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Article I: Philippine - Usa Visiting Forces Agreement and Diplomatic Immunity
Article I: Philippine - Usa Visiting Forces Agreement and Diplomatic Immunity
The Government of the United States of America and the Government of the
Republic of the Philippines
Reaffirming their faith in the purposes and principles of the Charter of the United
Nations and their desire to strengthen international and regional security in the
Pacific area;
Reaffirming their obligations under the Mutual Defense Treaty of August 30, 1951;
Noting that from time to time elements of the United States armed forces may visit
the Republic of the Philippines;
Considering that cooperation between the United States and the Republic of the
Philippines promotes their common security interests;
Recognizing the desirability of defining the treatment of United States personnel
visiting the Republic of the Philippines;
Have agreed as follows:
ARTICLE I (DEFINITIONS)
MILITARY PERSONNEL
refers to military members of the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard.
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.
ARTICLE II (RESPECT FOR LAW)
2. United States military personnel shall be exempt from passport and visa
regulations upon entering and departing the Philippines.
2.
3.In cases where the right to exercise jurisdiction is concurrent, the following
rules shall apply:
To have free and assisted legal representation of their own choice on the
same basis as nationals of the Philippines;
To have the services of a competent interpreter;
To communicate promptly with and to be visited regularly by United States
authorities, and to have such authorities present at all judicial proceedings.
These proceedings shall be public unless the court, in accordance with
Philippine law, excludes persons who have no role in the proceedings.
ARTICLE V (CRIMINAL
JURISDICTION)
2. For claims against the United States, other than contractual claims, 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.
ARTICLE VII (IMPORTATION AND
EXPORTATION)
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. Vehicles, vessels, and aircraft operated by or for the United States armed forces
shall not be subject to the payment of landing or port fees, navigation or
overflight charges, or tolls or other use charges, including light and harbor dues,
while in the Philippines. Aircraft operated by or for the United States armed
forces shall observe local air traffic control regulations while in the Philippines.
Vessels owned or operated by the United States solely on United States
Government non-commercial service shall not be subject to compulsory pilotage
at Philippine ports.
ARTICLE IX (DURATION AND
TERMINATION)
This agreement shall enter into force on the date on which the parties
have notified each other in writing through the diplomatic channel that
they have completed their constitutional requirements for entry into
force. This agreement shall remain in force until the expiration of 180
days from the date on which either party gives the other party notice in
writing that it desires to terminate the agreement.
Any person who shall falsely assume and take upon himself to act as a
diplomatic, consular, or any other official of a foreign government duly
accredited as such to the Government of the Republic of the Philippines with
intent to defraud such foreign government or the Government of the
Philippines, or any person, or in such pretended character shall demand or
obtain, or attempt to obtain from person or from said foreign government or
the Government of the Philippines, or from any officer thereof, any money,
paper, document, or other thing, of value, shall be fined not more than five
thousand pesos, or shall be imprisoned for not more than five years, or both,
in addition to the penalties that may be imposed under the Revised Penal
Code.
SECTION 2
Any person, who with intent to deceive or mislead, within the jurisdiction
of the Republic, wear any naval, military, police, or other official uniform,
decoration, or regalia of any foreign State, nation or government with which
the Republic of the Philippines is at peace, or any uniform, decoration or
regalia so nearly resembling the same as to be calculated to deceive,
unless such wearing thereof be authorized by such State, nation, or
government, shall upon conviction, be punished by a fine not exceeding
two hundred pesos or imprisonment not exceeding six months, or by
both such fine and imprisonment.
SECTION 4
Any process sued out or prosecuted by any person in any court of the
Republic of the Philippines, or by any judge or justice, whereby the
person of any ambassador or public minister of any foreign State,
authorized and received as such by the President, or any domestic or
domestic servant of any such ambassador or minister is arrested or
imprisoned, or his goods or chattels are distrained, seized, or attached, shall be
deemed void, and every person by whom the same is obtained or prosecuted,
whether as party or as attorney, and every officer concerned in executing it,
shall upon conviction, be punished by imprisonment for not more than three
years and a fine of not exceeding two hundred pesos in the discretion of the
court.
SECTION 5
The provisions of section four hereof shall not apply to any case where the
person against whom the process is issued is a citizen or inhabitant of the
Republic of the Philippines, in the service of an ambassador or a public
minister, and the process is founded upon a debt contracted before he entered
upon such service; nor shall the said section apply to any case where the
person against whom the process is issued is a domestic servant of an
ambassador or a public minister, unless the name of the servant has, before
the issuing thereof, been registered in the Department of Foreign Affairs, and
transmitted by the Secretary of Foreign Affairs to the Chief of Police of the
City of Manila, who shall upon receipt thereof post the same in some public
place in his office. All persons shall have resort to the list of names so posted
in the office of the Chief of Police, and take copies without fee.
SECTION 6
Any person who assaults, strikes, wounds, imprisons or in any other manner
offers violence to the person of an ambassador or a public minister, in
violation of the law of nations, shall be imprisoned not more than three years,
and fined not exceeding two hundred pesos, in the discretion of the court, in
addition to the penalties that may be imposed under the Revised Penal Code.
SECTION 7
The provisions of this Act shall be applicable only in case where the country
of the diplomatic or consular representative adversely affected has provided
for similar protection to duly accredited diplomatic or consular representatives
of the Republic of the Philippines by prescribing like or similar penalties for
like or similar offenses herein contained.itc-alf
SECTION 8