FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
,~, 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
EXPLANATORY NOTE 
Among the powers of the President of the Philippines as Chief Executive of the Land is 
to act on behalf of our country in its dealings and relations with other countries. As such, he 
exercises the treaty-making power .. This power is not, however, absolute because the 
Constitution, Article VII, Section 21 provides that "no treaty or international agreement shall be 
valid and effective unless concurred in by at least two-thirds of the Members of the Senate." 
The proposed measure seeks to reassert such power, mandating Senate concurrence to 
intemational and executive agreements. The objective is to ensure that any intemational 
commitment made by the President, whether under bilateral or multilateral arrangements, does 
not go against our national security and interests.! 
1 This bill was originally filed during the Thirteenth Congress, First Regular Session 
, 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN1.~20 
S. No. ___ -"'-
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
10 
'll' 27 
P -' ''''2 
J L _ .1.J 
2 
MANDATING CONCURRENCE TO INTERNATIONAL AGREEMENTS AND 
3 
EXECUTIVE AGREEMENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
4 
SECTION 1. Definition of Terms. -For the purpose of this Act, the term: 
5 
(A) "International agreement" refers to treaty, convention, act, general act, protocol, or 
6 
any agreement with an external entity, involving political issues or changes of national policy 
7 
and those involving international arrangements of a permanent character; and 
8 
(B) "Executive agreement" refers to an agreement embodying adjustment of detail 
9 
carrying out a law or a well-established national policy or tradition, or an agreement involving 
10 
arrangements of a more or less temporary nature. 
11 
SECTION 2. No international agreement or executive agreement shall be valid and 
12 
effective unless concurred in by at least two-thirds of all members of the Senate. 
13 
SECTION 3. Any international agreement or executive agreement or any part or 
14 
provision thereof, which conflicts with or is contrary to the Constitution shall have no force and 
15 
effect. 
16 
SECTION 4. Exceptions. - The following agreements do not need Senate Concurrence: 
17 
(A) Executive agreements concluded by the President in pursuance of an authorization 
18 
contained in prior treaty; 
1 


1 
(B) Executive agreements concluded by the President after pnor Congressional 
2 
authorization; 
3 
(C) Executive agreements concluded by the President based on his exclusive powers such 
4 
as his power to receive foreign ambassadors and recognize foreign governments, and to authorize 
5 
the sending of medical missions of humanitarian reasons, provided that the same is effected 
6 
through the P~i1ippine National Red Cross; and 
7 
(D) The acts of the President in his power as Commander-in-Chief of the Armed Forces 
8 
of the Philippines, except when otherwise provided in Sections 5 and 6. 
9 
All agreements negotiated by the President not covered by the tore going shall be 
10 
confinned by a least two-thirds of all members of the Senate. 
11 
SECTION 5. The deployment or assignment of Philippine military troops to any foreign 
12 
country whether for peacekeeping missions or combat operations and regardless of the size or 
13 
number thereof, can be authorized by the President only with the concurrence of the Senate. For 
14 
this purpose, the President shall submit to the Senate for its concurrence, the corresponding 
15 
international agreement or document which provided for the sending by the Philippine 
16 
Government of military troops to another country for such purposes as specified therein. The 
17 
President shall keep the Senate regularly posted on the status of such military contingents 
18 
assigned abroad. 
19 
SECTION 6. The provisions of Section 5 hereof shall also apply to international 
20 
agreements involving other forms of military assistance such as military equipment and 
21 
munitions which may be requested from the Philippine Government. 
22 
SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
23 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
24 
valid and subsisting. 
2 


• 
> 
• 
1 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
2 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
3 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
4 
5 
SECTION 9. Effectivity Clause. - This Act shall take effect (15) days after its publication 
6 
in at least two (2) newspapers of general circulation. 
Approved, 
3