CLARIFYING THE PHILIPPINES-UNITED STATES MUTUAL DEFENCE TREATY

Locked in a stand-off with China over Scarborough Shoal, and following several hostile pronouncement bordering on military action intents by China against the Philippines, the Dept of Foreign Affairs issued a statement concerning the Philippines-United States Mutual Defence Treaty (document posted below the statement.)

To read about the US re-affirming its intention to honour the terms of the treaty, click on news link here

Statement of Foreign Affairs Secretary Albert F. del Rosario:Regarding the Philippines-U.S. Mutual Defense Treaty

[May 9, 2012] 

In view of inaccurate information on the subject of whether or not the U.S. is prepared to respond to its commitment to the Philippines under the Philippines-U.S. Mutual Defense Treaty (MDT), the Department of Foreign Affairs would like to establish as a matter of record that:

1. The Philippines and the United States entered into a Mutual Defense Treaty (MDT) on August 30, 1951 in Washington, D.C.

2. As stated in the MDT’s preamble, both the Philippines and the U.S. desire to publicly declare, through the MDT, their sense of unity and common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific Area. (refer to the 3rd paragraph of the MDT’s preamble.)

3. Article IV of the MDT states: “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.”

4. Article V of the MDT further provides that “an armed attack on either of the Parties is deemed to include an armed attack on:

• a. the metropolitan territory of either of the Parties, or
• b. on the island territories under its jurisdiction in the Pacific Ocean, and
• c. its armed forces, public vessels or aircraft in the Pacific.”

5. On January 6, 1979, U.S. Secretary of State Cyrus Vance in his letter to Philippine Foreign Secretary Carlos P. Romulo, cited Article V of the MDT and stated that “… as provided in Article V, an attack on Philippine armed forces, public vessels or aircraft in the Pacific would not have to occur within the metropolitan territory of the Philippines or island territories under its jurisdiction in the Pacific in order to come within the definition of Pacific area in Article V.” (underscoring supplied).

6. On May 24, 1999, US Ambassador to the Philippines Thomas C. Hubbard wrote a letter to Foreign Secretary Domingo L. Siazon affirming that “the US Government stands by its statements in the Vance-Romulo letter of January 6, 1979.” Moreover, in the same letter, Amb. Hubbard cited Defense Secretary William Cohen’s statement that “the US considers the South China Sea to be part of the Pacific Area.” (underscoring supplied).

7. On June 23, 2011, Secretary Hillary Clinton reaffirmed to Secretary Albert F. del Rosario during their meeting in Washington, D.C. that the U.S. “will honor its treaty obligations to the Philippines.”

8. In her remarks to the media after the said meeting, Secretary Clinton declared: “The Philippines and the United States are longstanding allies, and we are committed to honoring our mutual obligation.”

9. During the question and answer session in the same media event, Secretary Clinton was asked by a correspondent from ABS-CBN this question: “What will America do if China attacks Filipino forces in the Spratly Islands? Secretary Clinton’s reply was: “Well, as to your first question, the United States honors our Mutual Defense Treaty and our strategic alliance with the Philippines. I’m not going to discuss hypothetical events, but I want to underscore our commitment to the defense of the Philippines.” (Source: “Remarks with Philippines Foreign Secretary Albert del Rosario After Their Meeting,” Washington, D.C., June 23, 2011)

10. On November 16, 2011, Secretary Clinton and Secretary del Rosario signed the Manila Declaration which states: “The Republic of the Philippines and the United States today reaffirm our shared obligations under the Mutual Defense Treaty.” (Source: “Manila Declaration on U.S.-Philippine Alliance, 16 November 2011)

11. On April 30, 2012, during the Two Plus Two meeting in Washington, D.C., Secretary Clinton reiterated that the U.S. “reaffirms our commitment and obligations under the mutual defense treaty.” (Source: “Remarks during Press Availability,” State Department, Washington, D.C. April 30, 2012)

12. As additional information, under the US Constitution, the US President as Commander-in-Chief may commit US armed forces into action overseas although the US president is obliged to notify the US Congress within 48 hours of such action, as provided for under the U.S. War Powers Resolution of 1973. The same Resolution requires that such commitment of U.S. armed forces could not go beyond 60 days, with a further 30 day withdrawal period, without US congressional authorization. This means that a U.S. congressional authorization is needed only if the engagement of U.S. armed forces abroad would go beyond 60 days.  

13. It is important to note that, even in the absence of an actual armed attack against either the Philippines and the U.S., Article III of the MDT provides that the Philippines and the US, “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.” (underscoring supplied).

14. The recently concluded Two Plus Two meeting, at the Ministerial level, is a new mechanism for such high-level consultations.

Posted on Philippine Sabah Claim Forum

PHILIPPINES-US MUTUAL DEFENCE TREATY

MUTUAL DEFENSE TREATY  

Between the THE REPUBLIC OF THE PHILIPPINES and the THE UNITED STATES OF AMERICA 

The Parties of this Treaty   Reaffirming their faith in the purpose and principles of the Charter of the United Nations and their desire to live in peace with all peoples and all governments, and desiring to strengthen the fabric of peace in the Pacific area.  

Recalling with mutual pride the historic relationship which brought their two peoples together in a common bond of sympathy and mutual ideals to fight side-by-side against imperialist aggression during the last war.  

Desiring to declare publicly and formally their sense of unity and their common determination to defend themselves against external armed attack, so that no potential aggressor could be under the illusion that either of them stands alone in the Pacific area.  

Desiring further to strengthen their present efforts for collective defense for the preservation of peace and security pending the development of a more comprehensive system of regional security in the Pacific area.  

Agreeing that nothing in this present instrument shall be considered or interpreted as in any way or sense altering or diminishing any existing agreements or understandings between the Republic of the Philippines and the United States of America.  

Have agreed as follows:  

ARTICLE I. 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 relation from the threat or use of force in any manner inconsistent with the purposes of the United Nations.  

ARTICLE II. In 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.  

ARTICLE III. 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.  

ARTICLE 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 maintaininternational peace and security.  

ARTICLE V. For purposes of ARTICLE IV, an armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.  

ARTICLE VI. This Treaty does not affect and shall not be interpreted as affecting in any way the rights and obligations of the parties under the Charter of the United Nations or the responsibility of the United Nations for the maintenance of international peace and security.  

ARTICLE VII. This Treaty shall be ratified by the Republic of the Philippines and the United States of America in accordance with their respective constitutional processes and will come into force when instruments of ratification thereof have been exchanged by them at Manila.  

ARTICLE VIII. This Treaty shall remain in force indefinitely. Either Party may terminate it one year after notice has been given to the other party.In witness whereof the undersigned Plenipotentiaries have signed this Treaty.Done in duplicate at Washington this thirtieth day of August, 1951.  

For the Republic of the Philippines: (Sgd.) CARLOS P. ROMULO (Sgd.) JOAQUIN M. ELIZALDE (Sgd.) VICENTE J. FRANCISCO (Sgd.) DIOSDADO MACAPAGAL   

For the United States of America: (Sgd.) DEAN ACHESON (Sgd.) JOHN FOSTER DULLES (Sgd.) TOM CONNALLY (Sgd.) ALEXANDER WILEY