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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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JL 
.I 
* 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
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 
international and executive agreements. The objective is to ensure that any international 
commitment made by the President, whether under bilateral or multilateral arrangements, does 
not go against our national security and interests. 
This bill is a consolidation of related bills submitted during the Tenth Congress before the 
Committee of Constitutional Amendments, Revision of Codes and Laws, of which the 
undersigned chaired.* 
* This hill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
MANDATING CONCURRENCE TO INTERNATIONAL AGREEMENTS AND 
EXECUTIVE AGREEMENTS 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled 
SECTION 1. Defiriitioiz of Terms. -For the purpose of this Act, the term: 
(A) “International agreement” refers to treaty, convention, act, general act, protocol, or 
any agreement with an external entity, involving political issues or changes of 
national policy and those involving international arrangements of a permanent 
character; and 
(B) “Executive agreement” refers to an agreement embodying adjustment of detail 
carrying out a law or a well-established national policy or tradition, or an agreement 
involving arrangements of a more or less temporary nature. 
SECTION2. No international agreement or executive agreement shall be valid and 
effective unless concurred in by at least two-thirds of all members of the Senate. 
SECTION3. Any international agreement or executive agreement or any part or 
provision thereof, which conflicts with or is contrary to the Constitution shall have no force and 
effect. 
SECTION 4. Exceptions. - The following agreements do not need Senate Concurrence: 
(A) Executive agreements concluded by the President in pursuance of an authorization 
contained in prior treaty; 
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(B) Executive agreements concluded by the President after prior Congressional 
authorization; 
(C) Executive agreements concluded by the President based on his exclusive powers 
such as his power to receive foreign ambassadors and recognize foreign 
governments, and to authorize the sending of medical missions of humanitarian 
reasons, provided that the same is effected through the Philippine National Red 
Cross; and 
(D) The acts of the President in his power as Commander-in-Chief of the Armed Forces 
of the Philippines, except when otherwise provided in Sections 5 and 6. 
All agreements negotiated by the President not covered by the foregoing shall be 
confirmed by a least two-thirds o f  all members of the Senate. 
SECTION 5. The deployment or assignment of Philippine military troops to any foreign 
country whether for peacekeeping missions or combat operations and regardless of the size or 
number thereof, can be authorized by the President only with the concurrence of the Senate. 
For this purpose, the President shall submit to the Senate for its concurrence, the 
corresponding international agreement or document which provided for the sending by the 
Philippine Government of military troops to another country for such purposes as specified 
therein. The President shall keep the Senate regularly posted on the status of such military 
contingents assigned abroad. 
SECTION 6. The provisions of Section 5 hereof shall also apply to international 
agreements involving other forms of military assistance such as military equipment and 
munitions which may be requested from the Philippine Government. 
SECTION 7. Separability Clause. - If any provision or part hereof is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
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SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provision of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 9. Effectivity Clause. - This Act shall take effect (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
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Approved, 
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