Procedure for Determination of International Agreements as Executive Agreements

December 19, 1988 MEMORANDUM CIRCULAR NO. 89 PROVIDING FOR THE PROCEDURE FOR THE DETERMINATION OF INTERNATIONAL AGREEMENTS AS EXECUTIVE AGREEMENTS Article VII, Section 21, of the Constitution states: "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." It is an accepted principle recognized in Philippine jurisprudence that international agreements which have the nature of an executive agreement do not require the concurrence of the Senate to be valid and effective. Questions, however, may arise in the Executive branch of the government as what international agreements entered into by the President are executive agreements. In the event of any serious question as to whether an international agreement is a treaty which should be submitted to the Senate for concurrence, or an executive agreement which does not require such concurrence, the matter should be brought to the attention of the Secretary of the Department of Foreign Affairs by a memorandum of the official responsible for the negotiation of said agreement. The said memorandum shall be referred to the Legal Adviser of the said Department and the Assistant Secretary in charge of the liaison between the Department of Foreign Affairs and the Senate, for their comment. Whenever circumstances permit, consultation shall be made with the leadership and members of the Senate. The Secretary of the Department of Foreign Affairs shall forthwith make the proper recommendation to the President. CIETDc Manila, December 19, 1988.