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6. The was ensued between Phil. And US. The military victory 16. In 2012, Pres. Obama announced its strategic pivot towards Asia
enabled the US to establish control over the Phil. Politically and as laid down in Sustaining US global leadership, priorities for 21 st
century defense seeking to deploy 60% of its warship to Asia.
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Thereafter, dialogues were made in Washington . The dialogue clause as an obligation imposed on the President, and not a
ended with the Phil. Delegation clearly upon the instruction of Pres. separate grant of power.
Aquino, agreeing to adopt a policy of increased of rotational
presence of US troops , increased military exercises and more The President may enter into an executive agreement on
frequent port calls by the US ships. foreign military bases, troops, or facilities, if (a) it is not
the instrument that allows the presence of foreign military
17. In 2013 , US-Phil began negotiations for the Framework bases, troops, or facilities; or (b) it merely aims to
Agreement for increased rotational presence and enhanced defense implement an existing law or treaty.
cooperation which sought to give US military access to the Phil
facilities. The framework was in the form of EXECUTIVE The President had the choice to enter into EDCA by way
AGREEMENT NOT NEEDING THE SENATE’S CONCURRENCE. of a executive agreement or a treaty. No court can tell the
The negotiators the changed the name of the framework agreement President to desist from choosing an executive agreement
to EDCA ( enhanced defense cooperation Agreement) over a treaty to embody an international agreement, unless
the case falls squarely within Article VIII, Section 25.
18 April 28, 2014 DFA Sec. Gazmin and US Ambassador to Ph. Executive agreements may cover the matter of foreign
Philip Goldberg signed the EDCA. military forces if it merely involves detail adjustments.
19. It was only on April 29, 2014 , the text of EDCA was made The executive agreement must not go beyond the
publicy available via government websites. parameters, limitations, and standards set by the law and/or
treaty that the former purports to implement; and must not
20. Finding EDCA grossly one-sided and greatly disadvantageous to unduly expand the international obligation expressly
the Philippines , petitioners, then, filed petitions before the SC mentioned or necessarily implied in the law or treaty.
questioning the constitutionality and or legality of EDCA.
The executive agreement must be consistent with the
Hence, this petition. Constitution, as well as with existing laws and treaties.
ISSUES: In light of the President's choice to enter into EDCA in the
1. A. Whether the President may enter into an executive form of an executive agreement, respondents carry the
agreement on foreign military bases, troops, or facilities? (YES) burden of proving that it is a mere implementation of
existing laws and treaties concurred in by the Senate.
B. Is EDCA a treaty or an international agreement that requires EDCA must thus be carefully dissected to ascertain if it
Senate concurrence? (No) remains within the legal parameters of a valid executive
agreement. EDCA is consistent with the content, purpose, and
HELD:
framework of the MDT and the VFA
1. A. YES.The President may enter into an executive agreement
The starting point of our analysis is the rule that "an
pertaining to foreign military bases, troops, or facilities. The role of
executive agreement xx x may not be used to amend a treaty.
the President as the executor of the law includes the duty to
Both the history and intent of the Mutual Defense Treaty
defend the State, for which purpose he may use that power in the
and the VFA support the conclusion that combat-related
conduct of foreign relations. SC has interpreted the faithful execution
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activities as opposed to combat itself such as the one subject held for that purpose, and recognized as a treaty by the
of the instant petition, are indeed authorized. other contracting State.
Hence, even if EDCA was borne of military necessity, it The effect of this statement is surprisingly profound, for, if
cannot be said to have strayed from the intent of the VFA taken literally, the phrase "shall not be allowed in the
since EDCA's combat-related components are allowed under Philippines" plainly refers to the entry of bases, troops, or
the treaty. facilities in the country.
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conferment of national awards under the President's jurisdiction; treated differently. Executive agreements that are
and the overall administration and control of the executive inconsistent with either a law or a treaty are considered
department. These obligations are as broad as they sound, for ineffective. Both types of international agreement are
a President cannot function with crippled hands, but must be nevertheless subject To the supremacy of the Constitution.
capable of securing the rule of law.
This rule does not imply, though, that the President is
Executive agreements may dispense with the requirement of given carte blanche to exercise this discretion. Although
Senate concurrence because of the legal mandate with the Chief Executive wields the exclusive authority to
which they are concluded. As culled from the deliberations conduct our foreign relations, this power must still be
of the Constitutional Commission, past Supreme Court exercised within the context and the parameters set by the
Decisions, and works of noted scholars, executive Constitution, as well as by existing domestic and
agreements merely involve arrangements on the international laws. There are constitutional provisions that
implementation of existing policies, rules, laws, or restrict or limit the President's prerogative in concluding
agreements. They are concluded (1) to adjust the details of international agreements, such as those that involve the
a treaty; (2) pursuant to or upon confirmation by an act of following:
the Legislature;or (3) in the exercise of the President's
independent power.
First, executive agreements must remain traceable to an 1. The policy of freedom from nuclear weapons within
express or implied authorization under the Constitution, Philippine territory
statutes, or treaties. The absence of these precedents puts 2. The fixing of tariff rates, import and export quotas,
the validity and effectivity of executive agreements under tonnage and wharfage dues, and other duties or imposts,
serious question for the main function of the Executive is which must be pursuant to the authority granted by
to enforce the Constitution and the laws enacted by the Congress
Legislature, not to defeat or interfere in the performance of
these rules. 3. The grant of any tax exemption, which must be
pursuant to a law concurred in by a majority of all the
In sum, executive agreements cannot create new Members of Congress. The contracting or guaranteeing,
international obligations that are not expressly allowed or on behalf of the Philippines, of foreign loans that must be
reasonably implied in the law they purport to implement. previously concurred in by the Monetary Board.
Second, treaties are, by their very nature, considered
superior to executive agreements. Treaties are products of the
acts of the Executive and the Senate unlike executive
agreements, which are solely executive actions. Because of
legislative participation through the Senate, a treaty is
regarded as being on the same level as a statute. If there
is an irreconcilable conflict, a later law or treaty takes
precedence over one that is prior. An executive agreement is
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