Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate
Senate Resolution No. 39, adopted on March 2, 2020, requests the Supreme Court of the Philippines to clarify whether Senate approval is required for the abrogation of treaties that the Senate previously concurred in. The resolution highlights the constitutional provision that mandates Senate concurrence for treaties and notes the absence of explicit guidelines regarding their termination. This ambiguity raises important constitutional questions that could affect the nation's legal framework and international relations. The Senate seeks a definitive ruling to resolve this critical issue of checks and balances within the government.
Quick Answers
- What is Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate about?
- Senate Resolution No. 39, adopted on March 2, 2020, requests the Supreme Court of the Philippines to clarify whether Senate approval is required for the abrogation of treaties that the Senate previously concurred in. The resolution highlights the constitutional provision that mandates Senate concurrence for treaties and notes the absence of explicit guidelines regarding their termination. This ambiguity raises important constitutional questions that could affect the nation's legal framework and international relations. The Senate seeks a definitive ruling to resolve this critical issue of checks and balances within the government.
- What type of law is Senate Resolution No. 39?
- Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate (Senate Resolution No. 39) is a Philippine Other Rules and Procedures enacted by the Congress of the Philippines.
- When was Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate enacted?
- Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate (Senate Resolution No. 39) was enacted on Mar 2, 2020.
- What is the citation for Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate?
- Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate, Senate Resolution No. 39, Mar 2, 2020 (Philippines)
Law Information
- Reference Number
- Senate Resolution No. 39
- Date Enacted
- Category
- Other Rules and Procedures
- Subcategory
- Senate
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
March 2, 2020
SENATE RESOLUTION NO. 39
RESOLUTION ASKING THE HONORABLE SUPREME COURT OF THE PHILIPPINES TO RULE ON WHETHER OR NOT THE CONCURRENCE OF THE SENATE IS NECESSARY IN THE ABROGATION OF A TREATY PREVIOUSLY CONCURRED IN BY THE SENATE
WHEREAS, Section 21, Article VII of the 1987 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";
WHEREAS, Section 25, Article XVIII of the 1987 Constitution states: "After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting state";
WHEREAS, the text of the 1987 Constitution is clear as regards the required concurrence of the Senate for the validity of a treaty or international agreement;
WHEREAS, there is obviously a lacuna legis — an absence of any explicit provision in the 1987 Constitution — as to whether or not the concurrence of the Senate is necessary for the termination of any treaty earlier concurred in by the Body;
WHEREAS, considering the urgency of the determination of the purely legal question of whether or not the concurrence of the Senate is necessary in the abrogation of a treaty previously concurred in by the Senate, now is the most opportune time for this august body to obtain from the Honorable Supreme Court its declaration on this legal question;
WHEREAS, the ambiguity on the concurrence of the Senate in the abrogation of treaty involves an issue of transcendental importance that impacts on the country's constitutional checks and balances. It presents a constitutional issue that seriously affects the country's legal system as well as the country's relations with the international community: Now, therefore, be it
Resolved, as it is hereby resolved, To ask the Honorable Supreme Court of the Philippines to rule on whether or not the concurrence of the Senate is necessary in the abrogation of a treaty previously concurred in by the Senate.
Adopted,
(SGD.) VICENTE C. SOTTO IIIPresident of the Senate
This Resolution was adopted by the Senate on March 2, 2020.
(SGD.) MYRA MARIE D. VILLARICASecretary of the Senate
Cite This Law
Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate, Senate Resolution No. 39, Mar 2, 2020 (Philippines)
Asking the Supreme Court of the Philippines to Rule on Whether or Not the Concurrence of the Senate is Necessary in the Abrogation of a Treaty Previously Concurred in by the Senate, Senate Resolution No. 39 (Phil. 2020)
Related Laws
- Resolution Expressing the Strong Sense of the Senate that Any Treaty Ratified by the President of the Philippines should be Concurred in by the Senate, Otherwise the Treaty Becomes Invalid and IneffectiveSenate Resolution No. 105-15 • Nov 10, 2015 • Other Rules and Procedures
- Resolution Expressing the Sense of the Senate for the President to Reconsider His Plan to Withdraw from the VFA with the USA in the Meantime that the Senate is Reviewing the SameSenate Resolution No. 37 • Feb 10, 2020 • Other Rules and Procedures
- Resolution Concurring in the Ratification of the Treaty on the Prohibition of Nuclear WeaponsSenate Resolution No. 83 • Feb 1, 2021 • Other Rules and Procedures
- Resolution Concurring in the Ratification of the Treaty between the Republic of the Philippines and the Russian Federation on ExtraditionSenate Resolution No. 34 • Dec 18, 2019 • Other Rules and Procedures
- Resolution Concurring in the Ratification of the Treaty between the Republic of the Philippines and the Russian Federation on Mutual Legal Assistance in Criminal MattersSenate Resolution No. 35 • Dec 18, 2019 • Other Rules and Procedures
- Resolution Concurring in the Ratification of the Extradition Treaty Between the Government of the Republic of the Philippines and the Government of the Republic of IndiaSenate Resolution No. 037-14 • Mar 4, 2014 • Other Rules and Procedures
Browse More Other Rules and Procedures
Explore other laws in the Other Rules and Procedures category.
View All Other Rules and ProceduresNeed Help Understanding This Law?
Ask our AI assistant to explain provisions, implications, or related laws.
Ask AI About This Law