Diplomatic power, Constitutional Law

Preliminary

President – as sole organ and authority in external relations. In our system of government, the President, being the head of state, is regarded as the sole organ and authority in external relations and is the country’s sole representative with foreign nations. As the chief architect of foreign policy, the President acts as the country’s mouthpiece with respect to international affairs. Hence, the President is vested with the authority to deal with foreign states and governments, extend or withhold recognition, maintain diplomatic relations, enter into treaties, and otherwise transact the business of foreign relations. (Pimentel, Jr. v. Romulo, En Banc, G.R. No. 158088, 06 July 2005)

1. Treaty

a. President: Sole authority

President – sole authority in treaty-making. In the realm of treaty-making, the President has the sole authority to negotiate with other states. (Ibid.)

b. Concurrence of Senate

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate. (Section 21, Article VII, 1987 Constitution)

2/3 concurrence of Senate. While the President has the sole authority to negotiate and enter into treaties, the Constitution provides a limitation to his power by requiring the concurrence of 2/3 of all the members of the Senate for the validity of the treaty entered into by him. (Ibid.)

Purpose. The participation of the legislative branch in the treaty-making pro...

 



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