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Case Document

Bayan v. Zamora VFA

Nicolas v Romulo VFA

Lim v Exec. Sec Mutual Defense Treaty

Pimentel v Exec. Sec Rome Statute of the International Criminal Court

Renato v Rosario Philippine Comprehensive Financing Program for 1992

Pharmaceutical v DOH International Convention on the Rights of the Child

Abaya v Ebdane Loan Agreement No. PH-P204

Memorandum of Agreement on the Ancestral Domain


The Province of North Cotabato v
(MOA-AD) Aspect of the GRP-MILF Tripoli Agreement on
GRP Peace Panel
Peace of 2001

Bayan Muna v Romulo US-RP Non-Surrender Agreement

China National Machinery v Northrail Project Contract Agreement & Memorandum of


Santamaria Understanding (MOU)

Deutsche Bank AG Manila Branch


RP-Germany Tax Treaty
v CIR

Saguisag v Exec Sec (including


Enhanced Defense Corporation Agreement
dissenting and separate opinion)

Landbank v Atlanta Industries Loan Agreement No. 4833-PH


Mitsubishi Corp v CIR Notes executed by PH and Japan.

DPWH v CMC Road Improvement Component Loan No. 1473-PHI

Bulatao, Johann
Capacite, Mark
Casama, Fritz Paolo
Cruz, Malcolm Joshua
Faderguya, Mark
Infante, Paolo
Navarro, Bea Czarina
Ybañez, Marie Athena
Parties to the Document Subject matter
RP-US Temporary Troops
Validity of US custody over defendant
RP-US
Lance L/CPL Daniel Smith

Mutual assistance in case of an external


RP-US
attack

ICC's Jurisdiction over persons for the most


RP and other states
serious crimes of international concerns

RP and foreign creditor


Debt-Relief Contracts
governments

RP and other states Milk Code

Loans to be extended by Japan to the


Philippines for the
RP and Japan
improvement/rehabilitation of
infrastructures

the right of the Bangsamoro people on the


GRP and MILF
past suzerain authority of the sultanates

RP-US Extradition of persons

Construction of the North Luzon Railway


Northrail-CNMEG
System

RP-Germany Preferential Tax Rates

RP-US US Military Access to "Agreed Locations"

Procurement of Goods through Loan


IBRD-RP
Proceeds
RP-Japan; NPC-Mitsubishi Two loan agreements with Japan and a
Japan contract between Mitsubishi and NPC

RP and
Construction of Roads in Zamboanga Del
CMC/Monark/Pacific/Hi-Tri
Sur
Joint Venture
Process Legal Basis
Exchange of Notes, President signs Art VII, Sec 21
PH submitted the VFA only to US Congress within 60 days after
its ratification (under the Case-Zablocki Act), as an implementing Art XVIII, Sec 35
agreement of the MDT
Signed by plenipotentiaries in Washington, ratified by President,
Art II, Sec 2
exchange of instruments of ratification

PH through Charge d Affairs Manalo signed the Statute without Section 21, Article VII of
Senate concurrence 1987 Constitution

Signing by Secretary of Finance with concurrence of the Art VII, Sec 20; RA 245 as
President and consultation with Monetary Board amended by PD 142

Section 2, Article II
PH ratified the ICRC and Cory Aquino issued EO 51
EO 51

Exchange of Notes between Japan's Ambassador and Philippines'


Art. II, Section 2
Secretary of Foreign Affairs

The GRP and the MILF, through the Chairpersons of their


respective peace negotiating panels, were to sign a MOA-AD Art. II, Secs 2 and 22; Art.
preceded by a long process of negotiation and the concluding of X, Secs 1, 3, 15 and 20; UN
several prior agreements between the two parties beginning in DRIP
1996

Exchange of notes, DFA Secretary accepted terms Art II, Sec 2

Parties executed agreement stating that Philippine law shall be Article 2(1) of the Vienna
applicable Convention

Exchange of instruments, PH ratified the tax treaty Art II, Section 2

DFA and US Embassy exchanged diplomatic notes, DND and US


Ambassador signed the agreement, President ratified the Art. VII, Section 17
agreement

Executive agreement without Legislative Concurrence Art II Sec 2


Exchange of notes between Ph Govt and Japan Art. VII, Section 17

Philippines executed a Contract with a Joint Venture composed of


Art. VII, Section 17
international financial institutions
Ruling
Recognized as Treaty
Recognized as a binding international agreement by the US Congress,
implementing the VFA (ratified and concurred by both PH and US
Governments)
Recognized as Treaty; US forces are prohibited from engaging in an
offensive war on Philippine territory
Rome Statute as a treaty subject to ratification. President cannot be
subjected to mandamus to pass the signed copy of the treaty to the
Senate

Considered constitutional

ICMBS as a binding international law through transformation to local


legislation

WHA Resolutions are recognized as “soft law”

Agreement is an Executive Agreement; Exchange of Notes had been


practiced for a long time by States making them part of International
Customary Law.

Unconstitutional because the associative relationship envisioned


between the GRP and the BJE presupposes that the associated entity
is a state and implies that the same is on its way to independence.

An exchange of notes falls "into the category of inter-governmental


agreements"
The parties to the contract were not States as per the MOU. The
Contract Agreement is not an executive agreement, but merely an
ordinary commercial contract.
Recognized as a binding treaty; the period for availment of the tax
relief as required by the Revenue Memorandum Order should not
divest entitlement to the relief which would impair the value of the
tax treaty

Treated as an executed agreement

Treated as an executed agreement


The government of the Philippines binds itself, through the NPC, to
shoulder the tax obligations and liabilities of the Mitsubishi in
connection with paragraph 5 of the Exchange of Notes which is
considered as an Executive agreement and is binding even without
senate concurrence.
A foreign loan agreement with international financial institutions, is
an executive agreement contemplated by our government
procurement system