Question & AnswerQ&A (EXECUTIVE ORDER NO. 459)
The policy declares that all negotiations of 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 Department of Foreign Affairs is the lead agency that advises and assists the President in foreign relations and coordinates the negotiation of treaties and international agreements.
International agreement refers to any contract or understanding, regardless of its name, entered into between the Philippines and another government in written form and governed by international law, whether embodied in a single or multiple related instruments.
Treaties are international agreements requiring legislative concurrence after executive ratification, including compacts like conventions, declarations, covenants, and acts. Executive agreements are similar but do not require legislative concurrence.
Yes. The Secretary of Foreign Affairs, heads of Philippine diplomatic missions adopting treaty texts, and representatives accredited to international conferences or organizations adopting treaty texts do not require Full Powers by virtue of their functions.
Authorization must be secured by the lead agency from the President through the Secretary of Foreign Affairs in writing, proposing the delegation composition and recommending negotiation positions.
All executive agreements must be transmitted to the Department of Foreign Affairs after signature for ratification preparation; then endorsed to the President for ratification, with the original ratification returned to the Department for appropriate action.
Treaties must be submitted to the Senate of the Philippines for concurrence in ratification by the President, accompanied by certified true copies of the treaty and ratification instruments.
Provisional effect may be granted only if a pressing national interest will be upheld thereby, as determined by the Department of Foreign Affairs in consultation with concerned agencies.