1. The HCA is a necessary first step to establish the legal entity of GGGI in the Philippines.

2. The draft HCA has already been forwarded by GGGI to DFA for review.
3. DFA has now shared the draft HCA to the concerned agencies (NEDA, DOF, CCC, DENR) for
their comments.
4. DFA is in the process of collecting and consolidating the comments from these agencies.
5. Once the comments are consolidated, the DFA needs to organize consultation meetings with
these agencies to establish the Government position.
6. The favorable position will then be endorsed to the Office of the President for ratification.
7. The approved HCA will then be submitted to Congress (Senate) for concurrence.



1. Negotiation
Pursuant to Executive Order 459,
1.1. Convene a meeting of the panel members prior to the commencement of any
negotiations for the purpose of establishing the parameters of the negotiating
position of the panel (from the different agencies of government who are
technical experts and resource persons-technical working groups).
1.2. The technical working groups would meet and outline the Philippine
position and embody this position in writing.
1.3. Negotiators of each State party would meet and discuss to arrive at a
mutually beneficial arrangement.
1.4. Once a final draft of the agreement is reached, it will be sent to the office of
the Chief Executive who will signify his approval.
1.5. If he approves the agreement, he will forward it to the Office of the
Executive Secretary, who in turn, will attest, to the authenticity and veracity of
the text signed or ratified. The Office of the Executive Secretary receives texts in
their final form but can override these agreements on broad grounds of it being
against the Constitution, the law or public policy, in general.

2. If and when the negotiators finally decide on the terms of the treaty, the same is
opened for signature (primarily intended as a means of authenticating the
instrument and for the purpose of symbolizing the good faith of the parties).

3. Ratification
The formal act by which a state confirms and accepts the provisions of a treaty
concluded by its representatives. Power to ratify is vested in the President and not, as
commonly believed, in the legislature.
Notwithstanding the sole authority of the President to negotiate and enter into
treaties, the 1987 Constitution limits his power by requiring the concurrence of 2/3 of all
the members of the Senate for the validity and effectivity of the treaty entered into by
him. The role of the Senate is confined to simply giving or withholding its
consent to the ratification.
4. The next step is the exchange of the instruments of ratification, which usually
also signifies the effectivity of the treaty unless a different date has been agreed
upon by the parties.

5. In our jurisdiction, for the treaty to be valid and effective, it must be
concurred in by the Senate.

5.1. Initially, the President, through a letter to the Senate, transmits to the
Senate the Instrument of Ratification and the text of the ratified treaty for
concurrence pursuant to Sec. 21, Art. VII of the Constitution. The President
transmits the same by acting through the Executive Secretary, who himself
makes a letter of endorsement to the Senate.
5.2. The Senate receives the agreement through its Legislative Bills and Index
Services (Bills and Index). The Bills and Index reproduces the text of the
agreement and includes it in the Order of Business. It also indexes and
publishes an abstract of the agreement.
5.3. At the beginning of each Senate Session, the Secretary of the Senate reports
all bills, proposed Senate resolutions, and correspondences from the other
branches of the government, and such other matters included in the Order of
Business. Like an ordinary bill, the international agreement undergoes three
readings.
5.4. Afterwards, the treaty is referred to the Committee on Foreign Relations.
If the treaty concerns other Committees, it is also referred to such other
Committees for their joint consideration and recommendation.

The role of the Committee is to study and analyze the agreement. It makes
consultations to studies and position papers. It conducts public hearings and
considers public testimonies. The final output and recommendations are
documented in the committee report. The committee report is filed with the Bills
and Index, which then includes it in the Calendar of Business for second reading.
5.5. At the start of the second reading, the Senator-Sponsor/s of the treaty
endorses the committee report to the Chamber through a sponsorship speech.
During the second reading, the treaty would be opened to general debate and to
amendments. At the close of the debate, the members of the Senate would vote.
5.6. If approved by the Senate, the bill would pass to third reading. The
Committee on Foreign Relations will document any action taken in the form of a
Proposed Resolution. The Proposed Resolution shall be engrossed and printed by
the Bills and Index, and distributed to each Senator three (3) days before third
reading.
5.7. After three days from the distribution of the resolution with the treaty
attached thereto, the Proposed Resolution shall be submitted for nominal voting.
The treaty shall be deemed approved if 2/3 of the Senators voted for its approval.
A Senate Resolution concurring in the ratification of the treaty is then adopted.
The adopted Senate Resolution is brought to the Secretary of the Senate, who
thereafter transmits a copy thereof to the Secretary of Foreign Affairs.

Host Country Agreement (HCA) is a kind of treaty or international agreement. The usual steps
in the treaty-making process in the Philippines are: negotiation, signature, ratification,
and exchange of the instruments of ratification.

Negotiation encompass steps 1-5 below. Negotiators of each State party would meet and
discuss to arrive at a mutually beneficial arrangement.
Signature is when the negotiators finally decide on the terms of the treaty, the same is opened
for signature.
Ratification is the formal act by which a state confirms and accepts the provisions of a
treaty. The power to ratify is vested in the President of the Philippines, and such power is
limited by our Constitution by requiring the concurrence of 2/3 of all the members of the
Senate for the validity and effectivity of the treaty entered into by him. The role of the
Senate is confined to simply giving or withholding its consent to the ratification.
The next step is the exchange of the instruments of ratification, which usually also signifies
the effectivity of the treaty unless a different date has been agreed upon by the parties.