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Brief Fact Summary
Brief Fact Summary
Commanding Gen.
These ideas of funds advanced to meet
expenditures of the Phil Army as may be approved by
the USAFFE Comm-Gen, in connection w/ the
accounting requirement, evidently contradict
appellants thesis that the moneys represented
straight payments to RP Govt for its armed services,
& passed into the absolute control of such Govt
Instead of returning such amount into one lump
sum, our Exec Dept arranged for its repayment in 10
annual installments. Prima facie such arrangement
should raise no valid objection, given the obligation
to return.
2. YES (They have authority to bind Govt even w/o
Senate concurrence)
There is no doubt Pres Quirino approved the
negotiations. And he had the power to contract
budgetary loans under RA 213, amending RA 16.
The most impt argument, however, rests on the
lack of ratification of the Agreement by RP Senate to
make it binding on the Govt.
The ff explanation of the defendant was considered
persuasive by the Court
The agreement is not a treaty as that term is used
in CONSTI. However, a treaty is not the only form
that an intl agreement may assume. For the grant of
treatymaking power to the Executive & the Senate
does not exhaust the power of the govt over intl
relations.
Executive agreements may be entered into w/ other
states & are effective even w/o concurrence of
Senate.
In intl law, theres no difference betn treaties &
executive agreements in their binding effect upon
states concerned as long as the negotiating
functionaries have remained w/n their powers.
The distinction betn executive agreements &
treaties is purely a constl one & has not intl legal
significance.
Altman v. US: An intl compact negotiated betn the
reps of 2 sovereign nations & made in the name or
behalf of the contracting parties & dealing w/ impt
commercial relns betn the 2 countries, is a treaty
both internationally although as an executive
agreement it is not technically a treaty requiring the
advice & consent of the Senate
2 classes of Executive Agreements: 1) agreements
made purely as executive acts affecting external
relations & independent of or w/o legislative
authorization, w/c may be termed as presl
agreements; 2) agreements entered into in
pursuance of acts of Cong, w/c have been designated
as Congressional-Executive Agreements
The Romulo-Snyder Agreement may fall under any
of these 2 classes for on Sept 18, 1946, RP Congress
authorized the RP Pres to obtain such loans or incur
such indebtedness w/ the US.
Even granting theres no leg authorization, the
Agreement was legally & validly entered into to
conform to the 2nd category, namely, as agreements
entered into purely as executive acts w/o leg
authorization, w/c usu includes money agreements.
BAYAN v. ZAMORA
G. R. No. 138570
October 10, 2000
Facts:
The United States panel met with the Philippine panel
to discussed, among others, the possible elements of
the Visiting Forces Agreement (VFA). This resulted to
a series of conferences and negotiations which
culminated on January 12 and 13, 1998. Thereafter,
President Fidel Ramos approved the VFA, which was
respectively signed by Secretary Siazon and United
States Ambassador Thomas Hubbard.
Pres. Joseph Estrada ratified the VFA on October 5,
1998 and on May 27, 1999, the senate approved it by
(2/3) votes.
Cause of Action:
Petitioners, among others, assert that Sec. 25, Art
XVIII of the 1987 constitution is applicable and not
Section 21, Article VII.
Following the argument of the petitioner, under they
provision cited, the foreign military bases, troops, or
facilities may be allowed in the Philippines unless
the following conditions are sufficiently met:
a) it must be a treaty,
b) it must be duly concurred in by the senate, ratified
by a majority of the votes cast in a national
referendum held for that purpose if so required by
congress, and
c) recognized as such by the other contracting state.
Respondents, on the other hand, argue that Section
21 Article VII is applicable so that, what is requires
for such treaty to be valid and effective is the
concurrence in by at least two-thirds of all the
members of the senate.
ISSUE: Is the VFA governed by the provisions of
Section 21, Art VII or of Section 25, Article XVIII of the
Constitution?
HELD:
Section 25, Article XVIII, which specifically deals with
treaties involving foreign military bases, troops or
facilities should apply in the instant case. To a certain
extent and in a limited sense, however, the
provisions of section 21, Article VII will find
applicability with regard to the issue and for the sole