDCA and its subsequent ratification

are acts which pertain solely to the President in the lawful exercise of his
executive and diplomatic powers. In fact, even without the EDCA, the
President may rely on his broad powers, as Chief Executive and
Commander-in-Chief, 55 to take preparatory and preventive measures
against both external and internal threats to national security.
68. In choosing to enter into the EDCA-an agreement that
provides for a. more systematic framework for the fulfilment of the
objectives of the MDT and the VFA-the President has made the
decision to formalize pre-existing licenses into a framework agreement
that clarifies the rights and obligations of the parties. Such decision is in
response to the implementation gaps that the government seeks to
address through the EDCA.
69. For instance, our experience with Typhoon Haiyan, one of
the deadliest natural disasters ever recorded in the country, has made us
54

EDCA, Article IV.

Under Article II, Section 3 of the Constitution, the President is the Commander-in-Chief
of the Armed Forces of the Philippines (AFP), which is constitutionally designated as "the
protector of the people and the State." Article II, Section 3 of the Constitution provides that
"[t]he goal [of the Armed Forces of the Philippines] is to secure the sovereignty of the State
and the integrity of the national territory" of the Philippines. Under Article II, Section 4 of
the Constitution, the President, as head of State and chief representative of government, has
the "prime duty to serve and protect the people." The National Defense Act also provides
that "[t]he national defense policy of the Philippines" is "the preservation of the State."
55

MEMORANDUM

20

G.R. Nos. 212444, 212426

acutely aware of the need to develop our humanitarian assistance and

disaster relief (HADR) capability. The aftermath of Typhoon Haiyan saw
the government's humanitarian relief operation initially hampered by a
number of significant challenges-bureaucratic problems, lack of
transportation, extremely limited communications systems, and damaged
infrastructure.
70. US support following Typhoon Haiyan proved invaluable. A
naval task force from the USS George Washington and elements of the
31st Marine Expeditionary Unit of the US comprised the majority of Joint
Task Force OTF) 505 which was formed to conduct initial relief
operations dubbed Operation Damqyan. US military aircraft provided
reconnaissance of the affected areas, lifted aid workers into the disaster
zones, transported relief supplies, and evacuated those affected by the
typhoon. US Marines assisted with road clearance and with the
distribution of humanitarian assistance. At its peak, US military aircraft
and 12 naval vessels were involved in relief efforts, while nearly 14,000 US
military personnel were deployed directly to the disaster areas. US military
assistance included clearing roads, transporting aid workers, distributing
2,495 tons of relief supplies, and evacuating over 21,000 people. 56
71. A significant observation during Typhoon Haiyan is that
despite the resources and technological capabilities of the US forces who
rendered HADR, it took days to get relief efforts underway. This is
because HADR equipment and materiel were not prepositioned, i.e., still
had to be transported to affected areas. This contributed to the delay in
the US forces' relief efforts.
72. In the absence of the EDCA, coordination for contingency
operations may be hampered by the need to clarify and renegotiate minute
operational details. This includes the determination of the equipment and
supplies needed and their transport and storage, as well as the security and
logistical arrangements for the forces that would conduct the actual
operations.
73. The EDCA seeks to address the foregoing implementation
gaps and limitations by providing for mechanisms that will improve the
AFP' s capacity to render HAD R. One such mechanism is the

56

Lum and Margesson, Tjphoon Haryan (Yolanda): U.S. and International Response to Philippines
Disaster, Congressional Research Service, 10 February 2014.

MEMORANDUM

21

G.R. Nos. 212444, 212426

prepositioning of equipment and materiel necessary for the conduct of

HADR activities. Article IV of the EDCA providesArticle IV
EQUIPMENT, SUPPLIES, AND MATERIAL
The Philippines hereby authorizes United States forces, through
bilateral security mechanisms, such as the MDB and SEB, to
preposition and store defense equipment, supplies, and materiel
("prepositioned material"), including, but not limited to, humanitarian
assistance and disaster relief equipment, supplies, and materiel, at
Agreed Locations. United States forces shall notify the AFP in advance
regarding the quantities and delivery schedules of defense equipment,
supplies, and materiel that United States forces intend to preposition in
Agreed Locations, as well as who will make such deliveries.
1.

74. Prepositioning will allow us to respond more rapidly in times

of natural disasters and other crises. Time is of the essence in these
situations and as shown by our experience in Typhoon Haiyan, the
transport of necessary supplies needed to support tens of thousands of
Filipinos-like potable water- is a massive undertaking.
75. To put the problem into context, the equipment necessary to
respond to a contingency would include vehicles of all makes, sizes and
purposes; relocatable and temporary structures such as tents, barracks, or
temporary medical facilities and complex, and specialized equipment for
telecommunications. The transport of these equipment and the
manpower required to assemble, maintain, and operate them, especially in
a large scale operation, would be a huge task that circumstances simply do
not allow without severely limiting the effectivity of the response. To
complicate matters, relief operations, as an activity, requires going through
the complicated processes and consent mechanisms under our bilateral
system, taking much-needed attention away from the situation on the
ground.
76. Prepositioning not only addresses these serious problems but
also allows the Philippine Government to be proactive in responding to
future disasters because it allows the strategic placement of HADR
equipment and supplies at or near areas commonly plagued by typhoons
and other disasters. It also allows the Philippine Government to make
decisions prior to an emergency, providing the authorities the time to

MEMORANDUM

22

G.R. Nos. 212444, 212426

think things through and come up with a better response with all the
relevant data.
77. Furthermore, because the HADR equipment will be in the
Philippines, Philippine personnel are given the invaluable opportunity to
be trained in their operation and maintenance. This redounds to the
benefit of the Philippines, specifically in the increased effectivity of
disaster and relief operations, and generally in the raised competence of
our military forces.
78. Thus, from the Philippine perspective, the objectives of the
EDCA are twofold: (1) externally, to secure the territorial integrity of the
Philippine State and (2) internally, to improve the country's HADR
capability.
79. In ratifying the EDCA, the President has made a
determination that both its external and internal aspects will advance the
national security of the Philippines. The President must be given the
widest latitude in balancing the nation's limited options and calibrating his
responses to ensure their maximum intended effect. The Honorable
Court must approach this case with deference to a national security
decision already made.

D. . The MDT and the VFA constitute prior, sufficient licenses for
the EDCA.
80. The MDT and the VFA are valid and subsisting international
agreements that already allow the entry of US troops and facilities in the
Philippines under Article XVIII, Section 25 of the Constitution. The
Honorable Court has consistently affirmed the constitutionality of the
MDT and the VFA in BAYAN v. Zamora,5 8 Lim v. Executive Secretary,5 9
Nicolas v. &mulo60 and Ango v. Swtjt.61
81. Both the MDT and the VFA constitute the prior, sufficient
licenses for the EDCA. The EDCA simply operationalizes and articulates

58

G.R. No. 138570, 10 October 2000.

Supra note 45.
60
Supra note 8.
61
G.R. No. 206510, 16 September 2014.
59

MEMORANDUM

23

G.R. Nos. 212444, 212426

the details of existing policies of the Philippines established under the

MDT and the VFA. 62
82. With specific reference to activities to be conducted on Agreed Locations,
the EDCA traces its authority from the VFA.

83. On Agreed Locations. Article V.1 of the EDCA provides that

the Philippines shall retain ownership of and title to Agreed Locations.
This is consistent with Article II of the VFA which recognizes Philippine
sovereignty and jurisdiction over locations within Philippine territory.
84. Number of Agreed Locations. The allegation that the Agreed
Locations are without limit whether in number or size is disproved by the
reality that the decision to choose an Agreed Location occurs within a
highly constrained decision environment.
a)
The location must be owned by the Government
through the AFP and this constraint places potential
significant burdens on the Philippines given that a proposed
Agreed Location (if private property or public property not
used for military purposes) will have to be bought, converted
into a military base, and used for military purposes. This
means that, most likely, any Agreed Location will be within
pre-existing military bases.
b)
There must be a military necessity for the US to
propose a particular Agreed Location.
c)
There must be a corresponding military necessity
on the part of the Philippines to agree to such a proposal.
d)
The size and number of such Agreeed Locations
entail financial, operational, and political responsibilities on
both the Philippines and the US. In other words, the choice of a
particular Agreed Location must be geopolitical/y appropriate,
economical/y efficient, and political/y sound on the basis of the security
concerns of the US and the Philippines.

62

See Annex "E".

MEMORANDUM

24

G.R. Nos. 212444, 212426

The allegation therefore that the "Philippines and US authorities may

place these so-called Agreed Locations anywhere in the Philippines" is
baseless. 63
85. On Activities. Article III.1 of the EDCA authorizes US forces
and vehicles, vessels, and aircraft operated by or for US forces to conduct
a variety of activities with respect to Agreed locations. 64 This is not an
independent authorization for new activities. Rather, this only implements
Article I of the VFA which allows US military and civilian personnel
temporarily in the Philippines to engage in activities approved by the
Philippine Government, as well as provisions of the VFA relating to the
importation of materiel65 and movement of vessels and aircraft. 66 The
permission system under the EDCA is co-extensive and identical with the
permission system under the VFA.
86. Because the EDCA is an executive agreement that merely
implements the MDT and the VFA, the EDCA does not require Senate
concurrence under Article XVIII, Section 25 of the Constitution. A
Senate concurrence to the EDCA is a legal superfluity.
87. There are some, however, who argue that the EDCA cannot
be couched as an executive agreement because it allegedly allows foreign
military bases and foreign military facilities. Thus, it is claimed that the
EDCA should be in the form of a treaty pursuant to Article XVIII,
Section 25 of the Constitution.
88.

A textual reading of the EDCA negates such claim.

89. First, under Article II.4 of the EDCA, all facilities and areas
that may be used and accessed by the US are provided by the Philippine
Government through the AFP. Article V of the EDCA clearly states that
"(t]he Philippines shall retain ownership of and title to Agreed

63
64

BAYAN Petition, p. 29.

"1. With the consideration of the views of the Parties, the Philippines hereby authorizes
and agrees that the United Sates forces, United States contractors, and vehicles, vessels, and
aircraft operated by or for United States forces may conduct the following activities with
respect to Agreed Locations: training; transit; support and related activities; refuelling of
aircraft; bunkering of vessels; temporary accommodation of personnel; communications;
prepositioning of equipment, supplies, and material; deploying forces and material; and such
other activities as the Parties may agree."
65
VFA, Article VII.
66
VFA, Article VIII.

25

MEMORANDUM

G.R. Nos. 212444, 212426

Locations." 67 By clear consequence of law, an Agreed Location is not a

situs of extraterritoriality. It remains Philippine territory and Philippine
property.
90. Second, while the US may be permitted by the Philippines to
construct and improve infrastructure in these Agreed Locations, the US
will not be building in the concept of an owner. They will be building for
the Philippines. This is because under the EDCA "[a]ll buildings, nonrelocatable structures, and assemblies affixed to the land in the Agreed
Locations, including ones altered or improved by US forces, remain
property of the Philippines."68
91. Third, the use of and access to Philippine military bases by the
US will be restricted, and consistent with our national security interests:

67

(ii)

such use and access will be for activities that

must be approved by the Philippines;69

(iii)

such use and access must be on a rotational basis,

intermittent and temporary;70

(iv)

the Philippine Government shall have access to

the entire area of the Agreed Locations; 71

(v)

the Philippine Government shall retain primary

responsibility for security with respect to the
Agreed Locations;72

(vi)

the operational control of the US is limited to

construction activities;73 and

(vii)

the Agreed Locations will be areas of joint use,

consistent with the concept of responsibility
based on proportionate use of the areas and
facilities. 74

EDCA, Article V.1.

EDCA, Article V.4.
69
EDCA, Article III.4; Art. IV.1.
70
EDCA, Article I.1.b.
71
EDCA, Article III.5.
72
EDCA, Article VI.2.
73
EDCA, Art. III, par. 4.
74
EDCA, Art. III, par. 6.
68

MEMORANDUM

26

G.R."Nos.212444,212426

92. These standards are sufficient to make a reasonable person

conclude that the Agreed Locations are not, will not, and cannot be
converted into foreign military bases or foreign military facilities.
93. No general-purpose license. Only agreements with respect to
foreign military bases or foreign military facilities are constitutionally
required to be concurred in by the Senate. The defining characteristic of a
foreign military base is the general ability of the foreign force to define,
within the base, the nature and scope of activities they wish to engage in.
This plenary ability, this general-purpose license, is found only in the
former Military Bases Agreement of 1947 which gave the US:
[f]he rights, power and authority within the bases which are
necessary for the establishment, use, operation and defense
thereof or appropriate for the control thereof and all the rights,
power and authority within the limits of territorial waters and air
space adjacent to, or in the vicinity of, the bases which are necessary
to provide access to them, or appropriate for their control. 75

94. This plenary ability, this general-purpose license, is patently

and demonstrably absent in the EDCA because of the permission system
in place for every activity that will be undertaken by US forces on
Philippine soil, as mandated by the VFA.
95. The Philippines has control over these Agreed Locations not
only because we own them but also because we can set the parameters for
their use and access by the US through the permission system in place. By
this control test, the Agreed Locations are decidedfy Philippine, not foreign, Military
Bases.
96. Under the EDCA, as with the VFA, the consent mechanism
is individualized, ensuring that every activity will be limited in scope and
duration. 76 This type of consent mechanism is highly protective of
Philippine interests because it provides the Mutual Defense Board (l\1DB)
and the Security Engagement Board (SEB) real opportunity to scrutinize
every activity that they authorize, develop a feedback mechanism for
previous authorizations, and make sure that every activity fits a larger
national or geopolitical context.

75

Article III. 1, Agreement Between the Republic of the Philippines and the United States of
America Concerning Military Bases. (Signed in Manila, March 14, 1947). Emphasis supplied.
76
See Flowchart, attached as Annex "F".

MEMORANDUM

27

G.R. Nos. 212444, 212426

97. This consent mechanism is dynamic, fluid, and responsive to

varying security contexts as perceived by the current and future Philippine
political and military leaders. This consent mechanism, this permission
system, has been consistently declared valid by this Honorable Court in
Bqyan, Lim, Nicolas, and Arigo.
98. Because the EDCA involves an agreement for the
improvement of Philippine military bases and Philippine military facilities,
the EDCA need only be approved by the President of the Philippines as
an executive agreement. It is beyond the purview of Article XVIII,
Section 25. This is because the improvement of Philippine military bases
or facilities is consistent with the principle of Defensive Preparation
found in the MDT and the VFA.

'l:V.
A SENATE REFERRAL OF THE EDCA WILL CREATE MULTIPLE
FUNDAMENTAL CONSTITUTIONAL PROBLEMS.

99. During the oral arguments on 18 November 2014, Justice

Leanen floated the possibility of referring the EDCA to the Senate for
concurrence under Article XVIII, Section 25 and Article VII, Section 21
of the Constitution.
100. With all due respect, a referral to the Senate will create
multiple fundamental constitutional problems for the Honorable Court,
the President, and the Senate.
101. The Court cannot refer the EDCA to the Senate for consideration
ivithout preliminari/y declaring the EDCA unconstitutional for non-compliance with
Article XVIII, Section 25. On the assumption that the Honorable Court
does not dismiss the present petitions for lack of standing or other
jurisdictional grounds, the question is whether the EDCA is an executive
agreement or a treaty, and the task of the Honorable Court is either to
dismiss the petitions or grant them.
102. The Court cannot force a referral to the Senate without authority from
the President. Only the President has the authority to refer international
agreements to the Senate. As held in Pimentel v. Executive Secretary, "it is
within the authority of the President to refuse to submit a treaty to the

MEMORANDUM

28

G.R. Nos. 212444, 212426

Senate."77 Accordingly, the Honorable Court cannot circumvent such

authority either by ordering the President to make the referral or by doing
so itself.
103. The Senate cannot be compelled to accept a responsibility it did not seek
or does not want to assume. The role of the Senate is limited only to giving or
withholding its consent or concurrence to the ratification. 78 In the context
of separation of powers, the silence of the Senate must be understood to
mean nothing less than a positive endorsement of the EDCA as an
executive agreement and as an executive agreement that is good for the
country. We ask the Honorable Court to consider the Senate's silence as a
nuanced affirmation of the powers of the President.
104. A court-mandated referral to the Senate diminishes the powers of the
President as Commander-in-Chief to act on matters that are within his prerogatives.
The creation of a national defense apparatus and the determination of
activities such as the improvement of Philippine military bases,
prepositioning of defense materials, construction of military runways,
barracks, and ports, are core prerogatives of a Commander-in-Chief.
105. There is only one Commander-in-Chief. Military activities are
meant to consolidate decision-making in one person. The Honorable
Court should therefore seriously reflect on the wisdom of undermining
this decision-making structure in favor of an intervention by the Senate,
an institution that speaks with multiple voices. Now, perhaps more than at
any other time, the powers of our Commander-in-Chief need to be as
potent as it can be.
106. A court-mandated referral to the Senate will result in an international
embarrassment for the President as Sole Organ of Foreign Affairs. The ratification
by the President was a representation to the US that all internal
requirements for the entry into force of the EDCA have already been
complied with. A referral to the Senate contradicts this guaranty of the
President. Even a declaration that the EDCA is ineffectual until ratified
by the Senate achieves the same embarrassing effect for the President and
the country's standing in the international community.

77
78

Pimentel v. Executive Secretary, G.R. No. 158088, 6 July 2005.

Pimentel v. Executive Secretary, supra note 77.

MEMORANDUM

29

G.R. Nos. 212444, 212426

107. A referral to the Senate is plain and simple delqy. It accomplishes

nothing positive other than delay and restrict the President's ability to
respond to our manifold security concerns at present. Petitioners'
argument against the EDCA is not an argument for referral but an
argument against the EDCA itself. On the assumption that this
Honorable Court can overturn settled and fundamental constitutional
doctrines and compel a referral to the Senate, a favorable action on the
part of the Senate will simply bring the petitioners back to the Supreme
Court to demand the nullification of the EDCA. The potential damage of
such delay to our national security is incalculable.

v.
ASSORTED ISSUES RAISED BY THE PETITIONS

A.

On Prepositioning

108. Prepositioning cannot be equated with bases, troops, or

facilities in the Constitution. In the context of the EDCA, it is a logistical
detail activity geared towards the operational requirements of activities
conducted under the VFA.
109. The training activities under the VFA require significant
logistical efforts that may be enhanced and made more efficient by the
prepositioning of supplies, equipment, and materiel prior to the actual
conduct of the training activities, especially for recurring activities.
110. As our most recent experience with Typhoon Ruby shows,
prepositioning is essential for HADR operations as it allows rescue and
relief operations to have "one foot in" in terms of ability to respond as
soon as possible.
111. Prepositioning is also justified as an implementation of the
MDT's core principle of Defensive Preparation. A country that seriously
intends to defend itself must construct a national defense apparatus and
adopt a force posture that makes it easier to respond in the case of an
actual armed attack. An important component of defensive preparation is
the prepositioning of defense materials.
112. To be sure, the prepositioning of US materiel, equipment,
and supplies is an activity subject to either the approval of the President as
Commander-in-Chief or the consent requirements under the MDT or the

30

MEMORANDUM

G.R. Nos. 212444, 212426

VFA. Any matter of troops in relation to any prepositioning activity is

always subject to the specific rules of the VFA and must always be
approved by the Philippines.

B.

On Operational Control and Self Defense

Operational control in general

113. Under Article VI.3 of the EDCA:
United States forces are authorized to exercise all rights and authorities
within Agreed Locations that are necessary for their operational
control or defense, including taking appropriate measures to protect
United States forces and United States contractors. The United States
should coordinate such measures with appropriate authorities of the
Philippines.

114. The operational control granted to the US does not refer to the control
over a military base or activity. Control over the Philippine military base
remains with the Philippine military commander while control over an
activity is exercised by the Philippines when it gives its consent and when
it sets the specific parameters of the activity approved. Operational
control is a characteristic inherent in military command and it pertains to
a much lower lever of control-that of a superior officer over a
subordinate. Under the US Department of Defense glossary cited by
petitioners, operational control refers to:
The authority to perform those functions of command over
subordinate forces involving organizing and employing commands and
forces, assigning tasks, designating objectives, and giving authoritative
direction necessary to accomplish the mission.79

115. Within the framework of the permission system under the VFA, a
mission necessarily refers to the activity approved by the MDB/SEB.

116. The APP has a similar concept. The Glossary of the

Philippine Air Force Manual contains a similar definition:
Transferable
79

command

authority

that

may

be

exercised

Department of Defense Dictionary of Military and Associated Terms,

http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf. Emphasis supplied.

by

MEMORANDUM

31

G.R.:Nos.212444, 212426

commanders at any echelon at or below the level of combatant

command. Operational control is inherent in combatant command
(command authority) (COCOM). Operational control may be
delegated and is the authority to perform those functions of command
over subordinate forces involving organizing and employing
commands and forces, assigning tasks, designating objectives, and
giving authoritative direction necessary to accomplish the mission. so

117. Operational control thus extends only to command over

subordinate forces, as required for the accomplishment of a particular
pre-approved activity. The Philippines, pursuant to the consent
mechanisms in the MDT and the VFA, will always have a say in the
activities and objectives to which operational control relates. Article VI.3
of the EDCA simply restates an inherent attribute of armed forces.

Operational control over construction activities

118. Article III.4 of the EDCA grants to the US operational control for
construction activities:
The Philippines hereby grants to the United States, through bilateral
security mechanisms, such as the MDB and SEB, operational control of
Agreed Locations for construction activities and authority to undertake
such activities on, and make alterations and improvements to, Agreed
Locations. United States forces shall consult on issues regarding such
construction, alterations, and improvements based on the Parties' shared
intent that the technical requirements and construction standards of any
such projects undertaken by or on behalf of United States forces should
be consistent with the requirements and standards of both Parties.

119. In the case of construction activities to be carried out by US

forces, operational control is granted through bilateral security
mechanisms. This means that US forces cannot dictate the nature and
scope of construction projects-.these too would be subject to the
consent mechanisms under the MDT and the VFA. Once the objective
for a particular construction activity is set, e.g., build a barracks with
certain specifications, it makes obvious sense to give the force carrying
out the construction activities the level of control necessary to achieve the
objective.

80

Glossary, Annex "A" of the Philippine Air Force Manual, available at

http://www.paf.mil.ph/archive/MANUALS/annexes/Annex%20A%20-%20Glossary.pdf.
Emphasis supplied.

MEMORANDUM

32

G.R. Nos. 212444, 212426

120. Even then, when construction activities approved by the

Philippine government are undertaken by the US, operational control is
always limited in terms of scope (only over the actual construction
activity) and area (only where the structure being constructed is located).

S e!f defense
121. Neither does the authorization for self-defense merit
inordinate concern. Pursuant to the VFA, activities are authorized by the
Philippines through implementing agreements. These implementing
agreements will further define the circumstances and limitations under
which visiting forces may engage in combat. The terms of reference for
military exercises, such as the one considered in Lim v. Executive Secretary,
have consistently prohibited US forces from engaging in combat
operations, except in self-defense. 81
122. In addition to the authority provided by the VFA, the right
can also be located in the individual soldier's right to use force in selfdefense, generally accepted as either stemming from international law, or
the municipal law of the receiving state. 82
123. The authorization extended to US forces is no different from
what any contingent of Philippine soldiers ought to be accorded abroad.
Filipino peacekeepers, including the contingent assigned to the United
Nations Disengagement Observer Force in the Golan Heights, operate
under the Handbook on United Nations Multidimensional Peacekeeping
Operations, which recognizes the right to self-defense:
Appropriate use of force. Since peacekeeping operations need the
consent of the parties to a conflict, military forces under UN command
are not usually required to use force beyond that necessary for selfdefence. Self-defence includes the right to protect oneself, other UN
personnel, UN property and any other persons under UN protection.
The use of force by the military component will depend on the
mandate of the peacekeeping operation and the rules of engagement;
sometimes the Security Council will authorize a peacekeeping
operation to use armed force in situations other than in self-defence.
The circumstances under which the operation may use armed force will
then be spelt out in the relevant resolution of the Council. The rules of
81

Supra note 45.

82

DIETER FLECK, ED., THE HANDBOOK OF THE LAW OF VISITING FORCES,

546 (2001).

MEMORANDUM

33

G.R. Nos. 212444, 212426

engagement for the peacekeeping operation will clarify the different

levels of force that can be used in various circumstances, how each
level of force should be used and any authorizations that may need to
be obtained from commanders. 83

124. Article VI.3 of the EDCA does not refer to the se!f-defense of states,
legitimized through appropriate international processes and requiring the determination
ofjust cause. Rather, the concept is grounded in specific tactical situations
where an armed force is constrained to defend itself through combat. It is
limited in scope (only over the troops being attacked and always subject to
the rules of engagement) and area (the area of conflict). It does not refer
to control over the security of the Philippine military base, the primary
responsibility over which the EDCA explicitly gives to the Philippines. 84
125. Even at the tactical level, it should be noted that the use of
force is not an automatic response to any attack. Both US armed forces
and the APP practice weapons discipline, applying force based on rules of
engagement that can be tailored based on the nature of each mission.
126. The consent mechanisms in place, the limited scope of
operational control, and the explicit provisions of the EDCA granting
primary responsibility over security to the Philippines ensure that the
Philippine government exercises control over its military bases as well as
the activities to be conducted in Philippine soil at the highest levels and
prevent the US, in the guise of security, from assuming overall control.

C.

On Telecommunications

127. US access to and use of a telecommunications system does

not require legislative intervention in the form of a legislative franchise
under Article XII, Section 11 of the Constitution. The system referred to
in the EDCA should be distinguished from the telecommunications
services offered to the public and covered by the Telecommunications
Policy Act of the Philippines:
SECTION 3. Definitions and Interpretations. Act, the following terms shall be used:
83

For purposes of this

Handbook on United Nations Multidimensional Peacekeeping Operations, p. 57. Available

at
http:I/www.peacekeepingbestpractices.unlb.org/Pbps /library/Handbook%20on%20UN%
20PKOs.pdf
84
Article VI.2.

34

MEMORANDUM

G.R. Nos. 212444, 212426

b) Public telecommunications entity - any person, firm, partnership

or corporation, government or private, engaged in the provision of
telecommunications services to the public for compensation. ss

128. Only telecommunications systems owned or operated by

public telecommunications entities, i.e., those that provide services to the
public for compensation, are required to secure a legislative franchise. 86
Clearly, the franchise requirement only applies to telecommunications
providers operating public utilities.
129. The telecommunication system contemplated under the
EDCA will be used exclusively by US and Philippine forces in the context
of activities (such as joint exercises and maneuvers) where inter-operable
communications will be required. By military necessity, these systems will
not be accessible for use by the public, will not be available commercially,
and will only be used for the operational requirements of US and
Philippine armed forces.
130. Finally, the frequencies that will be made avaiable to the US
are only those that are already available to the Philippine military.

D.

On Dispute Resolution

131. The BAYAN Petition argues that the EDCA, in providing a

dispute settlement mechanism in Article XI, deprives the Supreme Court
of its jurisdiction under the Constitution. 87 Article XI of the EDCA
provides:
RESOLUTION OF DISPUTES
The Parties agree to resolve any dispute arising under this Agreement
exclusively through consultation between the Parties. Disputes and
other matters subject to consultation under this Agreement shall not be
referred to any national or international court, tribunal, or other similar
body, or to any third party for settlement, unless otherwise agreed by
the parties.

85

Republic Act No. 7295.

Id. SEC. 16. Franchise. - No person shall commence or conduct the business of being a
public telecommunications entity without first obtaining a franchise.
87
BAYANPetition, pp. 40-43.
86

MEMORANDUM

35

G.R. Nos. 212444, 212426

132. Under Article VIII, Section 5 of the Constitution, the

Supreme Court has jurisdiction to determine the constitutionality of an
international agreement under Philippine law. However, the Honorable
Court does not have the jurisdiction to settle disputes between states.
Any dispute settlement mechanism between states is subject to their
consent under international law.
133. This does not mean, however, that Philippine courts are
deprived of jurisdiction over other disputes. Neither does it mean that the
Philippines has deprived individuals who are non-parties to the agreement
of recourse to the courts. Only the parties to the EDCA-the Republic of
the Philippines and the US-are bound by Article XI. Thus, only disputes
between the parties in relation to the EDCA are controlled by Article XI.

E.

On Nuclear Weapons

134. The EDCA does not violate the "policy of freedom from
nuclear weapons" under Article II, Section 8 of the Constitution. Article
IV.6 of the EDCA provides that "[t]he prepositioned materiel shall not
include nuclear weapons." All prepositioning must be carried out through
bilateral security mechanisms such as the MDB and the SEB. Through the
MDB and SEB, the Philippine Government will regulate the equipment,
supplies and facilities that may be allowed entry into the Philippines.
Article IV.1 of the EDCA providesThe Philippines hereby authorizes United States forces, through
bilateral security mechanisms, such as the MDB and SEB, to
preposition and store defense equipment, supplies and materiel
("prepositioned materiel"), including, but not limited to, humanitarian
assistance and disaster relief equipment, supplies and materiel, at
Agreed Locations. United States forces shall notify the AFP in advance
regarding the quantities and delivery schedules of defense equipment,
supplies and materiel that United States forces intend to preposition in
Agreed Locations, as well as who will make such deliveries.

135. The argument that Article IV.1 of the EDCA only applies to
prepositioned materiel and would not bar the entry of US vessels and
aircraft carrying nuclear weapons is specious and contradicted by the
express provisions of the EDCA. The EDCA is premised on "full respect
for the Philippine Constitution and Philippine laws" 88 and the parties'
88

EDCA, Preamble.

MEMORANDUM

36

obligations under international conventions

biological weapons.

G.R. Nos. 212444, 212426

against chemical and

136. Activities involving the entry of vessels and aircraft will

require the approval of the Philippine Government. Such approval is
circumscribed by a "policy of freedom from nuclear weapons" under
Article II, Section 8 of the Constitution.
13 7. Article IX.1 of the EDCA expressly provides that "[t]he
Parties recognize and acknowledge the importance of protection of the
environment and human health and safety in the context of activities
covered by this Agreement and agree to implement this Agreement in a
manner consistent with the protection of the natural environment and
human health and safety ... " Article IX.2 also states that "[t]he United
States confirms its intent to respect relevant Philippine environmental,
health, and safety laws, regulations, and standards in the execution of its
policies."

F.

On the applicability of local laws

138. Petitioners maintain that the EDCA violates the Labor Code,
the National Internal Revenue Code, the Local Government Code, and
the National Building Code, among others.
139. Two reasons should sweep aside petitioners' assorted
objections to the EDCA140. A sovereign nation cannot be bound by the laws of another.
The Republic of the Philippines, as a sovereign state, may apply its laws to
its subjects and within its territory. It is inherent in statehood, and a
functional requirement in international relations, that a state's local laws
cannot bind another sovereign state. This immunity from jurisdiction
applies to contingents of US Armed Forces allowed to enter the country.
The rule in international law is that a foreign armed forces
allowed to enter one's territory is immune from local jurisdiction,
except to the extent agreed upon. The Status of Forces Agreements
involving foreign military units around the world vary in terms and
conditions, according to the situation of the parties involved, and
reflect their bargaining power. But the principle remains, i.e., the
receiving State can exercise jurisdiction over the forces of the sending

37

MEMORANDUM

G.R. Nos. 212444, 212426

State only to the extent agreed upon by the parties. 89

141. The Supreme Court in Bt!Jan v. Rnmulo recognized that states

may concede aspects of sovereignty through an agreement:
By their nature, treaties and international agreements actually
have a limiting effect on the otherwise encompassing and absolute
nature of sovereignty. By their voluntary act, nations may decide to
surrender or waive some aspects of their state power or agree to limit
the exercise of their otherwise exclusive and absolute jurisdiction. The
usual underlying consideration in this partial surrender may be the
greater benefits derived from a pact or a reciprocal undertaking of one
contracting party to grant the same privileges or immunities to the
other. On the rationale that the Philippines has adopted the generally
accepted principles of international law as part of the law of the land, a
portion of sovereignty may be waived without violating the
Constitution. Such waiver does not amount to an unconstitutional
diminution or deprivation of jurisdiction of Philippine courts. 90

142. Without the consent of the US, petitioners cannot insist on

the application of the country's taxes, labor laws and building codes.
143. With specific reference to taxes, the EDCA contemplates an
assumption of taxes by the Philippine Government and not an exemption from
taxes of the US forces and US contractors. Article VII states:
Article VII
UTILITIES AND COMMUNICATIONS
The Philippines hereby grants to United States forces and
United States contractors the use of water, electricity, and other public
utilities on terms and conditions, including rates or charges, no less
favourable than those available to the AFP or the Government of the
Philippines in like circumstances, less charges for taxes and similar fees,
which will be for the account of the Philippine Government. United
States forces' costs shall be equal to their pro rata share of the use of
such utilities.
1.

144. Under the EDCA, taxes on the use of water, electricity, and
other public utilities by the US forces and US contractors will be for the
89

Nico/as v. Romulo, supra note 8, citing DIETER FLECK, ED., THE HANDBOOK OF THE L'\.W

OF VISITING FORCES (2001).

90

Supra note 37.

38

MEMORANDUM

G.R. Nos. 212444, 212426

account of the Philippine Government. This is clearly not a tax

exemption, which, under the Constitution, can only be granted by
Congress. 91

145. The assumption of taxes by the government is not unknown

in this jurisdiction. Tax assumption clauses are commonly found in BuildOperate-Transfer (BOT) contracts with the government as an incentive
for private corporations to take part and invest in Philippine industries. 92
It is reasonable to assume that the assumption of taxes by the Philippine
Government was in exchange for the greater benefits that the country will
derive from the agreement.
PRAYER

WHEREFORE, it is respectfully prayed that:

1) The application for a Temporary Restraining Order and/or Writ
of Preliminary Injunction be DENIED; and
2) The petitions be DISMISSED for LACK OF MERIT.

Respondents pray for other just and equitable reliefs under the
prerruses.
Manila, 15 December 2014.

OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village
1229 Makati City
Tel. No.: 8186301 to 09 (Trunkline)
Fax No.: 8176037
Website: W\Vw.osg:gov.ph
Email: docket@osg.gov.ph

91

Article VI, Section 28(4): No law granting any tax exemption shall be passed without the
concurrence of a majority of all the Members of the Congress.
92
See National Power Corporation v. Province ofQuezon, G.R. No. 171586, 15 July 2009.

39

MEMORANDUM

G.R. Nos. 212444, 212426

~;,

FWRIN

if.~(t~

Roll No. 44957

IBP Lifetime No. 08505
MCLE Exemption No. IV-001068, 5-14-13

EME~~~z

Associate Solicitor
Roll No. 56723
IBP No. 953502, 01-08-14
MCLE Compliance No. V-0002900, 07-09-14

IBP Lifetime No. 012977

MCLE Compliance No. N/A

MARIAG
Asj;ciate Solicitor
Roll No. 61899
IBP No. 954310, 1-9-14
MCLE Compliance No. N/A

~~~
Associate Solicitor
Roll No. 62511
IBP No. 965933, 4-3-2014
MCLE Compliance No. V-0003278

AssociclJ(Solicitor
Roll No. 61900
IBP No. 954309, 1-9-14
MCLE Compliance No. N/A

40

MEMORANDUM

G.R. Nos. 212444, 212426

RAMONANTO-ttt;;ANDAN
Associate S olidtor
Roll No. 63042
IBP No. 96846, 4-15-14
MCLE Compliance No. N/A

AS. RUIZO
ssociate S olidtor
Roll No. 63351
IBP No. 967967, 3-31-14
MCLE Compliance No. N /A
,/

MA.GOLD

.MINOZA

IBP No. 968275

MCLE Compliance No. V-0004533, 11-11-14

Copy Furnished:

HARRY L. ROQUE
ROMMEL R. BAGARES
ETHEL C. AVISADO
Roque & Butuyan Law Offices
Counselfor Petitioners in G.R No. 212426
1904 Antel Corporate Center
121 Valero St., Salcedo Village
Makati City

RACHELF. PASTORES
AMYLYN B. SATO
FRANCIS ANTHONY P. PRINCIPE
SANDRAJILL S. SANTOS
CARLOS A. MONTEMAYOR, JR.
Public Interest Law Center
Counselfor Petitioners in G.R No. 212444
4/F Kajia Bldg., 7836 Makati Avenue

MARIA KRISTINA C. CONTI

MANEEKA ASISTOL SARZA
National Union of People's Lawyers
Coimseifor Petitioners in G.R No. 212444
3 /F Erythrina Building
No. 1 Matatag cor. Maaralin Sts.
Central District, Quezon City

REMEGIO D. SALADERO, JR.

NOELV.NERI
VICENTE JAIME M. TOPACIO
Pro-Labor Legal Assistance Center
Counselfor Petitioners-in-Intervention

Executive Secretary
OCHOA, JR.

PAQUITO

N.

Office of the President, Malacaiian

Manila

Secretary VOLTAIRE GAZMIN

Department of National Defense
DND Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon
City

Secretary ALBERT DEL ROSARIO

Department of Foreign Affairs
DFA Bldg., Roxas Blvd., Pasay City

Secretary FLORENCIO ABAD

Department of Budget and Management
J.P. Laurel Sr. St., Malacaiian Palace, Manila

General EMMANUEL T. BAUTISTA

Office of the Chief of Staff, Armed Forces
of the Philippines
DND Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon
City

Undersecretary FRANCISCO BARAAN

III
Department of Justice
Padre Faura St., Legaspi Village
Makati City

No. 33-B E. Rodriguez Sr. Avenue, Quezon

City

RENE A.V. SAGUISAG, SR.

Counselfor Petitioner-in-Intervention
4045 Bigasan St., Palanan
1235 Makati

LORENZO
Undersecretary
PIO
BATINO
Assistant Secretary RAYMOND JOSE
QUILOP
Department of National Defense
DND Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon
City

Ambassador LOURDES YPARRAGUIRRE

DFA Bldg., 2330 Roxas Blvd., Pasay City

Ambassador]. EDUARDO MALAYA

DFA Bldg., 2330 Roxas Blvd., Pasay City

EXPLANATION
(Pursuant to Rule 13, Section 11 of the
l 997 Rules of Civil Procedure)
This Me111rmmdN111is being served by rcgislercd mail clue to lack of sufficient personnel i11
lhe Office of the Solicitor General lo effect personal service.

'

MARIA/~/'~

BASE

REPUBLIC OF THE PHILIPPINES

AFFIDAVIT OF SERVICE
(Revised as of April 1992)
"'::::;1ARO Y. BAU:ISTA AOV

I,

OFFICE OF THE SOLICITOR GENERAL ,

with Office address at 134 Amorsolo St., Legaspi Village Makati City, after being sworn to depose and say:
That on

12/15/2014

, I caused to be served a copy of the following pleading/paper:

NATURE OF THE PLEADING

MEMO..ttilNJJUM.

In case No.
VS.

G.R. SP NO. 212444

entitled BAGONG ALYANSANG MAKABAYAN (BAYAN) REP BY

DEPARTMENT OF DEFENSE SEC. VOLTAIRE GAZMIN, DEPARTMENT OF FOREIGN AFFAIRS SEC.

-suant to Section 3,4,5 and 10, Rule 13 of the Rules of Court, as follows:
By Personal Service To:
SC
MANILA,, Philippines

( ) By depositing a copy to the party or his/her attorney

on
as shown on p _ __
( ) By leaving a copy in his/her clerk or with a person
having charge thereof on
as shown on p
( ) By delivering a copy to the Court/Tribunal Office on
_ _ _ _ as shown on p _ __

By Registered Mail To:

ice Undersecretary FRANCISCO BARAAN
partment of Justice
Padre Faura St., Legaspi Village
Makati City
, , Philippines
PIO LORENZO BATINO
Defense Undersecretary
ONO Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
, , Philippines
Atty. REMEGIO D. SALADERO, JR. Atty. NOEL
Pro-Labor Legal Assistance Center
Counsel for Petitioners-in-Intervention
No. 33-B E. Rodriguez Sr. Avenue, Quezon City
, , Philippines
General EMMANUEL T. BAUTISTA
Office of the Chief of Staff, Armed Forces of the
Philippines
DND Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
, , Philippines
RAYMOND JOSE QUILOP
DND Asst. Secretary for Strategic Assessments
DND Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
, , Philippines

~~
( ) By depositing copy on
,i c)i
in the Post
Office at _________ a:he\/idenced by Registry
Receipt(s) No.(s)
,'.\,
hereto attached and
indicated after the nC!me (s) of the addresse(s), and
with instruction to the postmaster to return the mail to
the sender after (10) days if undelivered.

Atty. HARRY L. ROQUE Atty. ROMMEL R.

ROQUE & BUTUYAN LAW OFFICES
Counsel for Petitioners in G.R. No. 212426
1904 Antel Corporate Center
121 Valero St., Salcedo Village
Makati City
, , Philippines
Secretary VOLTAIRE GAZMIN
Department of National Defense
ONO Bldg., Segundo Avenue
Camp General Emilio Aguinaldo, Quezon City
, , Philippines
Atty. RACHEL F. PASTORES Atty. AMYLYN B.
Public Interest law Center
Counsel for Petitioners in G.R. No. 212444
47F Kajia Bldg~7836 Makati Avenue
, , Philippines
Secretary FLORENCIO ABAD
Department of Budget and Management
J.P. Laurel Sr. St.,Malacariang Palace, Manila
, , Philippines
Atty. MARIA KRISTINA C. CONTI Atty.
. ltional Union of People's Lawyers
'vounsel for Petitioners in G.R. No. 212444
3/F Erythrina Building
No. 1 Matatag cor. MaaralinSts.
Central District, Quezon City
, , Philippines
Ambassador J. EDUARDO MALAYA
DFA Bldg., 2330 Roxas Blvd., Pasay City
, , Philippines
Secretary ALBERT DEL ROSARIO
Department of Foreign Affairs
DFA Bldg., Roxas Blvd., Pasay City
, , Philippines
Executive Secretary PAQUITO N. OCHOA, JR.
Malacaiiang Palace, J.P. Laurel Sr. St., Manila
( ' , ~hilippines
--; . iy. RENE A.V. SAGUISAG, SR.
Counsel for Petitioner-in-Intervention
4045Bigasan St., Palanan
1235 Makati
, , Philippines
Ambassador LOURDES YPARRAGUIRRE
DFA Bldg., 2330 Roxas Blvd., Pasay City
, , Philippines

Makati, Metro Manila, Phililippines

(r
p"

("

\?\
- - - - - - - - - - - - - - - - - -

'<fc~:1
SUBSCRIBED AND SWORN to before me lhis
City, Philippines. Affiant exhibiting to me his
r,<"'' "'

llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll
14-014771-0014

of
"".

11

at Makati

w1 r.~d at Pasay City.

CArAUNA SHINETA M. TARE-PALACIO

Solicitor, Officer Administering the Oath
Office of the Solicitor General

VERIFIED DECLARATION

I, MARIA GRACIELA D. BASE, hereby declare that the

documents hereto submitted electronically in accordance with
the Efficient Use of Paper Rule are complete and true copies of
the documents filed with the Supreme Court.

MARIA G
'"'
Assodate Solicitor
December 15, 2014

SUBSCRIBED AND SWORN TO before me on this 3R0

day of December 2014, affiant exhibiting his OSG Employee ID
No. 2013-07002.

CATALINA SHINETA M. TARE-PALACIO

State Solicitor

erlcaort<
.~orJJ.~City 0
..

<cc . . . ., .

!.

Lfi:NN E~~;:-~::- .. -~~~-~:~,,

No. 1082

The Embassy of the United States of America presents its compliments to

. the Department of Foreign Affairs of the Republic of the Philippines and has the
honor to refer to its-Note No,. 14-2226, dated June 18, 2014, informing the

United Sta~es of completion of the Republic of the Philippines' internal

requirements for the entry into force of the Agreement between the Government
. of the United States of America and the Government of the Republic of the
(.

Philippines on Enhanced Defense Cooperation, signed at Quezon City on April

28, 2014 (the "EDCA,,).

The Embassy of the United States of America has the honor to inform the
{.

Department of Foreign Affairs of the .Republic of the Philippines that the

Government of the United States of America has.also completed all necessary
, internal procedures required for the entry into force of the EDCA. Therefore, in
accordance with Article XII of the Agreement, the .EDCA shall enter into force
on the date of this. reply note.

The Embassy of the United States of America avails itself of this

opportunity to renew to the Department of Foreign Affairs ofthe Republic of the
Philippines the assrances of its highest consideration.

Embassy of the United States of America,

.. Manila, June 25, 2014.
DIPLOMATIC NOTE

~)-6:,/;k/l'f
(

. /

{PL.It

[Aii~~=
Exec1JtiVfi! Agr~errierits 'l '13ilater:al,
Date of
Slgnat1,1re
17-0ct-14'

Memorandum of Understanding on the Establishment of a Political

Consultations Mechanism between the Department of Foreign Affairs of the
Republic of the Philippines and the Ministry of Foreign and European Affairs of
the Slovak Republic

Slovak
I
iRepublic

17-Sep-14
!Administrative Arrangement between the Chairman of the national Commission
for Culture and the Arts of the Republic of the Philippines and the Minister of
Culture and Communication of the French Republic on the 2014-2017 Executive
Program of the Agreement of Cultural Cooperation between the Government of
the Republic of the Philippines and the Government of the French Republic
jF~~~-;-------~M~mo.rand~m-~f Und;~~tanding fo-;-A~;demic Collabor~tion be-tw~enth;---i----ll~S-~p--l4
France

Development Academy of the Philippines (DAP), Philippines and Ecole Nationale

'
d'Administration (ENA), France
,.. -..-- -.... ___ ..__._..r... -----.... --- ------- _______..... ___________.. _______________....______,, _______ ._ __ ------------ - - - - --- ______..._ -----r----_
. _______. ____ . ___ .
1Germany
Cooperation Agreement between the Technical Education and Skills
14-Sep-14
Development Authority (TESDA) and the Federal Institute for Vocational
Education and Training (BIBB)
!

.- - - - _ _ _
!Thailand

!Japan
'
,

!Memorandum of Agreement between the Government of the Republic of the

Philippines and the Government of the Kingdom of Thailand on the

12-Sep-14

~_r:_ocu r:_~ent of T~~~_:"_'_h it:__~!_~:________ ,_.________________________________ , ___ . _.._ ----------- . ____

Memorandum of Understanding between the Department of Science and
Technology of the Republic of the Philippines and the Ministry of Internal Affairs
and Communication of the Government of Japan on the Cooperation in the
Field of Information and Communications Technology

23-Jun-14

l1~d~~~si~- ---1~~::~:~~~~~~=~!~~-~~~~;~:~~:~~~t~~-:c~~~~t~fet~:~:il~~~-~~~;~deth-;1-23-~r;.,,-;y~l4.-.
:

l~xlusive Economic Zone Boundary

'_Egypt

Memorandum of Understanding on Tourism Cooperation between the

Government of the Republic of the Philippines and the Government of the Arab

,- . ___,_., - " -------------r.----------------.-..--------------------..-------------._________________ -------- -----1---------- ---- - - '.

r_: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

;. _ _ _ . _. _.
!Egypt
:
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r"'" --

-- -

~epubl~~~~ypt ---------..----------.....____,,____ ,_,__________,______....____ 11_.,____________ Agreement between the Government of the Republic of the Philippines and the
18-May-14'
Government of the Arab Republic of Egypt on the Waiver of Visa for Holders of

!Egypt

~iplo_rn_!ti~-~~:i:i-~rt~---------------- ___________________________.. __________,___ ._ ...... ---- ..... __

Memorandum of Understanding on Cooperation between the Philippine
Chamber of Commerce and Industry and the Federation of Egyptian Chambers
of Commerce

--------

________. _ _ _ _ _ . _ .
12-May-14

l1_ _, _ _, _ _ - - - . -

-------fc----. ------------------------------------- -------..--------------------..-------..---- ________

!United States Agreement between the Government of the Republic of the Philippines and the
iof America
Government of the United States of America on Enhanced Defense Cooperation
r_ -

18-May-14'

28-Apr-14

--------1----..----------------- -------..-----------------------------..------------------ -----------.. .---.. -.. ]__________. ____ , . ---- - .

!South Korea
:
:
;

Memorandum of Understanding between the Department of Labor and

Employment of the Republic of the Philippines and the Ministry of Employment
and Labor of the Republic of Korea on the Sending and Receiving of Workers to
the Republic of Korea under the Employment Permit System

08-Apr-14

;Turkey

1Memorandum of Understanding for Cooperation between the Foreign Service

Institute of the Republic of the Philippines of the Department of Foreign Affairs
of the Philippines and the Diplomacy Academy of the Ministry of Foreign Affairs
of the Republic of Turkey

28-Mar-14

f" ________ ...... --~-----------------------------------------------------r-------------- -

'_ ----- - --------

!Bangladesh
:
.1.:_______________
1

jMalaysia

-----------..--------------<------------------------------------1---------------

Agreement between the Government of the Republic of the Philippines and the
Government of the People's Republic of Bangladesh on the Waiver of Visa

________
1
06-Mar-14

----r:Re~~~:_~~~~-!or Hol~_e.rs of D.,P~~~a!i~~~--?_!!i~i~!_Passpo~~----------- _________

Memorandum of Understanding between the Government of the Republic of

28-Feb-14
the Philippines and the Government of Malaysia on Co-operation in the Field of
i
Education
,-- -------... ----T---------------------------------------------------------------------------- T.. -------------------iM alaysia
1Agreement between the Government of the Republic of the Philippines and the 1 28-Feb-14

~xecutive Agreement~ ~ Bilateral

, Date of
,. Sign~ture

Title:
Government of Malaysia on Cultural, Arts and Heritage Co-operation
iVietnam

Protocol between the Government of the Socialist Republic of Vietnam and the
Republic of the Philippines to amend the 2010 Memorandum of Agreement
between the Government of the Socialist Republic of Vietnam and the Republic
of the Philippines on the supply of Vietnamese Rice to the Philippines

06-Jan-14

'South Korea

Record of Discussions (ROD) between the Korea International Cooperation

Agency of the Republic of Korea and the National Telecommunications
Commission of the Republic of the Philippines on the Establishment of a Radio
Frequency Monitoring and Direction Finding System in Metro Manila

20-Dec-13

IUnited States !Memorandum of Understanding between the Government of the Republic of

1of America
the Philippines and the Government of the United States of America Regarding
Cooperation in the Restoration, Operation and Maintenance of Clark Veterans
Cemetery

16-Dec-13

.----- ------

..

______ [____________________ ----------------------------- - ---------------- ---------- ------- -------- ---------------------- ------------

:Japan

------------

Exchange of Notes on Maritime Safety Capability Improvement Project for the

Philippine Coast Guard

13-Dec-13

is~~th K~~;~--jR;~~~ci-~Toi;~~;~i~~ b-;t-~;~;;-th;Ko~;~ International Cooperation Agency of

11-Dec-13

the Republic of Korea and the Philippine Atmospheric, Geophysical and

Astronomical Services Administration of the Republic of the Philipines on the
Establishment of Communication, Ocean and Meteorological Satellite Analysis
in the Philippines

i1taly
I

-----i------- ------------------------------------------------ -------------- ----------- ------------------------ ------- ---- ------

!---------- __________

!Myanmar

Protocol Amending the Convention between the Republic of the Philippines and
the Italian Republic for the Avoidance of Double Taxation with Respect to Taxes

-------- ---- ----- 09-Dec-13

?~_1_~~~~~~- th:__~~~ventio~ of Fiscal Evasion _______________________________ 1. ____ ----------------"

Memorandum of Understanding between the Government of the Republic of

the Philippines through the Department of Agriculture and the Government of
the Republic of the Union of Myanmar through the Ministry of Agriculture and
!Irrigation on Food Security and Agricultural Cooperation

05-Dec-13

Agreement between the Government of the Republic of the Philippines and the
Government of the Republic of the Union of Myanmar on Visa Exemption for

05-Dec-13

,:- ------------------------r-- -------- ------------------- -----------------------------------------------------------------,---------------------!Myanmar

________________ 1.Ho~er~?f Ordin~i:y Pas:?~~_s__________

_________________
1
!Myanmar
Memorandum
of
Understanding
between
the
Government
of
the
Republic of
I
the Philippines and the Government of the Republic of the Union of Myanmar

T.__________________,
05-Dec-13

._: _________________________

!Myanmar
,

!_~~-coo?~ra!io~~-~-~~-~-~-~n~nv:stme~-------------------------------r--------------- ________ _

Memorandum of Understanding on Information between the Presidential

Communications Operations Office of the Republic of the Philippines and the
jMinistry of Information of the Republic of the Union of Myanmar

_ - - - - - - - --1------------

!Myanmar

i
t

05-Dec-13.

---------------------------------1------------------------_
05-Dec-13

Memorandum of Agreement between the Philippine Chamber of Commerce

and Industry and the Republic of the Union of Myanmar Federation of
Chambers of Commerce and Industry

Pola~d-----rremorandum of Understanding between the Commissio~~~ighe-;:Ed~cat-io~T- 27-Nov-Ll

;
:
:!Papua New
Guinea
.

of the Republic of the Philippines and the Minister of Science and Higher
Education of the Republic of Poland on Cooperation in Higher Education
Memorandum of Agreement on Labor Cooperation between the Government of
the Republic of the Philippines and the Government of the Independent State of
Papua New Guinea

!Israel
.

Memorandum of Understanding between the Government of the Republic of

the Philippines and the Government of Israel on Air Services

07-Nov-13

:Slovenia

Memorandum of Understanding on the Establishment of a Political

Consultations Mechanism between the Department of Foreign Affairs of the
Republic of the Philippines and the Ministry of Foreign Affairs of the Republic of
Slovenia

01-Nov-13

------
26-Nov-13

-------------------------~-----------------------------------------------------------------------------------1--

:-.---_---------- -----_-- ----1------------------.-------------- --------------------- --------------------------------------------------------------------------------- -1 ------ ------ ----------

:--------- -------- --------1---------- ------------------------------------------------------------------------------ -------------- -------- ------

E><ec1Jtive.Agreements "' Bila~erc:1I

Contracting

Date of
.Signature

Title

party

- -

!.i~=y=~=~I=~ ----~po~~~-Co~~~~~:_~--~==-t!_n.~------------------------------------------------------------------------------r' _---~-~-~~=t~!3

Memorandum of Understanding on Cooperation in the Field of Sports between
17-0ct-13

iSouth Korea
'

the Philippine Sports Commission and the Ministry of Culture, Sports and
Tourism of the Republic of Korea

: - -------------------fi------------------- ------------------------------------------------------------------------------------------- --1 -- ------------ ------ -iMauritania

oint Communique on the Establishment of Diplomatic Relations between the

Republic of the Philippines and the Islamic Republic of Mauritania

r---- ---- ------ -------------,-------------- ------------------ -------------------------------------------- ----------------------------------------- --

Kazakhstan

Memorandum of Understanding on Political Consultations between the

Department of Foreign Affairs of the Republic of the Philippines and the
Ministry of Foreign Affairs of the Republic of Kazakhstan

30-Sep-13

----- -- ,-- ---- ----- -

27-Sep-13

.,--- ---------------------------------------------------- ------------- ------------------------------------ ---- -------- ------ --- ----- --- ---1 ---- ---- - ---------------

IJ apan

Records of Discussions between the Government of the Republic of the

Philippines and the Government of Japan on Air Services Agreement

13-Sep-13

;------------- ---------!--------------------------------------------------------------------------------------- ---- r--- --- -----------1u nited Arab Memorandum of Understanding on Political Consultations between the
10-Sep-13
Department of Foreign Affairs of the Republic of the Philippines and the
Ministry of Foreign Affairs of the United Arab Emirates
------- ---------- -------- -------------- - -------- --------------------------------- ---------- ------------------------- --- ------ -- -- - - -1 Agreement
between the Republic of the Philippines and the Federal Republic of
09-Sep-13
!Germany
Germany for the Avoidance of Double Taxation with respect to Taxes on Income
and on Capital
----- --- - -------------1------------------------- --- ------------------- -- --- ----- ---------------- ----- ----- ---- - -- ----- --- -- --------------- ---- -- -------- -------- ---- - -- -- -r--------------- ----- - --Italy
Records of Discussion
05-Sep-13

:Emirates

(-

-----------,------------------ ----- - - ---------------------------------- -------- - - - -- ------------------ - - -------------- -------. ------------- --- 1-- ------ --- ------- ---

!Bahrain

Memorandum of Understanding between the Department of Foreign Affairs of

the Republic of the Philippines and the Ministry of Foreign Affairs of the
Kingdom of Bahrain on Bilateral Consultations

!Poland

Memorandum of Understanding between the Department of National Defense I

of the Republic of the Philippines and the Minister of National Defense of the
Republic of Poland Concerning the Development of Bilateral Relations on
Defense

31-Jul-13

Czech
!Republic
:

Agreement between the Government of the Republic of the Philippines and the I
Government of the Czech Republic on Cooperation in the Fields of Culture,
Education, Science and Sports

25-Jul-13

1___
----------------------------------------- - -

rii;ig;~;;-------~i;;-tPla~~TActi~~i~ Fi;lds-of Mutu~li~tere~tB~tween th;Go~er-;:;-ments- of___

(-'.

i-----------------i-----------------'

20-Aug-13

l0-Jul-13

the Republic of the Philippines and the Kingdom of Belgium

1------------------'
Arrangement for the Implementation of the Project Indigenous Practices for
02-Jul-13
Conservation of Biodiversity and Climate Change Adaptation in Northeast.
Mindanao
,------------------,---------------------------------------------------------- ---------------------------------------- ---- -------
28-Jun-13
!Switzerland Agreement between the Government of the Republic of the Philippines and the I
I
Government of the Swiss Confederation Establishing a Joint Economic
1Commission

!Germany

~----

Convention between the Government of the Republic of the Philippines and the
Government of the Kingdom of Thailand for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with Respect to Taxes on Income
r----------- ---- ----------i------------------------------------------ ---------------------------- ---------------------------- - --- --------- 1

!Thailand

.--.IA~~!~~~i~ -------~R:_~ords o!_-iscu~~ion --------------------------------- __.___________

21-Jun-13

--------

____ !~::!~_n_~-~~-

iBrazil

Memorandum of Understanding between the Aeronautical Authorities of the

20-May-13
Federative Republic of Brazil and the Republic of the Philippines
1
~-----------------r-------------------------------------------------------------------- ------------ --------,- ----------------------- ---- iSaudi Arabia 1Agreement on Domestic Worker Recruitment between the Ministry of Labor of
19-May-13
the Kingdom of Saudi Arabia and the Department of Labor and Employment of
the Republic of the Philippines

:---.---------

IBangladesh

1----- ---

!Cultural Exchange Programme between the National Commission for Culture

and the Arts of the Government of the Republic of the Philippines and the
Ministry of Cultural Affairs of the Government of the People's Republic of
Bangladesh for the Year 2013-2017

------1-.
-Joint Declaration of Intent between the Philippine Sports Comm1ss1on of the

:Germany

---------:------------------------------:-~----~-

13-May-13

------------------~---:-------------------

26-Apr-13

~x~(:~tiv~ Agreement$.,. Bil~terah:~ .

Pate of
. Sigrwture

Contractfrig
party.
Republic of the Philippines and the Federal Foreign Office of the Federal
: --- .. -.. ________ 11~~p~~~~~f-~-=-~~~l"l_y______________ ----------------------------------------- -!Papua New
Record of Discussion on Air Services between the Republic of the Philippines .

--i-------------- -

___
m bod ia
l1Ca~.~-~i~-=~--

24-Apr-. 13

a n~~=-~~~:_p~n_9_:~.!_~tat~of P-~~~~~~ G~-':1_~~--------------------------- ---r- ---------- ------Memorandum of Agreement between the Government of the Republic of the
04-Apr-13
Philippines and the Royal Government of Cambodia on Rice Trade

... --- ---- ------ ---r---------- ------ ------------- - ----------------- -------- ---- ------------------------ ---------- . . - ..., . - . . --- --------iczech
:Republic

' -- - --

Memorandum of Cooperation between the Department of Finance of the

Republic of the Philippines and the Ministry of Finance of the Czech Republic

23-Mar-13

Memorandum of Understanding between the Philippine Sports Commission of

the Republic of the Philippines and the Ministry of Sport of the Federative
Republic of Brazil on Sports Cooperation

22-Mar-13

. ,. . --------------- - -- - --- --- ----------- ------ ---------------------------- ------- ------ ---- -- ....... -i - --- - ------ -

Brazil

~~~;---~:~~~~~:~~!~~~~~~~,r~~~
:

-----1------------------------- ----------- --------------------------- -- --------- - -- - - --i---- --- --- ---- .!Mongolia Sports Cooperation

r -- ------

!Germany

Agreement Conc~~ning. the Placement of Fili~ino Health Professionals in

Employment Pos1t1ons in the Federal Republic of Germany

19-Mar-13

,Spain

[Memorandum of Understanding between the Department of Science and

I
Technology Information and Communications Technology of the Republic of the
Philippines and the State Secretariat for Telecommunications and the
Information Society of the Ministry of Industry, Energy and Tourism of the
Kingdom of Spain with regard to the Cooperation in the Field of Information and

18-Mar-13

!-------------- ----------------------------------------------------,------

------------------C~~~.':~!ca~ion:_~~-~~ol~~L---------------------------------------
i-----------
Memorandum of Understanding on Anti-Corruption between the Office of the
11-Mar-13

r.
iVietnam

Ombudsman and Republic of the Philippines and the Government of

; _____ __ _ __ 1~:~_::!_~~-~e o~:_:>_oc~~!_:~~e~~blic_~f V~tn~~------------------------- ________ ___-----------ISouth Korea Memorandum of Understanding between the Department of Trade and
17-Jan-13

Industry of the Republic of the Philippines and the Ministry of Knowledge

Economy of the Republic of Korea on Trade and Economic Cooperation

--.----- - --- ----------- - - ----------------------- ------...------------------------ -- -------- - - .. -- --- .. _____ ],1...... __
-- -- - .. - .
!United States Memorandum of Understanding between the Philippine National Police and
14-Dec-12
1of America
New York City Police Department on Cooperation in Preventing and Combating
Transnational Crimes
-------~

_,,

,,_,,

'. . ____ . ______ . . ----1-------.

. ----------- . ----------------------------------..---------------.. ------------ - -- - r--- .......11-Dec-12
_---- ---"
oint Plan of Action between the Governments of the Republic of the

!United
!Kingdom

Philippines and the United Kingdom of Great Britain and Northern Ireland

[united-IKingdom

!Agreement between the Govern~ent of the Republic ~fthe Philippine;-;;;nd

Government of the United Kingdom of Great Britain and Norhtern Ireland

. -- -

thei----11~-D~~::J:2

-----i~~_ri-~em~g-~~~:~~:_::_____ -----------------------------------------------------r--

:South Korea
.
'

------ --- - __,

Memorandum of Understanding Between the Department of Science and

Technology of the Republic of the Philippines and the Ministry of Public
Administration and Security of the Republic of Korea on Cooperation in
Information and Communications Technology

19-Nov-121

r - ------- - --- -------,-------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ..---------.. ------,- ----..--------- .

!Taiwan

Memorandum of Understanding between the Taipei Economic and Cultural

Office in the Philippines and the Manila Economic and Cultural Office in Taiwan

18-Nov-12

:... ------- ____.. ____~,on <:9~>-~-~~~ion H~alt~=~~~~-=-~--------- ____________________________ ------ --,------..--------..--1Thailand

Memorandum of Understanding between the Government of the Kingdom of
14-Nov-12
.
Thailand and the Government of the Republic of the Philippines Relating to Air
'
Services

:~~~:~~an-. -- -r~~~~n~'.~~~~:e~;;i~~ ~~~:~~~~hic~:~s~~[:-~;tF~:~;~1i1Pf~~~~~~ci-th-~-E~-r; p-~~~1 - o7-N~-v-i2:

~

____ , _____ --.. . --"--i---- __________, ______, ____.______________ , ___. . ___ -- --- ----------------------------------..--..--- --- 1"

1Australia

.................... ..

Agreement between the Government of the Republic of the Philippines and the
Government of Australia Relating to Air Services

,________________________________

24-0ct-12

,--------- ....... ________

.. __ --------- --- ------- ----- - - - - - .... --- .... ...... . ---- ............. _._ - - ,,_ --- - ---- !Spain
Sports Cooperaiton Programme between the Philippine Sports Commission and J 23-0ct-12
-

i:xc;:utiv~
c;~>ntracting

Agreemerits ., ~ile1tere1I
- Oat~ of

Title

party

Signatur~

!_~~--~i~~-~-~~~~!!~~~!:l~_r!_~!_~__r:>~!n_~~-~E_orts_~?-~P-~-~~-~~_n_________________________ __________________ _
INew Zealand Agreement on a Working Holiday Scheme between the Government of the
23-0ct-12
Republic of the Philippines and the Government of New Zealand
1
-_ - ---- -- --- -- -- --- -----1-------------------------------------------------------------------------------------------------------------- --------__ --- --_
;spa in
Agreement of Collaboration on the Mutual Recognition of Higher Education
23-0ct-12
Studies and Academic Programs between the Commission on Higher Education
of the Republic of the Philippines and the Ministry of Education, Culture and
____________________________

I_ _ _ _ - - _-_- - - -

_ ______________,5.P~!~ of t~:_~!~~~~-'11--~~-~!1.~-i~------- ____ _______ _ __ __ __ _ ___ _ __________________ ___ ___

!New Zealand !Memorandum of Arrangement between the Department of National Defense of I
the Republic of the Philippines and the Armed Forces of the Philippines and the
Ministry of Defence of New Zealand and the New Zealand Defence Force
Concerning Defense Cooperation
----------- -------- -----------1------------ ---- ------------------ -- --------------------------------- ----------------------------------------- --- -- iFrance
Agreement between the Government of the Republic of the Philippines and the
Government of the French Republic on the Philippine Exhibition at the Quai

_________ _
23-0ct-12

---i-----------------19-0ct-12'

l---------~1 Branly Museum_

_______________________________________________ ______________
!France
Declaration of Intent between the Government of the Philippines and the
1 19-0ct-12'
!
Government of the French Republic relating to a study for energy production
,
from biomass
-------- ----- - - ---------- ---- --------- -- ---- ---------- ------ ---- ----------- - . ------ --- ..---

------ - --

--

-~--

--

. ----

_ _ _ _ _ _ _ _ _ _ _ _ _:
1

-- ------- ---- -

02-0ct-12

Memorandum of Understanding between the Philippine National Poilce and the

Australian Federal Police on Combating Transnational Crime and Developing

Australia

Po lic~-~-?-~P:.I"~~~~ ___ ----------------------------------------------------------------[ _______________,

Memorandum of Agreement between the Government of the Republic of the
27-Sep-12
Philippines and the Government of the Republic of South Africa on the
Establishment of a Bilateral Consultative Forum

!South Africa
,
i

1-------------------- -----------------------------------

------------

----------- ----------~!----------

1Saud i Arabia Memorandum of Understanding between the Aeronautical Authorities of the

i
Government of the Republic of the Philippines and the Government of the
;
Kingdom of Saudi Arabia
~------~-------------iPortugal
Agreement on Social Security between the Republic of the Philippines and the

------

25-Sep-12

-----------r---------------"
14-Sep-12

1
_

:----------------- -----------~P~!:!ug~es:_~-':l~~i_c----------------------------------------------------------------]- ________________ _

!Argentina
Memorandum of Understanding between the Philippine Sports Commission of
14-Sep-12
the Republic of the Philippines and the Secretariat of Sports of the Argentine
Republic on Sports Cooperation
,--------------~---------------------------------------------------------------------------

IDenmark

--- _____

____

Agreement on Social Security Between the Republic of the Philippines and the

l---------------~Ki~gdom_~!_~~~-a rk_______________________________________________________________________

!United Arab

06-Sep-12

________ ____________________ _

Agreement between the United Mexican States and the Republic of the
Philippines on Mutual Administrative Assistance in Custom Matters

r------------- -----------1---

iSouth Korea

11-Sep-12

f________________________ _

Confidential Memorandum of Understanding between the Aeronautical

!En:1i~a_t_es ______ ~~!-~?rl~_i_t:5-':_f_!~~-~~p-~~l~~?_!_!_h~-~~~~i~~Y and_t~e-~~~t_e~~~~b -~~!~-~-~-~~

iMexico

------

31-Aug-12

------- ------------------------------------------------------- ------ ---------,- ---------- ---- ------

1Memorandum of Understanding between the Department of Environment and

Natural Resources of the Republic of the Philippines and the Korea Forest

29-Aug-12

._ _ _ _ _ _ _ _ _ _ _ _ 1Se~~ce_o!_~'2_=-~~p-~~~i~_e>_!~~re~o~-~Oe>_!)_:r~~!on_i_n _t~: ~=!~_?!_~e>_~:s~ry___

!Armenia

__ __
Agreement between the Government of the Republic of the Philippines and the I
Government of the Republic of Armenia on Visa Exemption for Holders of

15-Aug-12

i. ________________ -----,~lDi ~~~-~~-~L~-~ r O~ficia I P~~s~o rt~-------------------------------- --------------------------- ______________________________ _

!United States Agreement between the Government of the Republic of the Philippines and the
08-Jun-12
1of America
Government of the United States of America on Scientific and Technological
Cooperation
1

,----------- -

:1ta ly

----------------~-------------------------------------------------------------

---------------------------------------------------------1------- ------------

Agreement on Debt-For-Development swap between the Government of the

Republic of the Philippines and the Government of the Italian Republic

29-May-12

Arrangement between the Department of Foreign Affairs of the Republic of the

Philippines and the Ministry of Foreign Affairs of the State of Israel on Gainful
Occuptaion for Family Members of a Member of a Diplomatic Mission or

09-May-12

-- -- -- - - -----i------------- ---------------- ------- ------------------------. --- --------------------- ----------------- ----- ------------- -1 ---------- - - . -

llsrael

. Exec1.Jtive AgrE!ernE!Ot$ -:. Qil~t~r~!

oat:e.of

tontratrtfog. .

parr{ ,,,

. signjlture,
Consular Post

'f:r~ ~~~

--i-- --OS-May- ll~

- ----iMe~~~-~-n-d~,:;;-~{ U~de~st~ n-di~g-b~t~~-e-~th;-G-o~~~-nm~;:;-t-~f_t_h_e_R;pub-1ic-~-

the Philippines represented by the National Economic and Development

Authority (NEDA) and the Agence Francaise De Developpement (AFD) on AFD's
Development Cooperation Activities in the Philippines
rJ-~-.pa.~ ---- Exchang;of N.otes ~. f the Jap~-~~~~ .Official De-v_e_l_o_p_m_e_n_t_A--s-si-s-ta_n_c_e_on Non
i--27-Apr--l2
Project Grant Aid for the Restoration and Disaster Prevention

-------1--------
--------- ---------------------------------------------------- - ----------------- 1 - -------------- ...
!Russian
Memorandum of Understanding between the Philippines and Russia on
16-Apr-12

. -- -

~~~~~~:.i~~~----,~f~ :e~~~~?s~}~r:::;l~~~b;:::~~~~~;~l~::-:~:~.;~;:h~R;-j;~blic-~t-th~---- ---,----io=.A:p-;=12

Philippines and the Government of the Kingdom of Cambodia
-------------------------------------------------1----------1Memorandum of Understanding on Tourism Cooperation between the
10-Apr-12
Government of the Republic of the Philippines and the Government of the State
of Qatar

'.---------- _____________T______________________
Qata r

- - - ----- -

-------------------- - . - -- -

.. ------ -- -

-------~---------- - ____________ .,__

------~------

------------- - - - - - - - - - - --- - - - - . ------------ .

23-Mar-12
Memorandum of Understanding between the Government of the Republic of
the Philippines and the Government of the State of Kuwait on Agricultural and
Fisheries Cooperation
--------------'i---------------------------------------------------l-------------!Kuwait
Agreement between the Government of the Republic of the Philippines and the
23-Mar-12
Government of the State of Kuwait on the Waiver of Visa Requirements for
Holders of Diplomatic, Special and Official Passports
!Kuwait

Memorandum of Understanding between the Government of the Republic of

the Philippines and the Government of the State of Kuwait in the Field of Labor
,Cooperation
,

!Kuwait

23-Mar-12

.----------r------------------------------------------------------------,------------"

01-Feb-12

Memorandum of Understanding on Labor Cooperation between the

Government of the Republic of the Philippines Represented by the Department
of Labor and Employment and The Government of the Republic of Lebanon
Represented by the Ministry of Labor

!Lebanon

\~;d;~ -1~~;.~JE~~~~~'~;::~~~~:~:~";!~!~:Ei~~~"~~::i~:~t~i

29-Jan-12
Filipino

rPhilippines/Department of Labour and Employment

,---
----- ---------r: -:--------.------ -- -------:---.----------.------:-------=---------- ------------. :--------.. --- ----------r- --12-Dec-ll
--- ----------jCook Island Joint Communique Establishing D1plomat1c Relations between the Philippines
and the Cook Islands
lF~~~~-~------,Pr~t~-ZolAme--nd_i_n_g_t-he--A-g-re-e-ment bet\.Vee-;:;the Govern~ent of the Republic oi_l __ 25~t.Jo~=ii
1

1the Philippines and the Government of the French Republic for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on

_ _ _ _ _ _ _ _ _ __
1

:-- ------------- ------~'!

nco_~~-----------------------------.------------------------ ------------------------:- __
!South Korea Framework Agreement on Grant Aid between the Government of the Republic
of the Philippines and the Government of the Republic of Korea

--

-----------

----------,----

21-Nov-11

------------------------------------~--------------~

iSouth Korea

Framework Agreement on Grant Aid between the Government of the Republic

21-Nov-11

.'.Pakistan
.

_______ _________ _
Program for Cultural Exchanges between the Government of the Republic of the
04-Nov-11
of
Pakistan
for
2011-2015
Philippines
and
the
Islamic
Republic
1
1

i------ ____ of the Philippines ~~~~h:_~~~~me~~--?f the Republic of Korea

,. --- ---------

---------~--------------------------------

:. . - - - - - - _ _ _
!Vietnam

!Vietnam
:

---------- ------------------------------------------1-------.. -------- -

Memorandum of Understanding between the Philippine Navy and the Vietnam

26-0ct-11

~_:o~le~-~a~_!or E~h~~~-=~~~t_9LMu~-~~~~-eratio~nd _l_~!?r~~-!i~~-~~~ri~-~ ______________ _

Memorandum of Agreement on the Establishment of a Hotline Communication
Mechanism between the Philippine Coast Guard and the Vietnam Marine Police

26-0ct-11

... ------ ......... --]------------------------------- -------- ----------------- ---- ------------------- - ----------- -- --1 ---------- ....... ---

iSpa in

-.

Memorandum of Understanding between the Department of National Defense

of the Republic of the Philippines and the Ministry of Defense of the Kingdom of
Spain Regarding Defense Cooperation
-

03-0ct-ll

 Ex~c:;utive Agreemerns ; ail~teral

..~--,,,!~]~ .

Contracting
.. . party.

Date of

Tltle . .',

Signature

,China

Memorandum of Understanding between the Philippine News Agency (PNA)

and the Xinhua News Agency of the People's Republic of China

1China

!Memorandum of Understanding between the Philippine Presidential

Communication Operations Office (PCOO) and the State of Council Information

31-Aug-11

31-Aug-11

,_____________.~!~~-=-J~CIOl~f Chin~~~ Fri~~~-y Exchan?es a~-~OOE_erati?._~---------i-----------

!South Korea Memorandum of Understanding between the Department of Labor and
30-Aug-11

Employment, Republic of the Philippines and the Ministry of Employment and

I
'
Labor, Republic of Korea on the Sending and Receiving of Workers under the
,__ --- ____ .. _____ ~E~-P.-~Y~-~~~~e_r_~~t Sy~!=~~!-~~=~----- __ . _________ _______________ ______ ______ ___ ___ __ _______ __ -----.
;Paraguay
Agreement between the Government of the Republic of the Philippines and the 1 25-Aug-11
Government of the Republic of Paraguay on the Waiver of Visa Requirements
i.! _ _ _ _ _ _

.....

___

--i:f~~-~-?l?_:~_s _?f_~~~?-~~!i~~_ri~9_!ficia I~~~~~~~_:; _______________________________ -- _____________________

!Brunei
,

Memorandum of Understanding on Tourism Cooperation between the

Government of the Republic of the Philippines and Yang Di-Pertuan of Brunei
Darussalam

r -------:.

'Brunei

-------r----------------------;--------------------------------

1
----:-------i------------
__,
01-Jun-11

Memorandum of Understanding Between the Government of the Republic of

the Philippines and the Government of His Majesty the Sultan and Yang Di-

___ _t:~t~~-n.?_t.~r~_n~~~-a!_~~al~-~-~~-~p_o~!~~?.?P..:_r_a_~i_?.~----- __ _____

_ __ _____ . _ ____ _ ____ _
01-Jun-11
Memorandum of Agreement between the Government of the Republic of the
Philippines through the Department ofTransportation and Communications and
the Government of His Majesty the Sultan and Yang Di-Pertuan of Brunei
Darussalam through the Ministry of Communications Concerning Cooperation in
the Field of Shipping and Ports

,
!Brunei

Memorandum of Understanding between the Government of the Republic of

the Philippines through the Department of Agriculture and the Government of
His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam through the
Ministry of Industry and Primary Resources on Food Security and Agricultural

1Brunei

01-Jun-111

01-Jun-11

~ ----- _____________fcl~~~~-=~~~o_n____________ ---- .. --- --------- ----------------------------------------- ------ ----- ---1 --------
1Dominica
oint Communique on the Establishment of Diplomatic Relations between the
29-Apr-11
,
Commonwealth of Dominica and the Republic of the Philippines
r---------------- -----------------------------------------------------,-----------------.
iltaly
Memorandum of Understanding between the Government of the Republic of
23-Mar-11'
the Philippines and the Government of the Italian Republic for the Italian
,Assistance to the Agrarian Reform Community Development Support Program
' - -- - ..
----- .. -c
India
Executive Program of Cultural Exchanges Between the Government of the
15-Mar-11'
Republic of the Philippines and the Government of the Republic of India for the
Years 2011-2013
,...
............. [,"" .. ..... - -- "- - ---------- -- -- ---- --------- - .
- --- - ----" - ------ ... -- ... .
ilndonesia
Memorandum of Understanding Between the Philippine National Police (PNP)
08-Mar-11
and the Indonesian National Police (INP) on Cooperation in Preventing and
Combating Transnational Crimes and Capacity Building
-----~-------------------------------------------------------------------------------------1

"

""""""

--------i--------------------------------------------- -----1-------------

r---llndonesia

Memorandum of Understanding on Basic Education between the Government

08-Mar-11
of the Republic of the Philippines and the Government of the Republic of
Indonesia
,----------- .--------i--------------------------------- -------------------------------------,------------------
!Uzbekistan
Memorandum of Understanding on Cooperation and Bilateral Consultations
03-Mar-11
between the Department of Foreign Affairs of the Republic of the Philippines
and the Ministry of Foreign Affairs of the Republic of Uzbekistan
,. ---- -- - -"

Iran

--~-

----------------------- --------------------------- --------

Memorandum of Agreement between the Government of the Republic of the

Philippines and the Government of the Islamic Republic of Iran on the Waiver of
Visas for Holders of Diplomatic and Official Passports

17-Feb-11

Undertaking Concerning the Recognition of Certificates under the Terms of

1978 STCW Convention, as amended, between the Maritime Training Council on
Behalf of the Republic of the Philippines and Diretoria de Portos e Costas on

07-Feb-11

;------..---------------------------------------------------------------~-------------'

:Brazil

- Exec::utiveAgreement$rail~t~ral "
,_;

,.

Dateof
Sighature

Behalf of the Federative Republic of Brazil

il-ra-~---------------[-Ex-e~-u-ti~e_p_r;gr;m-of th-;-T~urism Coope-ra-r-10-n-Memorandum betwe~;:;th~---i----2-9--N-~~-=ioI

Department of Tourism of the Republic of the Philippines an the Iran Cultural

Heritage and Tourism Organization of the Islamic Republic of Iran

ils-r-ael-- -----1Ag~;;~~ntb~t;ee-;;-th;-G_o_v-er-n~-e-nt_o_f-th_e_R-ep~bli-~~fth~P-h_i_li_p_p.-in;s_a_n_d_t~--2-3::-N-~~~lO-

Government of the State of Israel on Mutual Assistance in Customs Matters

:switzerla nd

Agreement between the Government of the Republic of the Philippines and the
Swiss Federal Council on the Performance of Remunerated Activities by
Dependants of Members of Diplomatic Missions, Consular Posts, and
Permanent Missions

19-Nov-10

jCanada

'Memorandum of Understanding Relative to Government-To-Government

I
Transaction in Defense and Military-Related Equipment, Materials and Systems
and/or Services between the Department of National Defense of the Republic of
the Philippines (PHL-DND) and Canadian Commercial Corporation

12-Nov-10

,----------- - -- _____[________________________ ---------------------------------------------------------------- ------r---------- --------- - -----

-----------------------------1~~------------------------------------------------------------1----

!Vietnam

Memorandum of Agreement on Academic Cooperation Between The

Commission on Higher Education of the Republic of the Philippines and The
Ministry of Education and Training of the Socialist Republic of Vietnam

i
!

26-0ct-10

' ------------ ---------i----------------------------------------------------------------- ----------------------- ----!Vietnam

Memorandum of Agreement between the Government of the Republic of the
j

__________________ _,

- --

Philippines and the Government of the Socialist Republic of Vietnam on

Cooperation in Search and Rescue at Sea

i\tiet,;-~~---~:emorandu~ of Agreement between the Govern~ent of the Republic of th;---i--- -26-0~t~ioJ

1

Philippines and the Government ofthe Socialist Republic of Vietnam on

Cooperation in Oil Spill Preparedness and Response

,.-- --- ------- -----.-- --r----------------~----------------

!Vietnam

,_ _ _ _ _ _ _ _ _ _ _ _

--------------~-----------

!Memorandum of Agreement between the Department of National Defense of

the Republic of the Philippines and the Ministry of Defense of the Socialist

.... ----------------- -------

26-0ct-10

_____________________
_
23-Sep-10
1 --------------- - ------i-----

.~-~-publ~~~~-e_~~a~------------------------------------------ ___
!United States Millenium Challenge Compact between the Republic of the Philippines and the
iof America
United States of America Acting through the millenium Challenge Corporation

!---------- --------r.;--------------------------------------------------------------------------------------

~e~a m_11Memora~ um o~~~ o~ila~ra l~~~~~~~-r-28~~-~

ii ran

Memorandum of Agreement Between the Government of the Republic of the

Philippines and the Islamic Republic of Iran Concerning the Recognition of
Certificates of Competency of Seafarers Under the Terms of the STCW-1978

25-Jun-lQ;

l--- ______ _____ ~~~vention_______________________

--------------------------------;1srael
-!Memorandum of Understanding on Logistic and Defense Industry Cooperation
08-Jun-10
Between the Department of National Defense of the Republic of the Philippines
and the Ministry of Defense of the State of Israel
,

. 'E,~ec;1.1.tiv~ p.gl'~~m~ots ~ Myitila~er~tr .

.--.-.

.. ;.,

-~I

;-,------.-.~"~'r-;-:;,.-

Organiz;:iti()n

'.' .1:it1e

l Assoc;la~iofr!1,
[European
!Free Trade
jAssociation

Joint Declaration on Cooperation between the Republic of the Philippines

and the EFTA States (Iceland, the Principality of Liechtenstein, the
Kingdom of Norway and the Swiss Confederation)

e~AN =-1;;~~;~:nd-cert~~AsEA~~=no:ic~g~.~=:_~;::ct!~~--= [_Di:M~~-i3

European
Union

03-Dec-12

Financing Agreement between the Republic of the Philippines and the

European Union "EU-Philippines Trade Related Technical Assistance
Project 3"

- -r --- - --- -- ___,,____ ---- - ---- ..

-~-

...

19-Nov-12

Third Protocol to Amend the Framework Agreement on Comprehensive

Economic Cooperation between the Association of Southeast Asian
Nations and the People's Republic of China

iAsEAN

. -- --- - - . --r----------- -----------.. -----------... ________ . _. . . . . . . .________________________. ____. ._. __. _ ----..------ ------ -----..Protocol to Incorporate Technical Barriers to Trade and Sanitary and
I
Phytosanitary Measures into the Agreement on Trade in Goods of the
i
ASEAN

19-Nov-12

Framework Agreement on Comprehensive Economic Co-operation

between the Association of Southeast Asian Nations and the People's
!Republic of China

- -- - - -.-----------------__ ._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ . .
!
I

ASEAN

PE MSEA____ -- .
I

.. ---- --------- - - - - - - - - - - - ------ - - - - - - - _ _ _ _ _ _ _ _ _ _ _ .... _ - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. ___________ .. __ ....... - - -

'AS EAN

Memorandum of Understanding between the Governments of the

Member States of the Association of Southeast Asian Nations and the
Government of the People's Republic of China on Health Cooperation

I---- --- -- ---.. ,--- .-___. --------------------------------------------------............ ---- ..... -

Global Green Global Green Growth Institute Agreement

29-Aug-12

Ii

and the Partnership in Environmental Management for the Seas of East

Asia (PEMSEA) Establishing the PEMSEA Resource Facility Center

-------..

1-------.. --------------

Memorandum of Understanding between the Governments of the

Participating Member States of the Association of Southeast Asian
Nations (ASEAN) on the Second Pilot Project for the Implementation of a
Regional Self-Certification System
Ag~~~~~~t-betw~~~--t-h~-G~vern ~~~-t ~fth-;R~p-~b'l"i"Z~f"th;P-hi pp-i ~~~----.

31-Jul-12

_r_ . ___ -- -- -------- .- ----06-Jul-12

I

.---- . . . ---- . . . - --.. . . . ...... --1 ---........._.............. ... . . . ..

21-Jun~12

Gro~h

Institute
(GGGI)
Establishmen
t as
,
.
llnternat1onal
lorganization

i
i

I
1

. --.. ---. - .
------------- -------..-----------..-- --------- - _____.___ . __________________________ ---..--.. ------- -----rI- - -------- -----.. . . . . _ _
IMO
27-Apr-12
Ir---.
1Maritime Labor Convention 2006
.----------r,----------------------------------------------------.
.-------- ------------------..- .. --------~------

1ASEAN

1ASEAN Agreement on Customs

30-Mar-12

IAsE-AN-------r~~~~~~r:~:;~:~~~-:~~!::~~:;~~~~~~~~:~~~~=~:~~~~~-i~~s---l-----16~0~~~11
,.-...................

---------------~----------------------------

ASEAN

------------,

Agreement on the Establishment of the ASE AN Humanita ria n Assista nee

Coordinating Centre on Disaster Management (AHA Centre)

---------------

..

17-Nov-11

I-'"--- . . --- -- _______________________________, ________, ____ ,______. . . . . . . . . . . . ._. __ ,. _.. .

_., . . . . . . . . _-

ASEAN

17-Nov-11

I
i

Second Protocol to Amend the Agreement on Trade in Goods under the

Framework Agreement on Comprehensive Economic Cooperation Among
the Government of the Member Countries of the Association of
Southeast Asian Nations and the Republic of Korea

fSEAN-----~P~~:~~~~oA~~~:::~~h~r~~~o~ds:;~:~:~e0~:~:p~i:~~~:~~~;r::~:-~t- 1-- ----i6-No~~i l.

I
on Comprehensive Economic Cooperation between the Association of
I
I
Southeast Asian Nations and the People's Republic of China
. . . . . . . . . . ..... --- --- -- ,.,___ ......... ___, ___. ____________ . . ,. .____________,____,. ----------------------------------- ----------"[''"""'""' . . -------..- . . --
Agreement between the Governments of the Member States of the
08-Nov-ll
IASEAN
1

i
I

Association of Southeast Asian Nations (ASEAN) and the Republic of

Korea on Forest Cooperation

i:><e~4ti\I~ Agr~~m~nts ~~ Nl'u1t:n~i~ra1 , .

Q~g~~izatiQO
/~ssociati'on

....

UN

IAgreem~nt- ;n the Establishment of the Regional Secretariat of the Coral

,Triangle Initiative on Coral Reefs, Fisheries and Food Security

jASEAN - ---- ---[ASENA-Pi~~-Three Emergency Rice Reserve Agreement (APTERR)

Signatur~
28-0ct-11

-------- -

--

1United

Nations

llLO

---o7~-0~t-1i

-- ------------- ------- ----------------- ---------- ------------------------ ------ --------------- ------------------------

Memorandum of Understanding between the Philippines and the United

Nations on Contributing Resources to the UN Disengagement Observer
Force (UNDOF)
--1~~~~~:;-nti~~--i89_(_c~~~~~tion--c~-~~~;;:;i~-g-D~-~~~tw~-~kf~-roo-~;-~ti~--

IASEAN ____________

~~~;~:~~::i~~:-~~~~~~~~~~ ~:~:~~l-~~~i-~~~~:-~~;~~~~:i~~-~---

Challenges

[ASEAN- [ASEA_N ______ --

-r:~~~~oJr~~-;:~;:;~;:~-:~!ho~~s~~;~~fC~~~it-~;~t;~~d-~-~th-;-

11-Jul-11

16-Jun-11
19-May-11

04-May-11

--IProt~~~lt;Am~~d-t-he Ag~;~-~~~-t-;~ T~a d~i~-G~-~-u-nd;~--th-e -------

30-Nov-10
Framework Agreement on Comprehensive Economic Cooperation Among
the Government of the Member-Countries of ASEAN and the Republic of
Korea
IA-SE-AN-----~Air Tran_s_p_o_r_t_A_g-re-em~~-1-;;;-tw_e_e_n_t_h;Go_v_e_r_n-ments_o_f_t-he-M-;m~--- _ [____1_2--Nov--1-0"

States of the Association of Southeast Asian Nations and the Government

of the People's Republic of China and its Protocol 1

rsEAN . -T~~:~:~i~~~:,~~Edn~~!::~~
:~~h~;:i:~~~f:~;~~o~!h~~~tA;i~~ - I -12:No;-10
----1-------- ---------------------------------------------------------------- ---- --- --- - - - - --

I - ---- ---

1ASEAN
I

------

ASEAN Multilateral Agreement on the Full Liberalisation of Passenger Air

Services and its Protocols 1 and 2

12-Nov-10

ASEAN ____ ----[;..g;~~-~en-t~~-~ltu_r_a_1c~~per~-t-~-;:;t;~t;-e-;;:;th;-i.i~~;r~~;~t~fthe

30-0ct-10

Member States of the Association of Southeast Asian nations (ASEAN)

and the Government of the Russian Federation
UN ________ Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from their Utilization to the
Convention on Biological Diversity

29-0ct-10

/ASEAN-----------1~~~~;~~~~:~~:~:~:~-~~~~-!~~~~~~~:~~~--~~~~:c:~a~;;~k~-------------i-----29~oct~io

JuN-- -- --- -----[~~~::~~:t~~ ~~~~~~:~~~i~:~r~:~~~~~ 1~te~natio~-a1Anti-c~~rupti~~----r------oi=s;;;_10~

AS-EAN ___ ffhirdP~~t--;;~~1-;;~;~di~g th~T;eaty ;;-fAmity and Cooper~tion in_______

!southeast Asia

...

l_______ 23~J~l-10:

OFFICE OF g~~~~~p

,,

HECEIVEl)

jltagatnaran ng 'mtgnapang ~anlabas

II

DEC 1 o 2014

~.

BY:

~epattmeMnt _1f: ttrcn ~ffatr%

MARITIME AND OCEAN AFFAIRS OFFICE

----~--"~------"-.--

VERY URGENT
MEMORANDUM FOR THE ASSISTANT SECRET ARY, OAA

. ~.~ft.

Alln:..YB ETH R. DEAPERA

FROM

Ir Acting Assistant Secretary

SUBJECT

Kalayaan Island Group (KIG)

DATE

9 December 2014

With reference to OAA's Memorandum dated 4 December 2014 requesting for a "list
of island territories under PH jurisdiction," MOAO transmits the following:

A matrix indicating Bajo de Masinloc and the features in the Kalayaan Island
Group (within the limits of Presidential Decree No. 1596) based on Philippine
Nautical Chart No. 4723A which was provided by the National Mapping and
Resource Information .Authority (NAMRIA); and

A copy of a list of Philippine-occupied features in the KIG based on the

information provided.by the Philippine Air Force (PAF).

MOAO wishes to inform that the 'Memorial submitted by the. Philippines to the Arbitral
Tribunal does not contain a list of Philippine-occupied features. Further, MOAO
recommends to exercise caution in referring to the geographical ~eatures as "island
terrifories" since the Philippine position is that none of the features in the South
1
.
.
China Sea is an "island" in the true meaning of Article 121 of UNCLOS.
For the Assistant Secretary's information/reference.

.....,, ___

p1q \'i:.::v" .
.
[. ..:...'~'..~:i:!L:.~:
. . :::.:.Jl.::::.:::.:::::~:~::2:::~:::::. ..:

UNCLOS Article 121 states:

Article 121
Regime of islands
1. An island is a naturally formed area of.land, suffoimded by water, Which is above water at high tide.
2. Except as provided for in paragraph 3, the.tenitorial sea, the contiguous zone, the exclusive economic zone
and the continental shelf of an island are determined in accordance with the provisions of this Convention
.
applicable to other land territory.
3. Rocks which carinot sustain human habitation or economic life of their own shall have no exclusive economic
zone or continental shelf

2330 Jaoxtts ~lbb., ~a5ap QI:itp, 1300 ~btlippfnes ~et .flo. 834--4000 b.11tlh1;bfa.gob.pb

. MARITIME AND OCEAN AFFAIRS OFFICE.

VERY URGENT
MEMORANDUM FOR THE., ASSISTANT SECRETARY, .OAA

YBE~

FROM

/l,1_1L
DEAPERA
lf Acting Assistant s~~etar1/A
.
"t
?"/._/
Kalayaan Island Group (KIG)
I

SUBJECT
DATE

9 December 2014

With, reference to OAA's Memorandum dated 4 Decembed2014 requesting for a "list

of island territories under PH jurisdiction," MOAG' transmits the following:

A matrix indicating Bajo de. Masinloc. and the. features in the Kalayaan Island
Group (within the limits of Presidential Decree No,.. 1596) based on Philippine
Nautical Chart No. 4 723A which was provided by the National Mapping and
Resource Information Authority (NAMRIA); and

A copy of a list of Philippine-occupied features in the KIG based on the

information provided py the Philippine Air Force (PAF).

MOAO wishes to inform.that the Memorial submitted by. the Philippines to.the Arbitral
Tribunal does not contain a list of Philippine~occupied features. Further, MOAO
recommends to exercise caution in referring to the geographical features as "island
territories" since the Philippine position is. that none of the features in the South
China Sea is an "island" in the true meaning of Article 121 of UNCLOS. 1
For the Assistant Secretary's information/reference.

UNCLOS Article 121 states:

Article 121
Regime of islands
1. All island is a naturally formed area of land, surrounded by water, which is above water at high tide.
2; Except as provided for in paragraph 3, the tetTitorial sea, the contiguous zone, the exclusive economic zone
and the continental shelf of an island are determined in accordance with the provisioi1s of this Convention
applicable to other land te1Titory.
3. Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic
zone or continental shelf

SCARBOROUGH SHOAL AND

KALAYAAN ISLAND GROUP (WITHIN THE Lll\1ITS OF PD 1596)
FEATURES
Longitude.

Latitude
No.
l

2
3
4
5

6
7
8

Features Name
Parola Island
Likas Island
Pag~asa Island
Paqata Island
Kota Island
Patag Island
Lawak Island
Rizal Reef
Zamora Reef
Gaven Reefs
ChiguaReef
Panganiban Reef
Mabini Reef
Kagitingan Reef

min.
deg. . min. sec. deg.
(approximate center)
21
11
27
21.l
114
11
04
01
53.l
115
16
11
03
12.5
114
43
114
21
10
46.9
114
25
10
40
08.3
..
49.
10
49
07.5
115
'48
10
44 OJ.7
115

08

21.0
16.9
53. l
02.7
22.3
19.8

115
114
114
114
115
l14.
112
112
114
114
114

14
05
13
29
31
15
59
. 50
20
36
29

06.5
11.1
44.8
40.0
15.0
50.0
45.0
00.0
00.0
00.0
45.0
15.0

35
42

20.0
00.0

Nautical Miles (NM)

239.58
195.21
228.05
213.27
207.69
. 150.26
147.59
101.02
232.13
202.88

11

21
55
12
54
52
41
39
51
25

11
10

21
22

30.0
30.0
45.0
00.0
30.0

10
10.

24

30~0

20

50.0

114
114

10

03

50.0

113

51

. 00.0

10

45.0

114

22

52
45

40.0

114
114

19
13

20.0
30.0

Collins Reef

IO
09
09

25

Lendao Reef

09

45

30.0

114

22

26

Sin Cowe East Reef

28
29.

49

20.0
00.0
30.0
00.0

35

Kanluran Reef
Gitna Reef
Silangan Reef

52
51

114

27

112
112
112

30

Hizon Reef

09
08
08
08
08" .

57

00.0

113

30.0
05.0
21
35 . 05.0
41 . 15.0.

31
32

De Jesus Reef

08

48

15:0

113

59

00.0

179.61

Osmefia Reef

08

43

. 00.0

114

11

00.0

166.80

33
34
35

Pigeon Reef
Mascardo Reef

08
08

51
10

10.0 . 114
00.0
113

39
18

00.0
10.0

142.59
214.01

Kalantiaw Cay

07

53

19.5

112

54

54.5

36

Mariveles Reef

07

58

20.0

113

54

40.0

236.66
177.28

37

Antonio Luna Bank

OT

44

30.0

38

Ligaw Island

10

22

20.0

114
114

16
22

10.0
45.0

9
10

11
12
13
14
15
16
11

18

Calderon Reef
.. Pugad Island
Bisugo Shoal
Sand Cay

19

PetleyReef

20
21

MalvarReef
Paredes Reef

22

Binago Island

2.3
24

Rurok Island

10
10
09
09
09
09
08

~4

34.8
10.l
30 . 0
20.0
45.0'
00:0

sec.

Distance to nearest
Baselines (RA9522)

20.0

Source: Philippines Nautical Chart No 4723A

40.0
00.0
20.0.

13

180.46
116.94
185.17
252.32
247.05
239.60
223.92
194.74
190.77
183.28
217.83
194.62
187.92
189.16

182.18
174.27
282.60
275.80
261.14
. 198.87

156.26
200.11

11

05

20.0

11
10
10

04
48

30.0

42

Leslie Bank
Dalag Bank
Baybayin Dagat Shoal
KahoyBank

43
44

Kayumanggi Bank
Recto Bank

10
11

45
46
47
48

Marie Louise Bank

Nares Bank
Hirane Shoal
Hopkins Reef
Del Pilar Reef
Baker Reef
Amy Douglas Bank

11 . . 58

' 39
40
41

49
50
51
52
53
54
55
56
57
58

l1i0quois Reef
Magat Salamat Reef
Katimugan Banks
Huba Iteef
Sabina Shoal
Rajah Soliman Reef
Abad Santos Shoal

59

Dalagang Bukid Shoal

. 11
10
10
10
10
10
10
10
10
10
09
09

36
41

00.0
30.0
15.0.

25

50.0

28
16
46

00.0
30.0
20.0
20.0

117

10
22

99.96
66.,37
85.73

15.0
00.0

81.00
130.15

07.0

142.11
162.26
127.86

117
117
117
. 117
116

53

33.0
25
50.0
53 . 00.0
48
30.0
50
45.0
3o.o
43

116 '
116
116
116

56
10
26
11

116
116

50
35

116

51
09
14

00.0
30.0
10.0

09.

30
20
07
45
35
27

50.0'
20.0

09 '

10

15.0

60

Kanduli Shoal

09

03

61
62

Hasa-hasa Shoal
Quirino Atoll

08
10

51
29

63

Diego Silang Reef

10 '

oo,o
45.0
00.0

116
116
116
116
116
116
116

116
00.0 . 116
20.0.
116

10
40

29
07
30
10

55
28
39
16
45
21

00.0 '
00.0
00.0
20.0
00.0
30.0
00.0
10.0
30.0
20.0
00.0
20.0
20.0

90.26

134.92
108.92
132.72
133.59
126.32
101.84
101.88
108.82
77.05
86.39
46.79

00.0

57.23

45.0
20.0
20.0

43:57
57..43
139.67

40.0

148.40 .

50.0

115

15

20.0

115

11
44

45.0

115

17

50.0

149.29

10.0

' 115

51

45.0

106.06

50.0
'33.6.

115.57

64

Jacinto Reef

fo

65

Ayungin Shoal

09

66

Arellano Reef

22

55.0

115

26

67

Bulig Shoal

09
09

19

33.8

115

55

11

28

15.0

114

40

10.0

226.21

'45.0

208.58

68

Tatlong-tulis Shoai .
Lakandula Reef

89.43

11

10

00.0

114

47

70

Balagtas Reef

10

52

30.0

114

55

oo:o

192.03

71
72

Burgos Reef

10

01

40.0

114

02

. 00.0

207.37

Loveless Reef

50
57

00.0

114
114

30.0
40.0

189.99

20.0

15
33

00

00.0

114

39

20.0

08 . 06

30.0

114

08

00.0

174.73
164.40.

08

50.0

114

39

40.0

133.19

40.0

233.46

69

73

Holiday Reef

09
09

74

Julian Felipe Reef

10

75

Gabriela Silang Reef

76

Pawikan Shoal

07

178.21,

77

Gomez Reef

10

14

00.0

113

38

78

Dagohoy Reef

09

12

30.0

113

40

00.0

204.76

79

Magsaysay Reef

08

04

20.0

113

10

00.0

221.81

80

Mariano Cay

08

30

00.0

114

21

07'
15

20.0

114

52

00.0
00.0

154.39

59.
11

00

117

45

00

121.48

81
82

Thomas Claudio Shoal

Scarborough Shoal

Source: Philippines Nautical Chart No 4723A

120.41

FEATuRES OCCUPIED BY THE PHILIPPINES IN THE SPRATLY ISLAND 1

Philippine Name
1.
2.
3.
4.
5.
6.

Rizal Reef
Patag Island
Panata Island
Kota
Lawak
Parola
7. Pagasa
8. Likas
9. Ayungin

International Name
Commodore Reef
Flat Island
LankiamCay
Loaita Island
Nanshan Island
Northeast Cay
Thitu Island
West York Island
Second Thomas Shoal

Based on the information provided by the Philippine Air Force.

.~

.Jaran n~ mi~napanu ~anlaban

JDepartment of j fordgn :ffaitSJ

OFFICE OF AMERICAN AFFAIRS

OAA~ efU'-01-2014-M /apls

l\llEMORANDUM FOR THE ASSISTANT SECRETARY, MARITIME AND OCEAN.

AFFAIRS OFFICE

COPY

The Undersecretary for Policy

The Assistant Secretary for Legal Affairs
'

7t0ct !' '

/) /

/.,,/

. /L._/

A;~/4, ~" /&~~~'{

FROM

MARIA ANDRELIT A S. AUSTRIA

Assistant Secretary

SUBJECT

Request for a List of Island Territories under PH Jurisdiction

DATE

04 December 2014

Reference is made to the recently concluded Oral Arguments on the PH-US Enhanced
Defense Cooperation Agreement (EDCA) conducted by the Supreme Court on 19 and
26 November 2014.

for

We would like to request

a list of island territories under PH jurisdiction, for onward
transmittal to the Office of.; the .solicitor-General OAA notes that the list should be
consistent with what was contained in the PH arbitration case filed in Marth 20-14.
This will be a supporting document to the Final Memorandum to be submitted by the
. Solicitor General to the Supreme Court in defense of EDCA.
We would appreciate receiving the requested information on or before 09 December
2014.

r 0.'1 0 :t 6 3 ~

Thank you.

MARITIME AND OCEAN AFFAIRS OFHc;

RecE

1
.:-:
Jill

n ,. y r.

01.\-:--r: ___JlE._Ji
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'.I""

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s 2014

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L4N NEX " -~E , ,.;,_., .

EDCA Provision
Article I
PURPOSE AND SCOPE

Relevant Treaty Provision

Constitutional Powers of the President

Restates and recgfirms the principle of defensive preparation

found in Art. II of the MDT.

Recognizes the VFA as one of the mechanisms through which J 1987 CONSTITUTION, Art. VII, Sec. 18.
defensive preparation can be accomplished.
The President, as Commander-in-Chief, mcry order the armedforces to
MDT: Art. II:
I take steps necessary to carry out the purpose of the MDT. In
con_;imction with hzs power as chief architect offoreign relations, he
"In order more effectively to achieve the objective of \ mcry enter into agreements implementing defense treaties.
this Treaty, the Parties separately and jointly by selfhelp and mutual aid will maintain and develop their CONST., Art. VII, Sec. 17.
individual and collective capacity to resist armed The President, as the Chief Exemtive tasked with the faithful
attack."
exm1tion of the laws, mcry take steps necessary to implement the
provisions of the MDT and VFA.
(a)
Supporting the Parties' The goals enumerated in Art. I, 1(a) of the EDCA fall under
shared goal of improving interoperability of the MDT obligation to maintain and develop their individual As the chief architect of foreign poliry (Pimentel v. Exemtive
the Parties' forces, and for the Armed Forces and collective capaciry to resist armed attack.
Secretary, G.R No. 158088, Ju!J 6, 2005), the President mcry enter
of the Philippines ("AFP"), addressing shortinto agreements implementing existing treary obligations.
term capabilities gaps, promoting long-term
modernization, and helping maintain and
develop
additional
maritime
security,
maritime
domain
awareness,
and
humanitarian assistance and disaster relief
VFA: Art. I (l't paragraph):
capabilities; and

1. This Agreement deepens defense cooperation

between the Parties and maintains and
develops their individual and collective
capacities, in furtherance of Article II of the
MDT, which states that "the Parties
separately and jointly by self-help and mutual
aid will maintain and develop their individual
and collective capacity to resist armed attack,"
and within the context of the VFA. This
includes:

(b)

Authorizing access to "As used in this Agreement, "United States personnel"

Agreed Locations in the territory of the means United States military and civilian personnel
Philippines by United States forces on a temporarily in the Philippines in connection with
rotational basis, as mutually determined by activities approved by the Philippine Government ... "
the Parties.

{.

VF A: Art. III, 1:
"1. The Government of the Philippines shall facilitate
the admission of United States personnel and their
departure from the Philippines in connection with
activities covered by this agreement."

VFA: Art. VI, 1-2:

1. Except for contractual arrangements, including
United States foreign military sales letters of offer and
acceptance and leases of military equipment, both
governments waive any and all claims against each
other for damage, loss or destruction to property of
each other's armed forces or for death or injury to
their military and civilian personnel arising from
activities to which this agreement applies.
2. For claims against the United States, other than
contractual claims and those to which paragraph 1
applies, the United States Government, in accordance
with United States law regarding foreign claims, will
pay just and reasonable compensation in settlement of
meritorious claims for damage, loss, personal injury or
death, caused by acts or omissions of United States
personnel, or otherwise incident to the non-combat
activities of the United States forces.

Access to Agreed Locations necessary to carry out the

operational requirements of "activities" referred to in the above
provisions of the T/FA

..

2. In furtherance of the MDT, the Parties VFA: Art. I (1st par.); Art. III, 1; Art. VI, 1-2
CONST., Art. VII, Sec. 17.
mutually agree that this Agreement provides
the principal provisions and necessary Access to Agreed Locations is necessary to carry out The President, as the Chief Executive tasked with the faithjit!
authorization with respect to Agreed the operational requirements of "activities" referred to execution of the law, mqy take steps necessary to implement the
Locations.
in the above provisions of the VF A.
provisions of the MDT and VFA, including providing the armed
forces of a treary al(y access to and authoriz.ation to perform adivities
in locations owned ry the AFP.

3. The Parties agree that the United States may VFA: Art. I (1st par.); Art. III, 1; Art. VI, 1-2
undertake the following types of activities in
the territory of the Philippines in relation to Under the VFA, US Forces are permitted to carry out a broad
its access to and use of Agreed Locations: range of "activities" (Lim v. Executive Semtary, G.R No.
security cooperation exercises; joint and 151445, April 11, 2002)
combined training activities; humanitarian
assistance and disaster relief activities; and
such other activities as may be agreed upon
by the Parties.
Article II
DEFINITIONS
1. "United States personnel" means United
States military and civilian personnel
temporarily in the territory of the Philippines
in connection with activities approved by the
Philippines, as those terms are defined in the
VFA.

VFA: Art.1

The President, as the Chief Exeezttive tasked with the faithful

execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA, including providing the armed
forces of a treary al(y access to and authoriz.ation to p~iform activities
in locations owned ry the AFP.

CONST., Art. VII, Sec. 17.

"As used in this Agreement, "United States The President, as the Chief Exeezttive tasked with the faithfitl
personnel" means United States military and civilian execution of the laws, mqy take steps necessary to implement the
personnel temporarily in the Philippines in connection provisions of the MDT and l/FA, including providing the armed
with activities
approved by the
Philippine forces qf a treary al(y access to and authoriz.ation to perform activities
Government. Within this definition:
in locations owned ry the AFP.
1. The term "military personnel" refers to military
members of the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard.

q.

CONST., Art. VII, Sec. 17.

2. The term "civilian personnel" refers to individuals

who are neither nationals of nor ordinarily resident in
the Philippines and who are employed by the United
States armed forces or who are accompanying the
United States armed forces, such as employees of the
American Red Cross and the United Services
Organization."

2. "United States forces" means the entity The VFA a!reac!J authorizes the presence of the components
comprising United States personnel and all that constitute 'Vnited States forces":
property, equipment, and materiel of the
United States Armed Forces present in the
Personnelterritory of the Philippines.
VFA: Art. I:
"As used in this Agreement, "United States
personnel" means United States military and civilian
personnel temporarily in the Philippines in connection
with activities
approved by the Philippine
Government ... "
VFA: Art. III, 1:
"1. The Government of the Philippines shall facilitate
the admission of United States personnel and their
departure from the Philippines in connection with
activities covered by this agreement."

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithjit!
execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA.

Property, Equipment, Material -

VFA: Art. VII, 1:

"1. United States Government equipment, materials,
supplies, and other property imported into or
acquired in the Philippines by or on behalf of the
United States armed forces in connection with
activities to which this agreement applies, shall be free
of all Philippine duties, taxes and other similar
charges."

Aircraft and Vessels VFA: Art. VII, 1-2:

"1. Aircraft operated by or for the United States
armed forces may enter the Philippines upon approval
of the Government of the Philippines in accordance
with
procedures
stipulated
in
implementing
arrangements.
2. Vessels operated by or for the United States armed
forces may enter the Philippines upon approval of the
Government of the Philippines. The movement of
vessels shall be in accordance with international
custom and practice governing such vessels, and such
agreed implementing arrangements as necessary."

3. "United States contractors" means companies 5 !ates and armed forces have the inherent right to contract with I CONST., Art. VII, Sec. 18.
and firms, and their employees, under and procure the senJices qfprivate entities.
The President, as Commander-in-Chiej; mC!Jl allow civilian
contract or subcontract to or on behalf of the
United States Department of Defense. United These private entities, inc!itding foreign persons or corporations I contractors, domestic or foreign, to perform activities (sttch as

States contractors are not included as part of I have the right to do business in the Philippines unless speczjicaljy
the definition of United States personnel in prohibited ry law or the Constitution.
this Agreement, including within the context
of the VFA.

4. "Agreed Locations" means facilities and areas

that are provided by the Government of the
Philippines through the AFP and that United
States forces, United States contractors, and
others as mutually agreed, shall have the right
to access and use pursuant to this Agreement.
Such Agreed Locations may be listed in an
annex to be appended to this Agreement, and
may be further described in implementing
arrangements.

5. "Designated Authorities" means, respectively,

the Philippine Department of National
Defense, unless the Philippines otherwise
provides written notice to the United States,
and the United States Department of
Defense, unless the United States otherwise
provides written notice to the Philippines.

I VFA: Art. I (1"' par.); Art. III, 1; Art. VI, 1-2:

I construction) on locations owned ry the APP.

CONST., Art. VII, Sec. 17.

Access to Agreed Locations is necessary to carry out the The President, as the Chief Executive tasked with the faithful
operational requirements of ''activities" referred to in the above execution of the laws, m<ry take steps necessary to implement the
provisions of the VFA.
provisions of the MDT and l/'FA, including providing the armed
forces of a treary aljy access to and authorization to perform activities
in locations owned ry the APP.

The l/'FA gives duties to governments of the state parties (e.g.,

facilitate admission and departure of personnel). The EDCA
clarifies the specific office responsible for implementing these
provisions of the VFA.

I VFA: Art. III, 1:

"1. The Government of the Philippines shall
facilitate the admission of United States personnel and
their departure from the Philippines in connection
with activities covered by this agreement."

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithful
execution of the law, m<ry take steps necessary to implement the
provisions of the MDT and l/'FA.

Article III
AGREED LOCATIONS

VFA: Art. I (1st par.); Art. III, 1; Art. VI, 1-3.

Access to Agreed Locations is necessary to carry out the

1. With the consideration of the views of the operational requirements of "activities" refemd to in the above
Parties, the Philippines hereby authorizes and provisions of the VFA.
agrees that the United Sates forces, United
States contractors, and vehicles, vessels, and The conduct of the em1merated activities is also a necessary
aircraft operated by or for United States consequence qf the authorization under the VFA for:
forces may conduct the following activities
with respect to Agreed Locations: training; I a) The admission and departure of personnel (VFA:
transit; support and related activities;
Art. I; Art. III, 1);
refuelling
of
aircraft;
temporary I b) The importation of equipment, materials, supplies
accommodation
of
personnel;
(VFA: Art. VII, 1);
of j c) The entry of aircraft and vessels (VFA, Art. VII,
communications;
prepositioning
equipment, supplies, and materiel; deploying
1-2)
forces and material; and such other activities
as the Parties may agree.

2. When requested, the Designated Authority of

the Philippines shall assist in facilitating
transit or temporary access by United States
forces to public land and facilities (including
roads, ports, and airfields), including those
owned or controlled by local governments,
and to other land and facilities (including
roads, ports, and airfields).

The VFA gives duties to governments of the state parties (e.g.,

facilitate admission and departure of personne~. The EDCA
clarifies the specific office responsible for implementing these
provisions of the VFA.

VFA: Art. III, 1:

"1. The Government of the Philippines shall

facilitate the admission of United States personnel and
their departure from the Philippines in connection
with activities covered by this agreement."

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithful

execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA, including providing the armed
forces of a treaty al!J access to and authorization to perform activities
in locations owned by the AFP.
As Chief Architect offoreign relations, the President mqy enter into
agreements that implement existing treaty obligations.

1. Given the mutuality of benefits, the Parties Access to Agreed Locations is necessary to carry ottf the
agree that the Philippines shall make Agreed operational requirements of "activities" authorized ry the
Locations available to United States forces VFA.
without rental or similar costs. United States
forces shall cover their necessary operational
expenses with respect to their activities at the
Agreed Locations.

2. The Philippines hereby grants to the United

States, through bilateral security mechanisms,
such as the MDB and SEB, operational
control of Agreed Locations for construction
activities and authority to undertake such
activities on, and make alterations and
improvements to, Agreed Locations. United
States forces shall consult on issues regarding
and
such
construction,
alterations,
improvements based on the Parties' shared
intent that the technical requirements and
construction standards of any such projects
undertaken by or on behalf of United States
forces should be consistent with the
requirements and standards of both Parties.

Operational control extends onfy to command over subordinated CONST., Art. VII, Sec. 17.
forces, as required for the accomplishment of a particular
mission. It is an inherent attribute of armed forces that is not The President, as the Chief Executive tasked with the faithful
subsumed when visiting another country.
execution of the law, mcry take steps necessary to implement the
provisions of the MDT and VFA.
Recourse to MDB and SEB implements the consultation
requirement of the MDT as provided for in the following As ChiefArchitect offoreign relations, the President mcry enter into
agreements:
agreements that implement existing treary obligations.

"Establishment of Mutual Defense Board and

Assignment of Military Liaison Officers (Agreement
effected by exchange of notes)", Signed at Manila 15
May 1958. TIAS No. 4033.

"Agreement to establish a Security Engagement Board

(Effected by exchange of notes)", Signed at Manila 1112 April 2006.

3. The Philippine Designated Authority and its This is consistent with Philippine sovereignty over Agreed
authorized representative shall have access to Locations, as recognized by the VFA provision on mpect far
the entire area of the Agreed Locations. Such the law of the host country.
access shall be provided promptly consistent
with operational safety and
security I VFA: Art. II
requirements in accordance with agreed
"It is the duty of United States personnel to respect
procedures developed by the Parties.
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 Philippines. The Government of the
United States shall take all measures within its
authority to ensure that this is done."

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithful
execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA.

4. United States forces shall be responsible on Construction, development, operation, and maintenance of I As ChiefArchitect offoreign relations, the President mcry enter into
the basis of proportionate use for Philippine facilities in Agreed Locations are activities agreements that implement existing treaty obligations.
construction, development, operation, and authorized by the VFA. Burden of costs and specific funding
maintenance costs at Agreed Locations. arrangements implement the requirements of carrying out these
Specific funding arrangements may be defined activities.
in implementing arrangements.

Article IV
EQUIPMENT, SUPPLIES, AND
MATERIEL

CONST., Art. VII, Sec. 17.

The entry of US equipment, materials, supplies, and other
property is authorized under the T-/f"A.

The President, as the Chief Executive tasked with the faithful

execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA, including providing the armed
farces of a treaty al!J access to and authorization to peiform activities
equipment, in locations owned by the AFP.

1. The Philippines hereby authorizes United I VFA: Art. VII, 1:

States forces, through bilateral security
mechanisms, such as the MDB and SEB, to "1.
United States
Government
preposition and store defense equipment, materials, supplies, and other property imported
supplies,
and materiel
("prepositioned into or acquired in the Philippines by or on behalf of
materiel"), including, but not limited to, the United States armed forces in connection with

humanitarian assistance and disaster relief

equipment, supplies, and materiel, at Agreed
Locations. United States forces shall notify
the AFP in advance regarding the quantities
and delivery schedules of defense equipment,
supplies, and materiel that United States
forces intend to preposition in Agreed
Locations, as well as who will make such
deliveries.

activities to which this agreement applies, shall be

free of all Philippine duties, taxes and other similar
charges. Title to such property shall remain with the
United States, which may remove such property from
the Philippines at any time, free from export duties,
taxes, and other similar charges. The exemptions
provided in this paragraph shall also extend to any
duty, tax, or other similar charges which would
otherwise be assessed upon such property after
importation into, or acquisition within, the
Philippines. Such property may be removed from the
Philippines, or disposed of therein, provided that
disposition of such property in the Philippines to
persons or entities not entitled to exemption from
applicable taxes and duties shall be subject to payment
of such taxes, and duties and prior approval of the
Philippine Government."

2. The Parties share a recognition of the benefits

that such prepositioning could have for
humanitarian assistance and disaster relief.
The Parties also recognize the value of such
prepositioning to the enhancement of their
individual and collective defense capabilities.

HADR is a component of national security. Failure to deliver

an effective HAD R response leaves the country vulnerable to
both internal and external aggressors. Thus, the development of
HADR capabilities through prepositioning implements the
parties' obligation to develop defense capabilities under Art II

3. The prepositioned materiel of United States

forces shall be for the exclusive use of the
United States forces, and full title to all such
equipment, supplies, and materiel remains
with the United States. United States forces

The provision flows from the acknowledgment in Art. VII, 1 CONST., Art. VII, Sec. 17.
of the VFA that the materials are property of the United
States (i.e. these are 'Vnited States equipment, materials, The President, as the Chief Executive tasked with the faithful
execution of the laws, may take steps necessary to implement the
supplies, and other property').
provisions of the MDT and VFA, includinJ, providin,P, the armed

of the MDT

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithfitl
execution of the laws, may take steps necessary to implement the
provisions of the MDT and VFA, including providing the armed
forces of a treaty alfy access to and authorization to perform activities
in locations owned I?) the AFP.

shall have control over the access to and

disposition of such prepositioned materiel
and shall have the unencumbered right to
remove such prepositioned materiel at any
time from the territory of the Philippines.

forces of a treaty al/y access to and authorization to pe1form activities

in locations owned f?y the AFP.
The President, as the Chief Exec11tive tasked with the faithful
execution of the law, recognizes US forces title to the prepositioned
model

4. United States forces and United States

contractors shall have unimpeded access to
Agreed Locations for all matters relating to
the prepositioning and storage of defense
equipment, supplies, and materiel, including
delivery,
management, inspection, use,
maintenance, and removal of such equipment,
supplies and materiel.

5. The Parties share an intent that United States

contractors may carry out such matters in
accordance with, and to the extent
permissible under, United States laws,
regulations, and policies.

6. The prepositioned materiel shall not include

nuclear weapons.

This is consistent with Philippine sovereignty over Agreed CONST., Art. VII, Sec. 17.
Locations, as recognized f?y the l/FA provision on respect for
the law of the host country (which includes the constitutional The President, as the Chief Executive tasked with the faithful
prohibition against nuclear weaponJ).
execution of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA, including providing the armed
VFA: Art. II
farces of a treaty al/y access to and authorization to perform adivities
in locations owned f?y the AFP.
"It is the dutv of United States personnel to respect

the laws of the Republic of the Philippines and to The President, as the Chief Executive tasked with the faithful
abstain from any activity inconsistent with the spirit of execution of the laws, should implement the constitutional prohibition
this agreement, and, in particular, from any political against nuclear weapons.
activity in the Philippines. The Government of the
United States shall take all measures within its
authority to ensure that this is done."

Article V
OWNERSHIP
1. The Philippines shall retain ownership of and
title to Agreed Locations.

Recognition of legal title over Agreed Locations is consistent with CONST., Art. VII, Sec. 17.
Philippine sovereignty, as recognized by the VFA provision on
respect for the law of the host country (VFA: Art. II).
The President, as the Chief Executive tasked with the faithful
execution of the laws, mcry take steps necessary to implement the
provisions of the MDT and VFA.

2. The United States shall return to the Recognition of legal title over Agreed Locations is consistent with
Philippines any Agreed Locations, or any Philippine sovereignty, as recognized by the VFA provision on
portion thereof, including non-relocatable respect for the law of the host country (VFA: Art. II).
and
assemblies
constructed,
structure
modified, or improved by the United States,
once no longer required by United States
forces for activities under this Agreement.
The Parties or the Designated Authorities
shall consult regarding the terms of return of
any Agreed Locations, including possible
compensation
for
improvements
or
construction.

3. United States

forces

and United States I The provision flows from the acknowled,f,ment in Art. Vil, 1

contractors shall retain title to all equipment, of the VFA that the materials are properry of the United
materiel, supplies, relocatable structures, and States (z:e. these are 'Vnited States equipment, materials,
other moveable property that have been supplies, and other properry ').
imported into or acquired within the territory
of the Philippines by or on behalf of United
States.

4. All buildings, non-relocatable structures, and Recognition of legal title over Agreed Locations is consistent with
assemblies affi..'Ced to the land in the Agreed Philippine sovereignty, as recognized by the VFA provision on
Locations, including ones altered or improved respett for the law of the host country (VFA: Art. II).
by United States forces, remain the property
of the Philippines. Permanent buildings
constructed by United States forces become
the property of the Philippines, once
constructed, but sh~ be used by United
States forces until no longer required by
United States forces.

5. The Parties may consult regarding the This provision implements the Military Assistance
possible transfer or purchase of equipment Agreement (MAA) and the Military Defense
determined to be excess, as may be allowed Assistance Agreement (MDAA)
by United States laws and regulations.
MAA:Art.1:

CONST., Art. VII, Sec. 17.

The President, as the Chief Exeeittive tasked with the faithful
execution of the laws, mC!J take steps necessary to implement the
provisions of the MAA and MDAA.

As ChiefArchitect offoreign relations, the President mC!J enter into

"Subject to mutual agreements, the Government of j agreements that implement existing treaty obligations.
the United States of America will furnish military
assistance to the Government of the Republic of the
Philippines in the training and development of armed
forces ... "

MAA:Art. 6:

"For the purposes of this Agreement the military

assistance authorized in Article 1 hereof is defined as
the furnishing of arms, ammunition, equipment
and supplies; certain aircraft and naval vessels,
and instruction and training assistance by the
Army and Navy of the United States ... "

MDAA, Paragraph 1:

"The Government of the United States will continue

to make available to the Government of the Republic
of the Philippines equipment, materials, services,
or other assistance in accordance with such terms
and conditions as may be agreed."

Furthermore, mch transfers or purchase of equipment fu!fill the

Principle of Defensive Preparation in Art. II of the MDT

Article VI
SECURI1Y
1. The Parties shall cooperate to take such Consistent with Philippine soven:ignry over Agreed Locations as CONST., Art. VII, Sec. 17.
measures as may be necessary to ensure the recognized by the VFA provision on mpect for the law of the
The President, as the Chief Executive tasked with the faithful
protection, safety, and security of United host country (VFA: Art. II).
States forces and United States contractors,
execution of the laws, mqy take steps necessary to implement the
and the protection and security of official
provisions of the MDT and VFA.
United States information in the territory of
the Philippines.

The President, as Commander-in-Chief, is responsible far the securi!J

of the national tem'tory, including locations owned by the AFP.

2. The Philippines retains primary responsibility

for security with respect to Agreed Locations.

Consistent with Philippine sovereign!J over Agreed Locations as

recognized by the l/FA provision on respect far the law of the
host country (VFA: Art. II).

3. United States forces are authorized to exercise

all rights and authorities within Agreed
Locations that are necessary for their
operational control or defense, including
taking appropriate measures to protect United
States forces and United States contractors.
The United States should coordinate such
measures with appropriate authorities of the
Philippines.

See Respondents' lvlemorand11m: Inherent attribute of

operational control and right of self defense of armed farces
subsist even when visiting another country.
This authoriZfZtion far operational control and self defense also
enhances the capabilities of an allied armed farce, an objective of
the Mutual Defense Treaty.

4. The Parties shall take all reasonable measures

to ensure the protection, safety, and security
of United States property from seizure by or
conversion to the use of any party other than
the United States, without the prior written
consent of the United States.

The provision flows from the acknowledgment in Art. VII, 1

of the VFA that the materials are properry of the United
States (i.e. these are 'Vnited States equipment, materials,
supplies, and otherproperry').

Article VII
UTILITIES AND COMMUNICATIONS

1. The Philippines hereby grants to United

States forces and United States contractors
the use of water, electricity, and other public
utilities on terms and conditions, including
rates or charges, no less favorable than those
available to the AFP or the Government of
the Philippines in like circumstances, less
charges for taxes and similar fees, which will
be for the account of the Philippine
Government. United States forces' costs shall
be equal to their pro rata share of the use of
such utilities.

2. The Parties recognize that it may be necessary

for United States forces to use the radio
spectrum. The Philippines authorizes the
own
United
States
to
operate
its
telecommunication
systems
(as
telecommunication is defined in the 1992
Constitution and Convention of the

Pariry with AFP serves to improve interoperabiliry between US

and Philippine armed forces, which serves the objectives of the
Mutual Defense Treaty.

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithful

execution of the laws, mqy take steps necessary to implement the
EDCA contemplates an assumption of taxes !:ry the Philippine provisions of the MDT and T/FA.
Government and not an exemption from taxes of the US forces
and US contractors.

The telecommunication system contemplated under the EDCA

will be used exclusivefy !:ry US and Philippine forces in the
context of activities (such as joint exercises and maneuvers)
where inter-operable communications will be required By
military necessiry, these systems will not be accessible for use !:ry
the public, will not be available commmialfy, and will onfy be

International
Telecommunication
Union used )or the operational requirements of US and Philippine
("ITU"). This shall include the right to utilize armedforces.
such means and services as required to ensure
the full ability to operate telecommunication
systems, and the right to use all necessary
radio spectrum allocated for this purpose.
Consistent with the 1992 Constitution and
Convention of the ITU, United States forces
shall not interfere with frequencies in use by
local operators. Use of the radio spectrum
shall be free of cost to the United States.

Article VIII
CONTRACTING PROCEDURES
1. United States forces may contract for any
materiel, supplies, equipment, and services
(including construction) to be furnished or
undertaken in the territory of the Philippines
without restriction as to choice of contractor,
supplier, or person who provides such
materiel, supplies, equipment, or services.
Such contracts shall be solicited, awarded, and
administered in accordance with the laws and
regulations of the United States.

S fates and armed farces have the inherent right to contract with
and procure the seroices ofprivate entities.
These private entities, includingfareign persons or corporations,
have the right to do business in the Philippines unless specifical!J
prohibited by law or the Constitution.
No local law limits US armed farces' choice in contracting, or
the manner in which contracts are solicited, awarded, and
administered.

2. United States forces shall strive to use

Philippines suppliers of goods, products, and
service to the greatest extent practicable in
accordance with the laws and regulations of
the United States.

Article IX

ENVIRONMENT, HUMAN HEALTH, AND

SAFETY
1. The Parties recognize and acknowledge the Consistent with Philippine sovereignty over Agreed Locations as
importance of protection of the environment recognized by the VFA provision on respect jor the law of the
and human health and safety in the context of host country (VFA: Art. II).
activities covered by this Agreement and
agree to implement this Agreement in a
manner consistent with the protection of the
natural environment and human health and
safety and to pursue a preventative rather
than reactive approach to environmental
protection. To this end, the Parties shall
cooperate to ensure problems that may arise
are dealt with immediately in order to prevent
any lasting damage to the environment or
endangerment of human health and safety.

CONST., Art. VII, Sec. 17.

The President, as the Chief Executive tasked with the faithful
exemtion of the laws, mqy take steps necessary to implement the
provisions of the MDT and VFA.
The President, as the Chief Executive tasked with the faithful
execution of the law, should implement the country's laws 011
environment, health, and safety.

i'

..

2. The United States confirms its intent to Consistent with Philippine sovereignty over Agreed Locations as
respect relevant Philippine environmental, recognized by the VFA provision on respect for the law of the
health, and safety laws, regulations, and host country (VFA: Art. II).
standards in the execution of its policies. The
Philippines confirms its policy to implement
environmental,
health,
safety
laws,
regulations, and standards with due regard for
the health and safety of United States forces
and United States contractors. The parties
shall fully cooperate in the timely exchange
between the competent representatives of the
Parties of all relevant existing information
concerning
environmental
and
health
protection at Agreed Locations. The
environmental compliance standards applied
by United States forces shall reflect, in
accordance with its policies, the more
protective of United States, Philippine, or
applicable international agreement standards.
To that end, during the development and
periodic review of such environmental
practices, the Parties shall cooperate and
consult to ensure that Philippine standards are
accurately reflected.
3. United Sates forces shall not intentionally Consistent with Philippine sovereignty over Agreed Locations as
release any hazardous materials or hazardous recognized by the VFA provision on respect for the law of the
waste owned by it, and, if a spill occurs, shall host country (VFA: Art. II).
expeditiously take action in order to contain
and address environmental contamination
resulting from the spill .

Article X
IMPLEMENTATION

CONST., Art. VII, Sec. 17.

1. All obligations under this Agreement are

subject to the availability of appropriated
funds authorized for these purposes.

..

The President, as the Chief Executive tasked with the faithful

exemtion of the laws, mg take steps necessary to implement the
provisions of the MDT and VFA.

2. As appropriate, the Parties or the Designated

Authorities may enter into implementing
arrangements to carry out the provisions of
this Agreement, including with respect to
activities at Agreed Locations and funding.
Implementing arrangements concluded by the
Designated Authorities shall enter into force
upon the date of their signature.

MDT: Art. III:

3. Implementing arrangements may address

additional details concerning the presence of
United States forces at Agreed Locations and
the functional relations between United States
forces and the AFP with respect to Agree
Locations.

VFA: Art. VIII, 1-2:

"The Parties, through their Foreign Ministers or their

deputies, will consult together from time to time
regarding the implementation of this Treaty and
whenever in the opinion of either of them the
territorial integrity, political independence or security
of either of the Parties is threatened by external armed
attack in the Pacific."

"1. Aircraft operated by or for the United States

armed forces may enter the Philippines upon approval
of the Government of the Philippines in accordance
with procedures stipulated in implementing
arrangements .

4. The Parties or their Designated Authorities

intend to consult regularly concerning the
implementation of this Agreement.

Article XI
RESOLUTION OF DISPUTES
The Parties agree to resolve any dispute ansmg
under this Agreement exclusively through
consultation between the Parties. Disputes and
other matters subject to consultation under this
Agreement shall not be referred to any national or
international court, tribunal, or other similar
body, or to any third party for settlement, unless
otherwise agreed by the Parties .

..

2. Vessels operated by or for the United States armed

forces may enter the Philippines upon approval of the
Government of the Philippines. The movement of
vessels shall be in accordance with international
custom and practice governing such vessels, and such
agreed implementing arrangements as necessary."

I CONST., Art. VII, Sec. 17.

MDT: Art. III:
The President, as the Chief Executive tasked with the faithful
"The Parties, through their Foreign Ministers or their I exeetttion of the Jaws, mqy .take steps necessary to implement the
deputies, will consult together from time to time provisions of the MDT and VFA.
regarding the implementation of this Treaty and
whenever in the opinion of either of them the
territorial integrity, political independence or security
of either of the Parties is threatened by external armed
attack in the Pacific."

rAN N - v

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The MDB-SEB Process

The initial process for the Mutual Defense Board-Security Engagement Board
(MDB-SEB) involves deliberations in the level of Standing Committees. These
Standing Committees make the initial plans for the activities to be implemented
next year.
Standing Committees are organized using different fields/objectives, such as:
Humanitarian Assistance and Disaster Relief (HADR), Maritime Security,
Intelligence, Logistics, Training, and Civil Military Operations (construction of
buildings, repair of educational facilities).
It is worthy to emphasize that these Standing Committees are composed of
officers of the Armed Forces of the Philippines (AFP) and the US Pacific
Command (USPACOM). Through these Standing Committees, proposed
activities are discussed and agreed upon, discussing basic operational details,
including venue, size of troops, and dates. The outputs of all standing
committees are then collated and submitted for the consideration by the
Executive Committee (EXECOM).

The EXECOM is composed of officials of the Philippine and US Governments led

by Assistant Secretary for Strategic Assessment Raymund Jose G. Quilop and
Deputy Chief of Staff for Plans, AFP (J5). The US Representatives are led by the
counterpart of J5 from USPACOM. The EXECOM studies the proposed list of
activities submitted by the Standing Committees, and issues its recommended
list for submission to the MDB-SEB.
The MDB-SEB is headed by the Chief of Staff, Armed Forces of the Philippines
(CSAFP) for the Philippine Government and the Commander of the USPACOM.
They will then consider the proposed list of activities, and issue any
amendments, as they deem fit, and/or approve the list of activities.
This list of activities as approved by CSAFP and the Commander of USPACOM
would then be submitted to the Council of Foreign Ministers. It is worthy to recall
that the Mutual Defense Treaty already refers to this mechanism of consultation
of Foreign Ministers through its Article 3. This Council of Foreign Ministers is
reiterated in the Bohlen-Serrano Exchange of Notes, through Item 1 of the Note
issued by Ambassador Charles Bohlen. In the Romulo-Kenney Exchange of
Notes in 2006, which provides for the Security Engagement Board that caters to
non-traditional security concerns, such as terrorism, transnational crimes and
disasters, it is provided that the SEB shall compliment and coexist with the MOB.
Historically, the Council of Foreign Ministers would issue policy guidelines for the
conduct of the activities. At times, the Council of Foreign Ministers would make
amendments or issue insertions to the submitted list of activities.
Once the list of activities has been approved by the Council of Foreign Ministers,
this would then start further planning for the finer operational details of each
activity, including but not limited to physical arrangements, accommodation of
participating troops, and materiel to be used.
To give a clearer picture, the process for Standing Committees would be around
one week each. The MDB-SEB, as led by CSAFP and Commander, USPACOM,
would ordinarily study and approve the list of activities for two days.

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sAs1;c Rl:FERENces:

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1.

In August 30, 1951, the Mutual Defense Treaty between the Republic of the Philippines and
the United States of America was signed in Washington, D.C.

2.

In May 19 1958, the Mutual Defense Board was established through the Bohlen and
Serrano Exchange of Notes to manage the implementation of the MDT.

3.

In February 10, 1998, the Visiting Forces Agreement was signed defining the treatment of
United States personnel visiting the Republic of the Philippines.

4.

In Nov 21, 2002, the Mutual Logistics Support Agreement signed provides for reciprocal
logistics support, supplies services between the Philippines and the United States of
America.

5.

April 12, 2006 the Romufo-Kennedy Exchange of Notes established the Security
Engagement Board (SEB) to enhance the cooperation on non-traditional security
concerns under the Agreement between the Government of the Republic of the
- Philippin_es and the Government of the United States of America Regarding the Treatment
of United States Armed Forces Visiting the Philippines.
--

'

..

6. -- April 28,.--201:4, Jh~ Entiqnced

Q~f~11se Coop.erafiol'l ~gn~ement was signed to de~pen

defens~ cooperation bEf1weerl the- Parties and maintains and develops their indivfdual
--- capacitjes.: -

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MDB/SEB PROCESS

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1998 VISITING
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1958 BOHLEN
SERRANO EXCHANGE
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----

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1951 MUTUAL
DEFENSE TREATY

1947 MILITARY
ASSISTANCE
AGREEMENT

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Mutual Defense
Board(MDB)

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Security
Engagement
. Board (SEB)
.

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2014 ENHANCED
DEFENSE
I COOPERATION
AGREEMENT
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2006 ROMULO-

2002MUTUAL
LoGISTics SUPPORT

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Engagement

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MDB/SEB Establishment

In May 19 1958, the Mutual Defense Board was established through

the Bohlen and Serrano Exchange of Notes to manage the
implementation of the MDT.

April 1.2, 2006 the Romulo-Kennedy Exchange of Notes established

the Security Engagement Board (SEB) to enhance the cooperation
on non-traditional security concerns under the Agreement between
the Government of . the Republic of fh~ _Philippines and th~
Gover_nment of the .Unite<:t Stotes of .America Regarding. the
Treatmertt of United States Arm-ed Forces Yisffing the Philippines.

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