Law Summary
Definition of Terms
- International Agreement: Any contract or understanding governed by international law between the Philippines and another government.
- Treaties: International agreements requiring legislative concurrence after executive ratification.
- Executive Agreements: Agreements similar to treaties but not requiring legislative approval.
- Full Powers: Authority given by a Head of State or Government to a delegation head to bind the country.
- National Interest: Benefits or prestige as defined by political or administrative leadership.
- Provisional Effect: Temporary enforcement of an agreement pending fulfillment of domestic requirements.
Authority to Negotiate
- Negotiation authorizations must be obtained from the President via the Secretary of Foreign Affairs.
- Requests must be in writing, naming the delegation and outlining negotiation positions.
- Full Powers and formal instructions are required for permanent international arrangements.
Full Powers
- Issued by the President, possibly delegated to the Secretary of Foreign Affairs.
- Exceptions exist for the Secretary of Foreign Affairs, diplomatic mission heads (for treaty text adoption), and accredited representatives to international conferences or organizations.
Negotiations
- The Philippine negotiation panel’s composition is determined by the President upon recommendations from DFA and the lead agency.
- Pre-negotiation meetings to establish negotiation parameters are mandatory.
- No deviation from agreed parameters without prior consultation with panel members.
Entry into Force and Provisional Application
- Treaties and executive agreements come into effect on complying with domestic procedures.
- Provisional effect is only granted when there is a pressing national interest.
- DFA oversees the provisional effect decision in consultation with relevant agencies.
Domestic Requirements for Entry into Force
- Executive Agreements: Must be transmitted to DFA post-signing with agreement highlights and benefits.
- DFA, upon endorsement, forwards agreements to the President for ratification and manages post-ratification procedures.
- Treaties: Follow executive agreement procedures plus submission to the Senate for concurrence.
- Certified copies and ratification instruments accompany submissions to the Senate.
- The DFA acts on Senate concurrence to effect treaty enforcement.
Notice to Concerned Agencies
- DFA is responsible for notifying all relevant agencies about the entry into force of agreements.
Determination of the Nature of the Agreement
- DFA decides if an international agreement qualifies as a treaty or an executive agreement.
Separability Clause
- Invalidity of any part does not affect the enforceability of the remaining provisions.
Repealing Clause
- Contradictory orders, proclamations, and memoranda are repealed or modified accordingly.
Effectivity
- The Executive Order takes effect immediately upon approval.