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OF THE PHILIPPINES 
1 
'04 .I:.)[. 
12 , __, 
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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
First Regular Session 
1 
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Introduced by Senator Miriam Defensor Santiago 
EXPLAN.4.TORY 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 Article 7, 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 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. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
i2 7 1 
1 
First Regular Session 
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OF THE! PHILIPPINES 
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S. B. NO.' 
i 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 Phihppznes In Congress 
assembled 
SECTION 1. Definition of Terms. 
(a) 
The term "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) 
the term "executive agreement" refers to an agreement embodying 
adjustment of detail carrying out a law or a well-established nationd policy 01- tradition, 
or an agreement involving arrangements of a more or less temporary nature 
SECTION 2. 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. 
SECTION 3. 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, 
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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; 
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, arid to authorize the sending of medical missions of humanitarian reasons, 
provided that the same is effected through the Philippine National Red Cross; and 
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d. 
The acts of the President in his power as Commmder-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 of 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. Xepuvabilzfj 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. 
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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SECT1049 Efeectivity Clahse. - This Act shall take effect (IS) days after its 
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publication in at 1:east two (2) newspapers of general circulation. 
Approved 
Fn: 787