Terminating the State of War With Germany

Case Overview and Summary

Terminating the State of War With Germany

- The Philippines acquired a belligerent status against Germany when the United States declared war on Germany on December 11, 1941. (Whereas clause 2)
- The Philippine Army was inducted into the service of the U.S. Armed Forces before December 11, 1941. (Whereas clause 3)
- The Philippines signed the Declaration by the United Nations (Allied War Pact) on June 14, 1942, pledging to employ its full resources against common enemies and not make separate peace or armistice. (Whereas clause 4)
- The U.S., U.K., and France agreed in September 1950 to terminate the state of war with Germany and suggested that other countries, including the Philippines, coordinate the timing of such action. (Whereas clauses 5 and 6)
- The three occupying Powers assumed that: (Whereas clause 7)
    1. Their authority in Germany is not dependent on a state of war but on Germany's complete defeat. (Whereas clause 7(1))
    2. Terminating the state of war should not be interpreted as a separate peace settlement with Western Germany. (Whereas clause 7(2))
    3. Their domestic measures terminating the state of war will apply to the whole of Germany and all German nationals. (Whereas clause 7(3))
- Recent developments in world affairs made it desirable to terminate the state of war with Germany to integrate the German people into the community of peace-loving peoples. (Whereas clause 8)
- President Elpidio Quirino, upon the recommendation of the Secretary of Foreign Affairs, sent a message to Congress on July 9, 1951, recommending the approval of a resolution terminating the state of war between the Philippines and Germany for domestic purposes as of July 9, 1951, without prejudice to a formal peace settlement with Germany. (Operative clause)
- All administrative agencies are enjoined to refrain from any action that might impair the projected termination of the war as of July 9, 1951, pending appropriate action by Congress. (Operative clause)