Saguisag V Exec Sec Digest
Saguisag V Exec Sec Digest
Rationale
-The manner of the President's execution of the law, even if
not expressly granted by the law, is justified by necessity and
limited only by law, since the President must "take necessary
and proper steps to carry into execution the law. It is the
President's prerogative to do whatever is legal and necessary
for Philippine defense interests (commander-in-chief powers).
-EDCA is considered an executive agreement, therefore may
be bound through the President without the need of
senatorial votes for its execution.
-The right of the Executive to enter into binding
agreements without the necessity of subsequent
Congressional approval has been confirmed by long usage.
TREATIES
Issues:
1. Whether the President may enter into an executive
agreement on foreign military bases, troops, or
facilities.
2. Whether the provisions under EDCA are consistent
with the Constitution, as well as with existing laws and
treaties.
Formal
EXECUTIVE AGREEMENTS
Become binding through
approval of two-thirds of
Senate or by Congress
the Senate
International
International
agreements
agreements
embodying adjustments
detail,
carrying
out
of
well
and
those involving
character
involving arrangements of a
more
temporary
nature
Must remain traceable to an
express
authorization
under
Constitution,
statutes,
treaties
Considered
superior
to
traditions and
agreements of a permanent
or
less
or
those
implied
the
or
Cannot
international
that
that is prior
allowed
create
are
implied
obligations
not
or
in
new
expressly
reasonably
the
law
they
or
treaty
are
considered ineffective
-The term "international agreements" does not include the
Dissenting Opinions
Brion: EDCA is constitutionally deficient and, hence, cannot
be enforced in our country. EDCA should be in the form of a
treaty.
Believes
interpretation
are
that
the
ponencia's
incorrect
because
approach
they
are
and
overly
1998
VFA
but
also
contains an
entirety
new
concurrence.
defensive
prepared
response,
the
Philippines
will
be
It
involves
key
political
issue
that
parties.
and effective
Facts:
that the act affects a public right. But here, aside from
aforementioned requirements.
taxpayers
Brion Dissent
disbursement.
act with grave abuse of discretion. The court may exercise its
power of judicial review over the act of the Executive
jurisdiction.
De Castro Dissent
from the VFA and the MDT. Whether the stay of the foreign
treaty.
treaty.