CONTINUATION EXECUTIVE DEPARTMENT

Section 20 Power to Contract or Guarantee Foreign Loans

Limitations:
(1) The President may contract or guarantee foreign loans on
behalf of the Republic of the Philippines with the prior concurrence
of the Monetary Board; and
(2) Subject to such limitations as may be provided by law.

Section 21 Foreign Relations Powers include:

(1) Power to negotiate treaties and other international agreements

(a) BUT: Such treaty of international agreement must be

HUMSS concurred in by at least 2/3 of all Senators in order to be valid and
effective in our country.
PHILIPPINE POLITICS
2 (b) Options of Senate when a treaty is submitted for its approval:

MR. ARNOLD V. DE CASTRO (i) Approve with 2/3 majority;

(ii) Disapprove outright; or

(iii) Approve conditionally, with suggested amendments.

(c) If treaty is not re-negotiated, no treaty

(d) If treaty is re-negotiated and the Senate’s suggestions are

incorporated, the treaty will go into effect without need of further
Senate approval.

Note: While our municipal law makes a distinction between

international agreements and executive agreements, with the

2
former requiring Senate approval and the latter not needing the (c) The power to deport aliens is limited by the requirements of
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same, under international law, there is no such distinction. due process, which entitles the alien to a full and fair hearing.
Note: The President cannot, by executive agreement, undertake
an obligation which indirectly circumvents a legal prohibition. BUT: The alien is not entitled to bail as a matter of right.

(e) Conflict between treaty and municipal law.

(i) Philippine court:

Sources:
The later enactment will prevail, be it treaty or law, as it is the latest
expression of the State’s will.
LawPhil, <https://lawphil.net/consti/cons1987.html>, accessed last 10 October 2020.

(ii) International tribunal

Philippine Law Reviewers, https://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-
Treaty will always prevail. A State cannot plead its municipal law article-vii/, accessed last 10 October 2020.
to justify noncompliance with an international obligation.

(2) Power to appoint ambassadors, other public ministers, and

consuls.

(3) Power to receive ambassadors and other public ministers

accredited to the Philippines.

(4) Power to contract and guarantee foreign loans on behalf of the

Republic

(5) Power to deport aliens

(a) This power is vested in the President by virtue of his office,

subject only to restrictions as may be provided by legislation as
regards the grounds for deportation.

(b) In the absence of any legislative restriction to authority, the

President may still exercise this power.