Question & AnswerQ&A (OP 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.
An international agreement is defined as 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.
Treaties are international agreements entered into by the Philippines which require legislative concurrence after executive ratification, including compacts like conventions and covenants. Executive agreements are similar to treaties but do not require legislative concurrence.
Authorization must be secured by the lead agency from the President through the Secretary of Foreign Affairs, in writing proposing the composition of the delegation and the negotiation positions.
Full Powers is the authority granted by a Head of State or Government to a delegation head enabling the latter to bind his country to the commitments made in the negotiations to be pursued.
The Secretary of Foreign Affairs; Heads of Philippine diplomatic missions for adopting treaty texts with the State they are accredited to; and Representatives accredited to international conferences or organizations for adopting treaty texts therein.
The lead agency must convene a meeting of panel members to establish the parameters of the negotiating position; no deviation from these parameters can be made without consulting the panel members.
Executive agreements must be transmitted to the Department of Foreign Affairs after signing, highlighting the agreement's benefits. The Department transmits it with endorsement to the President for ratification, and the original ratification instrument is returned to the Department for appropriate action.
Besides complying with the executive agreement procedures, treaties must be submitted by the Department of Foreign Affairs to the Senate for concurrence in the ratification by the President. Certified copies of the treaty and ratification instrument must accompany the submission. After Senate concurrence, the treaty's provisions for entry into force are complied with.
The Department of Foreign Affairs determines the nature of the agreement.
Provisional effect may be given only if a pressing national interest will be upheld thereby, as determined by the Department of Foreign Affairs in consultation with concerned agencies.
Other parts or provisions not affected shall continue to be in full force and effect, according to the Separability Clause.
It took effect immediately upon its approval on November 25, 1997.