Law Summary
Definition of Terms
- International Agreement: A contract or understanding between the Philippines and another government, in written form and governed by international law.
- Treaties: International agreements requiring legislative concurrence after executive ratification; includes compacts, conventions, declarations, and covenants.
- Executive Agreements: Similar to treaties but do not require legislative concurrence.
- Full Powers: Authority granted by a head of state enabling a delegation head to bind the country in negotiations.
- National Interest: Benefits or enhanced prestige as defined by political or administrative leadership.
- Provisional Effect: Temporary recognition of an agreement as in force pending domestic compliance.
Authority to Negotiate
- Prior authorization from the President through the DFA Secretary is required before any international negotiation.
- Authorization requests must include the proposed Philippine delegation and negotiating positions.
- For permanent international arrangements or changes in national policy, formal Full Powers and instructions are required.
- Other agreements require only written authorization from the President.
Full Powers
- Issued by the President, possibly delegated to DFA Secretary.
- Exceptions to needing Full Powers include:
- Secretary of Foreign Affairs,
- Heads of diplomatic missions adopting treaty texts,
- Accredited representatives to international conferences.
Negotiations
- The President, upon DFA Secretary and lead agency recommendation, determines the composition of the Philippine negotiation panel.
- The lead agency must convene the panel before negotiations to establish negotiation parameters.
- No deviation from agreed parameters is allowed without prior consultation within the panel.
Entry into Force and Provisional Application
- Treaties and executive agreements enter into force after fulfilling constitutional and procedural domestic requirements.
- Provisional effect is given only when pressing national interest justifies, as determined by DFA in consultation with relevant agencies.
Domestic Requirements for Entry into Force
- Executive Agreements:
- Must be transmitted to DFA after signing for ratification preparation.
- DFA transmits agreements to the President for ratification upon agency endorsement.
- Ratified instruments are returned to DFA for action.
- Treaties:
- Must follow the process for executive agreements.
- Additionally, DFA submits treaties to the Senate for concurrence.
- Certified copies of the treaty and ratification must accompany Senate submission.
- Entry into force follows Senate concurrence.
Notice to Concerned Agencies
- DFA shall notify relevant agencies upon the entry into force of an agreement.
Determination of the Nature of the Agreement
- DFA is tasked to determine whether an agreement is an executive agreement or a treaty.
Separability Clause
- Invalidity of any part of the Order does not affect the validity and force of the remaining provisions.
Repealing Clause
- All inconsistent executive orders, proclamations, memorandum orders, or circulars are repealed or modified accordingly.
Effectivity
- The Executive Order takes effect immediately upon approval.