Philippine Bar review · Question

Practice question: Power to Concur in Treaties or International Agreements

Multiple Choice Medium Jurisprudence

Practice question

An executive agreement merely supplies implementation details fully within an existing valid treaty and applicable law. It is not the principal instrument first allowing foreign military presence. A challenger objects solely that every implementing agreement must undergo a new Senate concurrence vote. Under Saguisag, which is best?
  1. Every implementing agreement is automatically a treaty requiring a new vote.
  2. No agreement concerning military activities can ever be implemented.
  3. Saguisag recognizes valid implementing executive agreements within the existing law or treaty’s limits; the categorical objection is insufficient.
  4. An executive agreement can freely amend the Constitution.
  5. A party’s label conclusively prevents all judicial scrutiny.

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
  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 21; Article XVIII, Section 25.

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