Question & AnswerQ&A (EXECUTIVE ORDER NO. 459)
The policy of the State is that the negotiations of all treaties and executive agreements, or any amendments thereto, shall be coordinated with, and made only with the participation of, the Department of Foreign Affairs in accordance with Executive Order No. 292. The composition of any Philippine negotiation panel and the designation of the chairman shall be made in coordination with the Department of Foreign Affairs.
An 'international agreement' refers to a contract or understanding, regardless of nomenclature, entered into between the Philippines and another government in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments.
A treaty is an international agreement requiring legislative concurrence after executive ratification, which may include compacts like conventions, declarations, covenants, and acts. An executive agreement is similar to a treaty but does not require legislative concurrence.
Authorization must be secured from the President through the Secretary of Foreign Affairs prior to any international meeting or negotiation of a treaty or executive agreement.
The Secretary of Foreign Affairs, heads of Philippine diplomatic missions adopting treaty texts with accredited States, and representatives accredited to international conferences or organizations adopting treaty texts do not require Full Powers prior to negotiating or signing.
The composition of the Philippine panel or delegation is determined by the President upon the recommendation of the Secretary of Foreign Affairs and the lead agency if it is not the Department of Foreign Affairs. The lead agency convenes a panel meeting to establish negotiation parameters.
A treaty or executive agreement enters into force upon compliance with the domestic requirements stated in the Executive Order, including ratification procedures.
All executive agreements must be transmitted to the Department of Foreign Affairs for ratification papers. The Department, after endorsement by the concerned agency, transmits it to the President for ratification. The ratified instrument is then returned to the Department for action.
Treaties must be submitted by the Department of Foreign Affairs to the Senate for concurrence in the ratification by the President, alongside certified true copies of the treaty and ratification instruments.
The Department of Foreign Affairs determines whether an agreement shall be given provisional effect, in consultation with concerned agencies, and informs concerned agencies of the entry into force of the agreement.
A treaty or executive agreement may be given provisional effect only if it is shown that a pressing national interest will be upheld thereby, as determined by the Department of Foreign Affairs in consultation with concerned agencies.
National Interest refers to the advantage or enhanced prestige or benefit to the country as defined by its political and/or administrative leadership.
If any part or provision is held unconstitutional or invalid, other parts or provisions not affected shall continue to be in full force and effect, as stated in the separability clause.
Executive Order No. 459 took effect immediately upon its approval on November 25, 1997.