Policy on DFA participation
- Section 1 declares State policy that negotiations of all treaties and executive agreements, including any amendment thereto, must be coordinated with and made only with the participation of the Department of Foreign Affairs.
- Section 1 also requires that the composition of any Philippine negotiation panel and the designation of its chairman be made in coordination with the Department of Foreign Affairs.
- Section 1 ties the coordination requirement to the Department of Foreign Affairs’ role under Executive Order No. 292.
Definitions for agreement process
- Section 2(a) defines “International agreement” 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 in a single instrument or in two or more related instruments.
- Section 2(b) defines “Treaties” as international agreements entered into by the Philippines that require legislative concurrence after executive ratification, including compacts like conventions, declarations, covenants, and acts.
- Section 2(c) defines “Executive Agreements” as international agreements similar to treaties except that they do not require legislative concurrence.
- Section 2(d) defines “Full Powers” as authority granted by a Head of State or Government to a delegation head enabling the latter to bind the country to commitments made in the negotiations.
- Section 2(e) defines “National Interest” as an advantage or enhanced prestige or benefit to the country as defined by its political and/or administrative leadership.
- Section 2(f) defines “Provisional Effect” as recognition by one or both sides that an agreement be considered in force pending compliance with domestic requirements for effectivity.
Authority to negotiate and request basis
- Section 3 requires that prior to any international meeting or negotiation of a treaty or executive agreement, authorization must be secured by the lead agency from the President through the Secretary of Foreign Affairs.
- Section 3 requires the request for authorization to be in writing, proposing the composition of the Philippine delegation and recommending the range of positions to be taken by that delegation.
- Section 3 requires that for negotiations of agreements involving changes of national policy or those involving international arrangements of a permanent character entered into in the name of the Government of the Republic of the Philippines, authorization shall be in the form of Full Powers and formal instructions.
- Section 3 provides that for other agreements, a written authorization from the President is sufficient.
Full powers rules and who can act
- Section 4(a) provides that Full Powers are issued by the President of the Philippines, who may delegate this function to the Secretary of Foreign Affairs.
- Section 4 provides that the following persons do not require Full Powers prior to negotiating or signing a treaty or an executive agreement, or any amendment thereto, by virtue of their functions:
- Secretary of Foreign Affairs.
- Heads of Philippine diplomatic missions, for adopting the text of a treaty or agreement between the Philippines and the State to which they are accredited.
- Representatives accredited by the Philippines to an international conference or to an international organization or one of its organs, for adopting the text of a treaty in that conference, organization, or organ.
How negotiations are set and controlled
- Section 5(a) provides that in negotiations of agreements, the composition of the Philippine panel or delegation is determined by the President upon recommendation of the Secretary of Foreign Affairs and the lead agency if the lead agency is not the Department of Foreign Affairs.
- Section 5(b) requires the lead agency negotiating a treaty or executive agreement, or any amendment thereto, to convene a meeting of panel members prior to the commencement of negotiations.
- Section 5(b) requires the pre-negotiation meeting to establish the parameters of the negotiating position of the panel.
- Section 5(b) prohibits deviation from the agreed negotiating parameters without prior consultations with the members of the negotiating panel.
Entry into force and provisional effect
- Section 6(a) provides that a treaty or an executive agreement enters into force upon compliance with the domestic requirements stated in the Order.
- Section 6(b) prohibits granting provisional effect to a treaty or executive agreement unless it is shown that a pressing national interest will be upheld thereby.
- Section 6(b) requires the Department of Foreign Affairs, in consultation with the concerned agencies, to determine whether provisional effect shall be given to a treaty or executive agreement, or any amendment thereto.
Domestic requirements for ratification
Section 7 establishes the domestic requirements for the entry into force of a treaty or an executive agreement, or any amendment thereto.
Executive Agreements (Section 7(A))
- Section 7(A)(i) requires all executive agreements to be transmitted to the Department of Foreign Affairs after signing, for preparation of the ratification papers.
- Section 7(A)(i) requires the transmittal to include the highlights of the agreements and the benefits accruing to the Philippines.
- Section 7(A)(ii) requires the Department of Foreign Affairs, pursuant to endorsement by the concerned agency, to transmit the agreements to the President for ratification.
- Section 7(A)(ii) requires return of the original signed instrument of ratification to the Department of Foreign Affairs for appropriate action.
Treaties (Section 7(B))
- Section 7(B)(i) requires all treaties, regardless of designation, to comply with the requirements in Section 7(A)(1) and 2, Item A (Executive Agreements).
- Section 7(B)(i) requires the Department of Foreign Affairs to submit treaties to the Senate of the Philippines for concurrence in the ratification by the President.
- Section 7(B)(i) requires accompanying submissions to the Senate to include a certified true copy of the treaties (in numbers required by the Senate) and a certified true copy of the ratification instrument.
- Section 7(B)(ii) provides that upon receipt of Senate concurrence, the Department of Foreign Affairs shall comply with the treaty provisions to effect entry into force.
Notice and classification of agreement
- Section 8 requires the Department of Foreign Affairs to inform the concerned agencies of the entry into force of the agreement.
- Section 9 requires the Department of Foreign Affairs to determine whether an agreement is an executive agreement or a treaty.
Separability, repeals, and effectivity
- Section 10 provides a separability rule: if any part or provision is held unconstitutional or invalid, the remaining parts not affected continue in full force and effect.
- Section 11 repeals or modifies accordingly all executive orders, proclamations, memorandum orders, or memorandum circulars inconsistent with the Order.
- Section 12 provides that the Order takes effect immediately upon its approval.
Legal framework relied upon
- The Order is anchored on Executive Order No. 292 (Administrative Code of 1987), which establishes the Department of Foreign Affairs as the lead agency for foreign relations and its authority to negotiate treaties and other agreements pursuant to Presidential instructions and coordination with other government agencies.