Law Summary
Definition of Terms
- International Agreement: Written contracts or understandings between the Philippines and other governments, governed by international law.
- Treaties: International agreements requiring legislative concurrence after executive ratification.
- Executive Agreements: Similar to treaties but do not require legislative concurrence.
- Full Powers: Authority granted to negotiation delegates by the Head of State allowing binding commitments.
- National Interest: Benefits or enhanced prestige as defined by the country’s political/administrative leadership.
- Provisional Effect: Temporary enforcement of an agreement pending domestic compliance.
Authority to Negotiate
- Authorization must be secured from the President via the Secretary of Foreign Affairs before negotiations.
- Requests for negotiation authorization must include proposed delegation composition and recommended negotiation positions.
- Full Powers and formal instructions are required for permanent changes or international arrangements.
- Other agreements require written presidential authorization.
Full Powers
- The President issues Full Powers but may delegate this authority to the Secretary of Foreign Affairs.
- Certain officials (Secretary of Foreign Affairs, heads of diplomatic missions, accredited representatives to conferences/organizations) are exempt from needing Full Powers for negotiations or signing.
Negotiations
- The President decides on the composition of negotiation panels upon recommendation by DFA and the lead agency.
- Lead agencies must convene panels before negotiations to agree on negotiation parameters.
- No deviation from agreed parameters without panel consultation is allowed.
Entry into Force and Provisional Application
- Treaties or executive agreements enter into force only after meeting domestic requirements.
- Provisional effect is only permitted if it serves a pressing national interest.
- DFA, with involved agencies, decides on provisional application.
Domestic Requirements for Entry into Force
- Executive Agreements: Must be transmitted to DFA after signing for ratification processing; DFA sends to the President for ratification.
- Treaties: Must comply with executive agreement procedures and be submitted to the Senate for concurrence; ratification instrument accompanies submission.
- Upon Senate concurrence, DFA effects treaty entry into force.
Notice to Concerned Agencies
- DFA must notify concerned agencies once an agreement enters into force.
Determination of the Nature of Agreement
- DFA determines whether an agreement is a treaty or an executive agreement.
Separability Clause
- Invalidity of any part of the Order does not affect other provisions, which remain effective.
Repealing Clause
- Executive orders, proclamations, memorandum orders, or circulars inconsistent with this Order are repealed or modified accordingly.
Effectivity
- This Executive Order takes effect immediately upon approval.