USDODUnited States Department Of Defense
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In response, USDOD filed a motion to dismiss for failure to state a claim.
To the USDOD, the 1951 US-Philippines alliance treaty did not apply to the disputed area because it covered only the "metropolitan" areas of the Philippines, as stipulated in the 1899 Paris Treaty and the 1935 Philippine Constitution, and because the Philippines claimed the islets and waters subsequent to the treaty.