Practice question
The President concludes a technical arrangement that validly implements an existing treaty, creates no new commitment requiring a treaty, and conflicts with neither the Constitution nor statute. A challenge alleges only that every executive agreement needs separate Senate concurrence. Which answer follows Saguisag?
- The challenge succeeds because the title of the instrument is irrelevant to every legal inquiry
- The challenge succeeds because implementation of treaties is forbidden
- The challenge fails: valid executive agreements are not all subject to separate Senate concurrence
- The challenge succeeds unless the House alone approves it
- The challenge fails because the President may suspend the Constitution
Legal references
- Saguisag v. Ochoa, G.R. Nos. 212426 and 212444, January 12, 2016, main decision, EDCA and executive agreements: https://lawphil.net/judjuris/juri2016/jan2016/gr_212426_2016.html
- 1987 Constitution, Article VII, Section 21, Senate concurrence in treaties: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
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