Proclamation No. 199, s. 1937

MALACAÑANG PALACE
Manila

BY THE PRESIDENT OF THE PHILIPPINES

Proclamation No. 199

PUBLISHING THE INSTRUCTIONS OF THE SECRETARY OF STATE-REGARDING THE EXCHANGE OF COMMUNICATIONS BETWEEN THE LEAGUE OF NATIONS AND THE GOVERNMENT OF THE COMMONWEALTH OF THE PHILIPPINES.

Whereas, the Secretary of State has issued the following instructions regarding the exchange of communications between the League of Nations and the Government of the Commonwealth of the Philippines:

"Although the Act grants to the Commonwealth Government a large measure of autonomy, the sovereignty of the United States is retained until relinquished by the President’s proclamation. Pending the relinquishment of sovereignty, certain definite limitations have been placed on the functions and authority of the Commonwealth Government.

"Section 2 (a) (10) of the Independence Act provides that, pending the final withdrawal of the sovereignty of the United States over the Islands, ‘Foreign affairs shall be under the direct supervision and control of the United States.’ Section 7 (2) of the Independence Act provides that: ‘The President of the United States shall have authority to suspend the taking effect of or the operation of any law, contract, or executive order of the Government of the Commonwealth of the Philippine Islands, * * * which in his judgment will violate international obligations of the United States.’

"The fulfillment of the obligations of this Government under the provisions of law above quoted obviously requires that communications between officials of the Commonwealth Government and foreign governments or international organizations should be transmitted through this Department in order that it may determine whether the subjects to which the communications relate are within the jurisdiction of the Commonwealth Government and whether any proposed declaration or action by that Government relating to international questions is in accord with the international policy and obligations of the Government of the United States.

"For the effective accomplishment of this purpose the procedure hereinafter outlined will be observed in the transmission of communications between the Commonwealth Government or any of its agencies and the League of Nations:

"1. Communications from the League addressed to the Government of the Philippine Commonwealth or its officials seeking information in regard to matters concerning the Philippine Islands, should be sent in the first instance to the Consulate at Geneva.

"2. Except as otherwise provided in paragraph 6, the Consulate will transmit such communications to the Department of State which, if it perceives no objection to the forwarding of the requests to the Philippine authorities, will forward the communications to the High Commissioner in Manila through the Bureau of Insular Affairs, War Department, Washington, D. C.

"3. The High Commissioner will transmit the communications to the proper Philippine authorities and will receive from them in reply such information and material as those authorities may desire to submit to the interested organization.

"4. Except as otherwise provided in paragraph 6, the High Commissioner will forward the information and material furnished by the Philippine authorities, together with such comment as the High Commissioner may care to make, to the Department of State through the Bureau of Insular Affairs of the War Department.

"5. Upon receipt of these communications from the High Commissioner, the Department will, if it perceives no objection, forward the communications to the Consulate at Geneva for transmission to the interested organization.

"6. Subject to the exception stated in paragraph 7, the Consulate at Geneva may forward direct to the High Commissioner requests for published reports and documents of the Commonwealth Government and, generally, requests for information which clearly do not involve any political question or any question requiring the consideration of the Department in the fulfillment of the obligations of the United States under the provisions of law above quoted. If the Consulate should entertain any doubt as to the propriety of the transmission direct to the High Commissioner of a particular communication, it should be transmitted to the Department with an expression of the Consulate’s views. Communications transmitted directly to the High Commissioner by the Consulate will be forwarded by the High Commissioner, in his discretion, to the appropriate Philippine authorities. The response of these authorities will be submitted to the High Commissioner who, in his discretion, will transmit it directly to the Consulate at Geneva for delivery to the interested organization.

"7. The exception to the general rule noted in (6) above, shall not apply to requests for information in regard to matters concerning ,(a) narcotics and narcotics control, and (b) armaments and other military matters.

"8. In transmitting communications dealing with League matters, care should be exercised to employ the most rapid mail service available, preference to be given the air mail whenever practicable. In urgent cases the request may be communicated by telegraph."

Now, therefore, I, Manuel L. Quezon, President of the Philippines, do hereby publish the above instructions of the Secretary of State, for the information and guidance of all concerned.

In witness whereof, I have hereunto set my hand and caused the seal of the Commonwealth of the Philippines to be affixed.

Done at the City of Manila, this sixth day of September, in the year of Our Lord, nineteen hundred and thirty-seven, and of the Commonwealth of the Philippines, the second.

MANUEL L. QUEZON
President of the Philippines

By the President:

ELPIDIO QUIRINO
Secretary of the Interior