Question IX-C, Political Law, 2017 Bar Exam

The President signs an agreement with his counterpart in another country involving reciprocity in the treatment of each country's nationals residing in the other's territory. However, he does not submit the agreement to the Senate for concurrence.

Sec. 21, Art. VII of the Constitution provides that no treaty or international agreement shall be valid and effective without such concurrence.

Is the agreement signed by the President effective despite the lack of Senate concurrence? Explain your answer. (4%)

Suggested Answer:

Yes. Answer

Under jurisprudence, executive agreements may be validly entered into without the Senate’s concurrence. Rule

In the case at bar, the President entered into an executive agreement and not a treat. Accordingly, Senate concurrence is not necessary. Apply

Thus, the agreement signed by the President is effective despite the lack of Senate concurrence. Conclusion
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