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military forces to have access to and conduct activities within certain "Agreed
Locations" in the country. It was not transmitted to the Senate on the executive's understanding that to
do so was no longer necessary.85 Accordingly, in June 2014, the Department of Foreign Affairs (DFA) and
the U.S. Embassy exchanged diplomatic notes confirming the completion of all necessary internal
requirements for the agreement to enter into force in the two countries.86
in the MBA
the RP grants to the US the right to retain the use of the bases in the Philippines
in EDCA
there is an understanding between the parties that the US should not maintain a permanent base or
military presence in the Philippines
the US's use of the location and facilities are through the invitation of the philippines and with full
respect to Philippine laws and the constitution
In the MBA
All buildings and structures which are erected by the United States in the bases shall be the property of
the United States and may be removed by it before the expiration of this Agreement or the earlier
relinquishment of the base on which the structures are situated.
in EDCA
All buildings, non-relocatable structures, and assemblies affixed to the land in the Agreed Locations,
including ones altered or improved 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 shall be used by United States forces until no longer required by United States forces.
(owned by philippines any improvements, alterations or newly constructed structures and shall be usesd
only by the US until no longer needed)
the U.S. retained the right, power, and authority over the establishment, use, operation, defense, and
control of military bases, including the limits of territorial waters and air space adjacent to or in the
vicinity of those bases. The only standard used in determining the extent of its control was military
necessity. On the other hand, there is no such grant of power or authority under EDCA. It merely allows
the U.S. to exercise operational control over the construction of Philippine-owned structures and
facilities
Fifth, the U.S. under the bases agreement was given the authority to use Philippine territory for
additional staging areas, bombing and gunnery ranges. No such right is given under EDCA, as seen
below: