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HOUSEOFREPRESENTATIVES [ oucJUL 02 209 %
Quezon City te
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EIGHTEENTH CONGRESS * S&S 7 |
First Regular Session W &
940 ory SA
House Bill No. ——

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN IIL

EXPLANATORY NOTE

Among the powers of the President of the Philippines as the Chief Executive of the land, is to
act on behalf of our country in its dealing and relations with other countries. As such, he
exercises the treaty-making power. This power is not, however, absolute because Article VII,
Section 21 of the Constitution provides that, "No treaty or international agreement shall be
valid and effective unless concurred in by at least two-thirds of all the Members of the
Senate.”

The primary objective of the above-cited constitutional provision 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, and that Philippine
sovereignty is at all times upheld.

This bill is, therefore, being introduced to re-assert the power and to discharge the
responsibility of the Legislature, acting through the Senate, as vested under the Constitution,
to review any international agreement providing for the deployment abroad of Filipino
troops, whether for peacekeeping missions or combat operations, and regardless of the size or
number thereof,

The bill will also cover international agreements involving other forms of military assistance
such as military equipment and munitions which may be requested from the Philippines.

On the other hand, the sending of medical missions to a war-torn country for humanitarian
reasons, whether composed of Philippine government personnel or private volunteer groups,
is not covered under the bill, provided the same is done through the Philippine National Red
Cross and coordinated with the International Red Cross.

In view of the foregoing, the immediate approval of this bill is earnestly requested.

Pilipino Party-List


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
EIGHTEENTH CONGRESS
First Regular Session

House Bill 940

Introduced by MAGDALO Party-List Representative
HON. MANUEL DG. CABOCHAN III

AN ACT
REQUIRING THE CONCURRENCE OF THE SENATE OF THE PHILIPPINES IN
ANY INTERNATIONAL AGREEMENT PROVIDING FOR THE DEPLOYMENT
ABROAD OF PHILIPPINE MILITARY TROOPS WHETHER FOR
PEACEKEEPING MISSIONS OR COMBAT OPERATIONS PURSUANT TO
ARTICLE VII, SECTION 21 OF THE CONSTITUTION

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Definition of terms.- The terms, as used in this Act, shall be understood.
to mean:

A) The term “international agreement” refers to a 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 agreements of a
permanent character; and

B) The term "executive agreement” refers to an agreement embodying adjustments 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.

SEC. 2. Concurrence. - 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.

SEC. 3. Declaration of Nullity. - Any international agreement or executive agreement
or any part of provisions thereof, which conflicts with or is contrary to the Constitution, shall
have no force and effect

SEC. 4. Exceptions. - The following agreements do not need Senate concurrence:

A) Executive agreements concluded by the President in pursuance of an
authorization contained in a prior treaty that was concurred by the Senate;

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 ambassadors and recognize foreign governments and
to authorize the sending of medical missions for humanitarian reasons, provided
that the same is effected through the Philippine National Red Cross and
coordinated with the Intemational 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 Section 5 and 6.

All agreements negotiated by the President not covered by the foregoing shall be
confirmed by at least two-thirds of all members of the Senate.

SEC. 5. Authorization of the Deployment of Philippine Military Troops.- 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 of the Philippines only with the concurrence of the Philippine
Senate in accordance with the provisions of Article VII, Section 21 of the Constitution.

For this purpose, the President shall submit to the Senate for its concurrence, the
corresponding intemational agreement or document which provides for the sending by the
Philippine Government of military troops to another country for such purposes as specified
therein.

Upon concurrence by the Senate to any such intemational agreement involving the
deployment of Philippine military troops to another country, the President shall keep the
Senate regularly posted on the status of such military contingents assigned abroad.

SEC. 6. Authorization for the Provision of Any Other Forms of Military Assistance.
~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,

SEC. 7. Repeating Clause. - If any part hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected shall remain valid ‘and
subsisting,

SEC. 8. Separability Clause.- Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent
with the provisions of this Act is hereby repealed, modified or amended accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in at least two (2) newspapers of general circulation

Approved,