Terminating the State of War With Germany
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Terminating the State of War With Germany
Proclamation No. 264
July 9, 1951
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)
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Executive Issuances
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Philippines
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state of war
termination
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Terminating the State of War With Germany
Proclamation No. 264
•July 9, 1951
MALACAÑANGManila
BY THE PRESIDENT OF THE PHILIPPINES
Proclamation No. 264
TERMINATING THE STATE OF WAR WITH GERMANY
WHEREAS, on December 11, 1941 the United States of America declared that a state of war existed between the United States and Germany;
WHEREAS, by virtue of the relationship existing between the Commonwealth of the Philippines and the United States of America the Philippines acquired a belligerent status at the moment the state of war was declared between the United States and Germany;
WHEREAS, before December 11, 1941, the Philippine Army was inducted into the service of the Armed Forces of the United States of America;
WHEREAS, on June 14, 1942, the Philippines became a signatory to the Declaration by the United Nations, otherwise known as the Allied War Pact, and thereby pledged to employ its full resources, military or economic, against the common enemies and promised not to make separate peace or armistice with any of them;
WHEREAS, the three Western Occupying Powers, namely, the United States, the United Kingdom and France agreed in September, 1950 to...
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