The Philippine Bases and Status of Forces Agreement: Lessons for the Future
![handle is hein.journals/milrv137 and id is 73 raw text is: THE PHILPPINE BASES AND STATUS OF
FORCES AGREEMENT: LESSONS
FOR THE FUTURE
RAFAEL A. PORRATA-DORIA, JR.*
I. Introduction
Formal talks on the renegotiation of the Philippine Bases
and Status of Forces Agreement' (Philippines SOFA or current
Agreement) commenced in mid-September of 1990.2 The term of
the current Agreement, which is the agreement pursuant to which
the United States government maintains its military facilities at
Clark Air Base, Subic Bay, and other minor locations in the
Philippines,3 expired on September 21, 1991.4 On August 27,
1991, the Philippines and the United States signed an agreement
renewing the current Agreement.5 This agreement was rejected
by the Philippine Senate on September 9, 1991.6 As of the date of
this writing, Clark Air Force Base has been closed7 and Subic
Naval Base is in the process of being evacuated, with its facilities
being turned over to the Philippine government.8 A number of the
activities that occupied Subic Bay Naval Base apparently are
being transferred to Singapore.9
The renegotiation of the Philippine SOFA was an extremely
difficult endeavor. The bases covered by the Philippines SOFA are
*Associate Professor of Law, Temple University School of Law,
Philadelphia, PA. First Lieutenant, Judge Advocate General's Corps, United
States Army Reserve; Assistant Legal Officer, 416th Civil Affairs Company,
Norristown, PA. B.A, MAL, University of Pennsylvania, 1974; J.D., Yale Law
School, 1977. Member of the bars of Florida, New York, Pennsylvania, and Puerto
Rico. A draft of this article was submitted in partial satisfaction of the academic
requirements for the Judge Advocate Officers Advanced Course.
1Agreement Concerning Military Bases, Mar. 14, 1947, U.S.-PhiL, 61 Stat.
4019, T.IA.S. No. 1775 [hereinafter Bases Agreement].
2Preliminary negotiations on the renegotiation of the current Agreement
were scheduled to commence in mid-April of 1990. New Tals on U.S. Bases in
Philippines Set for Mid-April, L-A Tm=s, Mar. 9, 1990, at 28. These preliminary
talks actually commenced in May and were characterized by the press as angry.
Subic Bay Journal, Where American Might is a Bit High and Mighty, N.Y. TImEs,
Aug. 4, 1990, at A2. Further negotiations commenced on September 17, 1990, and
recessed soon thereafter. Time for Taps in Manila, NEWSWEMK, Oct. 1, 1990, at 44.
3Bases Agreement, supra note 1, art. I; id. art. 1, annex A.
4Amendment to Bases Treaty, Sept. 16, 1966, U.S.-PhiL, 17 U.S.T. 1212,
T.IAS. No. 6084 [hereinafter 1966 Amendment].
5U.S. Dep't of State, Office of the Assistant Secretary/Spokesman,
Statement on U.S. Philippine Treaty, Aug. 27, 1991.
6Philippine Panel: No U.S. Bases, PfiLt INQUmR, Sept. 10, 1991, at AS.
7U.S. Bids Farewell to Base, PHIaL IqQuiRER, Nov. 27, 1991, at AS.
Goodbye Subic Bay, WALL ST. J., Nov. 19, 1991, at A20.
9U.S. Will Transfer Naval Force to Singapore from Subic Bay Base, WAL.
ST. J., Jan. 6, 1992, at A4; Singapore Welcomes U.S. Navy, PImp. INQuIE, Jan.
4, 1992, at A3.](ViewImageLocal?handle=hein.journals/milrv137&div=6&collection=&method=preview&ext=.png&size=3)
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The Philippine Bases and Status of Forces Agreement: Lessons for the Future
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