Philippine Bar review · Question

Practice question: Power to Concur in Treaties or International Agreements

Multiple Choice Hard

Practice question

A valid treaty permits a limited activity and expressly forbids a particular permanent foreign facility. A later document called an implementing executive agreement authorizes precisely that prohibited facility. Officials rely solely on executive-agreement form and concede the conflict. Under Saguisag, what is the strongest response?
  1. Executive-agreement form automatically overrides a treaty.
  2. The President may call any amendment a detail and make it valid.
  3. Treaties have no legal effect after one implementing document.
  4. An implementing executive agreement must remain within its treaty’s limits and cannot be used to amend it through the conceded contradiction.
  5. The conflict is cured solely by publishing the agreement’s title.

Legal references

  • 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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