22 U.S.C. § 1394

Recognition of Philippine independence

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(a) Withdrawal of American sovereignty

On the 4th day of July immediately following the expiration of a period of ten years from the date of the inauguration of the new government under the constitution provided for in this Act, the President of the United States shall by proclamation withdraw and surrender all right of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States in and over the territory and people of the Philippine Islands, including all military and other reservations of the Government of the United States in the Philippines (except such naval reservations and fueling stations as are reserved under section 1391 of this title), and, on behalf of the United States, shall recognize the independence of the Philippine Islands as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution then in force.

(b) Naval reservations and fueling stations

The President of the United States is authorized and empowered to enter into negotiations with the government of the Philippine Islands, not later than two years after his proclamation recognizing the independence of the Philippine Islands, for the adjustment and settlement of all questions relating to naval reservations and fueling stations of the United States in the Philippine Islands, and pending such adjustment and settlement the matter of naval reservations and fueling stations shall remain in its present status.

(c) Property for diplomatic purposes(1) Whenever the President of the United States shall find that any properties in the Philippines, owned by the Philippine Government or by private persons, would be suitable for diplomatic or consular establishments of the United States after the inauguration of the independent Government, he may, with the approval of the Philippine Government, and in exchange for the conveyance of title to the United States, transfer to the said Government or private persons any properties of the United States in the Philippines. Title to any properties so transferred to private persons, and title to any properties so acquired by the United States, shall be vested in fee simple in such persons and the United States, respectively, notwithstanding the provisions contained in subsection (a) of this section.(2) Whenever, prior to July 4, 1946, the President of the United States shall find that any properties of the United States in the Philippines would be suitable for diplomatic and consular establishments of the United States after the inauguration of the independent Government, he shall designate the same by the issuance of a proclamation or proclamations, and title to any properties so designated shall continue to be vested in fee simple in the United States notwithstanding the provisions contained in subsection (a) of this section.(3) Title to the lands and buildings pertaining to the official residences of the United States High Commissioner to the Philippine Islands in the cities of Manila and Baguio, together with all fixtures and movable objects, shall continue to be vested in the United States after July 4, 1946, notwithstanding the provisions contained in subsection (a) of this section.(4) Administrative supervision and control over any properties acquired or designated by the President of the United States pursuant to this subsection, and over the official residences in the Philippines of the High Commissioner, shall, on and after July 4, 1946, be exercised by the Secretary of State, in accordance with Acts of Congress relating to property held by the United States in foreign countries for official establishments.(Mar. 24, 1934, ch. 84, § 10, 48 Stat. 463; Aug. 7, 1939, ch. 502, § 3, 53 Stat. 1230.)Editorial NotesReferences in Text

This Act, referred to in subsec. (a), is act Mar. 24, 1934, ch. 84, 48 Stat. 456, which enacted sections 1281a, 1391, 1393 to 1395 of this title, and section 1248 of Title 48, Territories and Insular Possessions, amended sections 1231 to 1234, 1237, 1238, 1239, 1241 to 1243, 1245, and 1247 of Title 48, and enacted a provision set out as a note under section 1391 of this title. For complete classification of this Act to the Code, see Tables.

Prior Provisions

Provisions similar to those contained in subsec. (a) of this section were contained in the first par. of section 10 of act Jan. 17, 1933, ch. 11, 47 Stat. 768.

Amendments

1939—Subsec. (c). Act Aug. 7, 1939, added subsec. (c).

Statutory Notes and Related SubsidiariesEffective Date of 1939 Amendment

Act Aug. 7, 1939, ch. 502, § 7, 53 Stat. 1233, provided that act Aug. 7, 1939, should become effective on Jan. 1, 1940, if certain conditions were fulfilled. The conditions were fulfilled and section became effective on said date.

Independence Date Advanced

Act June 29, 1944, ch. 322, § 3, 58 Stat. 626, provided in part that date of independence could be advanced prior to July 4, 1946, but it was not done.

Executive DocumentsProc. No. 2695. Philippine Independence

Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, provided in part:

The United States of America hereby withdraws and surrenders all rights of possession, supervision, jurisdiction, control, or sovereignty now existing and exercised by the United States of America in and over the territory and people of the Philippines; and,

On behalf of the United States of America, I do hereby recognize the independence of the Philippines as a separate and self-governing nation and acknowledge the authority and control over the same of the government instituted by the people thereof, under the constitution now in force.

Harry S. Truman

Notes of Decisions

Cited in 15 cases, 1952–2016 · leading case: Puerto Rico v. Sanchez Valle, 195 L. Ed. 2d 179 (2016).

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Puerto Rico v. Sanchez Valle, 195 L. Ed. 2d 179 (2016). · cites it 2× “463 , codified at 22 U. S. C. §1394 . That authorization culminated in the Treaty of Manila, signed in 1946 and approved by Congress that same year, which formally recognized the Philippines as an independent, self- governing nation-state.”

Rosario Santillan Valmonte v. Immigr. & Naturalization Serv., 136 F.3d 914 (2d Cir. 1998). · cites it 2× “456 , 463 (1934) (codified as amended at 22 U.S.C. § 1394 ). Furthermore, citizens of the Philippines, formerly “nationals” of the United States, were to be treated as aliens under the United States’ immigration laws.”

United States v. Lara, 124 S. Ct. 1628 (2004). “in political union with and under the sovereignty of the United States”); the Philippines—22 U.S.C. § 1394 (congressional authorization for the President to “withdraw and surrender all right of .”

Licudine v. Winter, 603 F. Supp. 2d 129 (D.D.C. 2009). “at 463 (codified at 22 U.S.C. § 1394 (a)). The Philippine Independence Act further provided that “citizens of the Philippine Islands who were not also citizens of the United States were to be considered ‘aliens’ under the immigration laws of the United States.”

United States v. Lara, 541 U.S. 193 (2004). · cites it 2× “in political union with and under the sovereignty of the United States"); the Philippines22 U. S. C. § 1394 (congressional authorization for the President to "withdraw and surrender all right of .”

Gonzales v. Barber, Dist. Dir., Immigr. & Naturalization Serv., San Francisco, Cal, 207 F.2d 398 (9th Cir. 1953). “2695, 22 U.S.C.A. § 1394 note. Section 8 of the Philippine Independence Act provided in pertinent part that “For the purposes of the Immigration Act of 1917 * * * and all other laws * * * relating to the * * * expulsion of aliens, citizens of the Philippine Islands who are not…”

Quiban v. United States Vets. Admin., 713 F. Supp. 436 (D.D.C. 1989). “Officers of the Old Philippine Scouts, who were predominately but not exclusively Americans, were paid the same as officers of the United States Army. See U.S. Army Center for Military History, The Status of Members of Philippine Military Forces During World War II 40 (June…”

Valentin Villarin v. United States, 307 F.2d 774 (9th Cir. 1962). “See 22 U.S.C.A. § 1394 and Proclamation No. 2695, effective July 4, 1946, 11 F.”

Victorio v. United States, 106 F. Supp. 182 (Ct. Cl. 1952). “1352 , 22 U.S.C.A. § 1394 note. 3 This 1918 law would seem to place the armed forces of the Philippines on the same footing as the National Guard when called into the service of the Army of the United States.”

Rabang v. Immigr. & Naturalization Serv., 35 F.3d 1449 (9th Cir. 1994). · cites it 2× “at 463 (codified at 22 U.S.C. § 1394 (a) (1990)). The act also declared that citizens of the Philippine Islands who were not also citizens of the United States were to be considered “aliens” under the immigration laws of the United States.”

Walker, Ex Parte Calvin Gary (Tex. App. 2016). “463 , codified at 22 U. S. C. §1394 . That authorization culminated in the Treaty of Manila, signed in 1946 and approved by Congress that same year, which formally recognized the Philippines as an independent, self- governing nation-state.”

Licudine v. Winter (D.D.C. 2009). “at 463 (codified at 22 U.S.C. § 1394 (a)). The Philippine Independence Act further provided that “citizens 8 of the Philippine Islands who were not also citizens of the United States were to be considered ‘aliens’ under the immigration laws of the United States.”

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