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Saguisag Vs Ochoa Digest
Saguisag Vs Ochoa Digest
2. Philippine independence was declared on June 12 , 1898; 13. Petitioner Bayan challenged the Constitutionality of VFA but the
agreement was upheld as valid.
3. Treaty of Paris was signed by US and Spain on Dec. 10, 1898,
whereby Spain ceding several islands to US; 14. In 2002 , Balikatan was launched to send US troops to Mindanao
to assist Phil forces in the war on terror against Abu Sayaff.
4. In 1901, President Roosvelt issued an executive order
establishing the Subic Bay Naval Reservation; 15. On Sep. 23, 2009, in the light of the Subic rape case and after
hearings regarding VFA , Senate paased a resolution calling on the
5. In 1902, Roosvelt signed another EO establishing Fort Executive to renegotiate the VFA and if the US refused, issue a
Stotsenburg which was later occupied by Clark Airbase. notice of termination of the agreement
6. The was ensued between Phil. And US. The military victory 16. In 2012, Pres. Obama announced its strategic pivot towards Asia
enabled the US to establish control over the Phil. Politically and as laid down in Sustaining US global leadership, priorities for 21 st
economically. Successive military governors exercising military, century defense seeking to deploy 60% of its warship to Asia.
executive and civilian functions were appointed; Thereafter, dialogues were made in Washington . The dialogue
ended with the Phil. Delegation clearly upon the instruction of Pres.
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Aquino, agreeing to adopt a policy of increased of rotational The President may enter into an executive agreement on
presence of US troops , increased military exercises and more foreign military bases, troops, or facilities, if (a) it is not
frequent port calls by the US ships. the instrument that allows the presence of foreign military
bases, troops, or facilities; or (b) it merely aims to
17. In 2013 , US-Phil began negotiations for the Framework implement an existing law or treaty.
Agreement for increased rotational presence and enhanced defense
cooperation which sought to give US military access to the Phil The President had the choice to enter into EDCA by way
facilities. The framework was in the form of EXECUTIVE of a executive agreement or a treaty. No court can tell the
AGREEMENT NOT NEEDING THE SENATE’S CONCURRENCE. President to desist from choosing an executive agreement
The negotiators the changed the name of the framework agreement over a treaty to embody an international agreement, unless
to EDCA ( enhanced defense cooperation Agreement) the case falls squarely within Article VIII, Section 25.
Executive agreements may cover the matter of foreign
18 April 28, 2014 DFA Sec. Gazmin and US Ambassador to Ph. military forces if it merely involves detail adjustments.
Philip Goldberg signed the EDCA.
The executive agreement must not go beyond the
19. It was only on April 29, 2014 , the text of EDCA was made parameters, limitations, and standards set by the law and/or
publicy available via government websites. treaty that the former purports to implement; and must not
20. Finding EDCA grossly one-sided and greatly disadvantageous to unduly expand the international obligation expressly
the Philippines , petitioners, then, filed petitions before the SC mentioned or necessarily implied in the law or treaty.
questioning the constitutionality and or legality of EDCA. The executive agreement must be consistent with the
Hence, this petition. Constitution, as well as with existing laws and treaties.
1. A. YES.The President may enter into an executive agreement The starting point of our analysis is the rule that "an
pertaining to foreign military bases, troops, or facilities. The role of executive agreement xx x may not be used to amend a treaty.
the President as the executor of the law includes the duty to Both the history and intent of the Mutual Defense Treaty
defend the State, for which purpose he may use that power in the and the VFA support the conclusion that combat-related
conduct of foreign relations. SC has interpreted the faithful execution activities as opposed to combat itself such as the one subject
clause as an obligation imposed on the President, and not a of the instant petition, are indeed authorized.
separate grant of power.
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Hence, even if EDCA was borne of military necessity, it The effect of this statement is surprisingly profound, for, if
cannot be said to have strayed from the intent of the VFA taken literally, the phrase "shall not be allowed in the
since EDCA's combat-related components are allowed under Philippines" plainly refers to the entry of bases, troops, or
the treaty. facilities in the country.
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a President cannot function with crippled hands, but must be ineffective. Both types of international agreement are
capable of securing the rule of law. nevertheless subject To the supremacy of the Constitution.
Executive agreements may dispense with the requirement of This rule does not imply, though, that the President is
Senate concurrence because of the legal mandate with given carte blanche to exercise this discretion. Although
which they are concluded. As culled from the deliberations the Chief Executive wields the exclusive authority to
of the Constitutional Commission, past Supreme Court conduct our foreign relations, this power must still be
Decisions, and works of noted scholars, executive exercised within the context and the parameters set by the
agreements merely involve arrangements on the Constitution, as well as by existing domestic and
implementation of existing policies, rules, laws, or international laws. There are constitutional provisions that
agreements. They are concluded (1) to adjust the details of restrict or limit the President's prerogative in concluding
a treaty; (2) pursuant to or upon confirmation by an act of international agreements, such as those that involve the
the Legislature;or (3) in the exercise of the President's following:
independent power.
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