Practice question
A proposed instrument is the first legal authorization for foreign military bases in the Philippines under the situation governed by Article XVIII, Section 25. It has Senate concurrence, but the other contracting State expressly refuses to recognize it as a treaty. No alternative qualifying instrument exists. May officials dismiss that refusal as irrelevant to Philippine constitutional compliance?
- Yes, Senate concurrence eliminates every other Section 25 requirement.
- No; recognition as a treaty by the other contracting State is an express additional constitutional requirement.
- Yes, because a press conference replaces recognition.
- Yes, if the document is called a friendship note.
- No, because the Constitution categorically prohibits all treaties with every foreign State.
Legal references
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 21; Article XVIII, Section 25.
- Saguisag v. Ochoa, G.R. Nos. 212426 and 212444, January 12, 2016, main decision: https://lawphil.net/judjuris/juri2016/jan2016/gr_212426_2016.html
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