430. Editorial Note
During November–December 1958, despite Ambassador Bohlen’s protests, leaks to the Philippine press went on unabated. Moreover, during the negotiations on the question of duty determination for off-base offenses, the Philippine side would not give up the position that Philippine courts should be the ultimate arbiter in cases of dispute, whereas the U.S. Government maintained that duty determination by the offender’s commanding officer should be controlling. The Ambassador, however, found this posture too rigid and asked for consultation in Washington when negotiations deadlocked by December 1958.
Serrano also raised the issue of prior consultation with the Philippine Government for the use of U.S. military bases in the Philippines in the event of hostilities which were not covered by bilateral agreements or by SEATO, but he appeared to be deliberately avoiding the issue of nuclear weapons.
Documentation on these developments in the base negotiations is in Department of State, Central File 711.56396.