QuestionsQuestions (EXECUTIVE ORDER NO. 459)
It is the policy that negotiations of all treaties and executive agreements (or amendments thereto) must be coordinated with, and made only with the participation of, the Department of Foreign Affairs (DFA) in accordance with Executive Order No. 292. It also provides that the composition of any Philippine negotiation panel and the designation of its chairman shall be made in coordination with the DFA.
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. An “executive agreement” is similar to a treaty except that it does not require legislative concurrence.
Prior to any international meeting or negotiation of a treaty or executive agreement (or any amendment thereto), authorization must be secured by the lead agency from the President through the Secretary of Foreign Affairs, in writing, proposing the delegation’s composition and the range of positions.
It must be in the form of Full Powers and formal instructions.
(1) The Secretary of Foreign Affairs; (2) Heads of Philippine diplomatic missions, for adopting the text of a treaty/agreement between the Philippines and the State to which they are accredited; and (3) Representatives accredited to an international conference or international organization/organ, for adopting the text of a treaty in that conference/organization/organ.
The President determines the composition of the Philippine panel or delegation upon recommendation of the Secretary of Foreign Affairs and the lead agency if it is not the DFA.
The lead agency must convene a meeting of the panel members prior to negotiations to establish the parameters of the negotiating position. No deviation from the agreed parameters may be made without prior consultations with panel members.
It enters into force upon compliance with the domestic requirements stated in the Order.
Only if it is shown that a pressing national interest will be upheld. The DFA, in consultation with the concerned agencies, determines whether provisional effect may be given.
(1) After signing, executive agreements must be transmitted to the DFA for preparation of ratification papers, including highlights and benefits accruing to the Philippines. (2) Upon endorsement by the concerned agency, DFA transmits the agreements to the President for ratification, and the original signed instrument of ratification is returned to DFA for appropriate action.
All treaties must comply with the same initial requirements for executive agreements (highlights/benefits submission and transmission for ratification papers). Additionally, the DFA must submit the treaties to the Senate for concurrence in ratification by the President, accompanied by certified true copies of the treaties and the ratification instrument. After Senate concurrence, DFA effects the entry into force.
EO 459 provides that the DFA shall determine whether an agreement is an executive agreement or a treaty.
The DFA shall inform the concerned agencies of the entry into force of the agreement.
If any part or provision of the Order is held unconstitutional or invalid, other unaffected parts shall continue in full force and effect.
Effectivity: it takes effect immediately upon approval. Repealing: all executive orders, proclamations, memorandum orders, or memorandum circulars inconsistent with EO 459 are repealed or modified accordingly.