Category Archives: Executive Agreements

Agreement need not be in the form of a treaty

Posted on January 27, 2012 by Erineus

On December 11, 2009, then President Arroyo signed into law Republic Act No. (RA) 9851, otherwise known as the “Philippine Act on Crimes Against International Humanitarian Law, Genocide, and Other Crimes Against Humanity.”  Sec. 17 of RA 9851, particularly the … Continue reading →

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The Constitution vests in the President the power to enter into international agreements, subject, in appropriate cases, to the required concurrence votes of the Senate. Executive agreements may be validly entered into without such concurrence.

Posted on January 27, 2012 by Erineus

Petitioner’s final point revolves around the necessity of the Senate’s concurrence in the Agreement.  And without specifically saying so, petitioner would argue that the non-surrender agreement was executed by the President, thru the DFA Secretary, in grave abuse of discretion. … Continue reading →

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The terms “exchange of notes” and “executive agreements” have been used interchangeably, exchange of notes being considered a form of executive agreement that becomes binding through executive action

Posted on January 27, 2012 by Erineus

Validity of the RP-US Non-Surrender Agreement  Petitioner’s initial challenge against the Agreement relates to form, its threshold posture being that E/N BFO-028-03 cannot be a valid medium for concluding the Agreement. Petitioners’ contention––perhaps taken unaware of certain well-recognized international doctrines, … Continue reading →

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