Foreign Relations of the United States, 1958–1960, South and Southeast Asia, Volume XV

398. Telegram From the Embassy in the Philippines to the Department of State ¹

Manila , March 6, 1958—2 p.m.

3449. Limit distribution for Robertson. During my conversation with President (Embtel 3448)² he gave me opportunity by mentioning new cabinet would shortly be announced to bring up subject of Barrera. I told him I had read with mixed feelings reports today that Serrano would be Foreign Secretary and Barrera Secretary of Justice,³ saying that I had enjoyed the most cordial and cooperative relations with Serrano but as he was undoubtedly aware on American side we entertain some concern about Barrera because of the great responsibility the Secretary of Justice had under the bases agreement.

The President said he was aware of our sentiment on this subject but asked me why we felt that way. I told him insofar as I was concerned it was not because of Barrera’s role in the Bendetsen talks but rather because of the interpretation he attempted to place on the agreement in certain cases since I had been here, particularly the Carnes case,⁴ pointing out that had he not been overruled by Tuason⁵ in that case there would have been an extremely explosive issue between US and Philippines. I pointed out that duty status off base was possibly the most ticklish aspect of the bases agreement and that it was therefore important that final decision in this field should be made by a man who was both objective and genuinely wished to see the bases agreement work as smoothly as possible. I said that although I did not know Barrera personally, doubted if he would qualify on either count.

The President took no offense at my remarks but listened carefully and said that he felt he “could handle Barrera” and had had a talk with him on the Carnes case at the time in which he had disagreed with his interpretation.

Although as usual the President made no definite statement on the subject and there has been no official announcement, from his attitude I gather that the Barrera appointment is virtually certain. My only purpose in bringing the subject up was to make sure that the President was directly aware of our feelings on the off chance, which seemed very slim, that decision was not yet completely final.

Bohlen

1. Source: Department of State, Central Files, 796.13/3–658. Secret; Priority.
2. In telegram 3448 from Manila, March 6, Bohlen reported on his ceremonial call on Garcia and Garcia’s request for an interview with Dulles during the latter’s visit to Manila for the Fourth SEATO Council meeting, March 11–13. (Ibid., 796.11/3–658)
3. Jesus C. Barrera, Philippine Secretary of Justice, March 1958–May 1959.
4. The Carnes case arose in July 1957 out of an automobile accident which occurred, the United States contended, while the military person was on active duty. The Philippine judge, however, disagreed with the duty determination and refused to accord the United States an opportunity to present evidence. He was overruled by the Philippine Secretary of Justice.
5. Pedro Tuason, Philippine Secretary of Justice in 1957.