July 10 - Discussion

1. Differentiate Law from Statute

2. Classes of Statue of Law
3. Treaties vs International Agreements (distinguish)
International agreement shall refer to a contract or understanding, regardless of nomenclature,
entered into between the Philippines and another government in written form and governed by
international law, whether embodied in single instruments.
Treaties - international agreements entered into by the Philippines which require legislative
concurrence after executive ratification. This term may include compacts like conventions,
declarations, covenants and acts.
Executive Agreement - similar to treaties except that they do not require legislative concurrence.

(Taken From: EXECUTIVE ORDER NO. 459

PROVIDING FOR THE GUIDELINES IN THE NEGOTIATION OF INTERNATIONAL AGREEMENTS AND
ITS RATIFICATION – Signed by Fidel V. Ramos)

4. Treaties and Executive Agreements

SECTION 7. Domestic Requirements for the Entry into Force of a Treaty or an Executive Agreement. -
The domestic requirements for the entry into force of a treaty or an executive agreement, or any
amendment thereto, shall be as follows:
Executive Agreements.
All executive agreements shall be transmitted to the Department of foreign Affairs after their signing
for the preparation of the ratification papers. The transmittal shall include the highlights of the
agreements and the benefits which will accue to the Philippines arising from them.
The Department of Foreign Affairs, pursuant to the endorsement by the concerned agency, shall
transmit the agreements to the President of the Philippines for his ratification. The original signed
instrument of ratification shall them be returned to the Department of Foreign Affairs for
appropriate action.
Treaties.
All treaties regardless of their designation, shall comply with the requirements provided in sub-
paragraph 1 and 2, item A (Executive Agreements) of this Section. In addition, the Department of
Foreign Affairs shall submit the treaties to the Senate of the Philippines for concurrence in the
ratification by the President. A certified true copy of the treaties, in such numbers as may be require

The Supreme Court has long held that under international law, executive agreements and treaties
are practically the same in their ability to bind the Philippine government to an agreement with
another government. “[T]here is no difference between treaties and executive agreements in their
binding effect upon states concerned,”

A full-fledged treaty is required only when an agreement involves changes in Philippine national
policy, and the agreement must therefore be submitted to the Senate for ratification. On the other
hand, when an agreement merely implements already existing treaty obligations, laws or policy, an
executive agreement will suffice.
5. Are treaties approved by Congress
6. Define a Treaty
7. Define an International Agreement
8. What is a bilateral agreement
9. How to distinguish treat and bilateral agreement
10. Can President enter into a Bilateral Agreement without the congress
11. What are the kinds of Statute
a. As to Nature
b. As to Application
c. As to Performance
d. As to Scope
e. Others (3)
12. What laws can be given retrospective effect
13. Mandatory laws are substantive in nature.
14. Article 19 of the Civil Code is substantive is it Mandatory or Directory?
15. Article 3 of the Civil Code Mandatory?
16. What are the Parts of a Statute
a. What happens if the title has more than 1 subject?
b. Will the entire law be void?
c. Should the title be in harmony with the body?
d. What if there is a conflict between the title and the body?
e. What Constitutional requirement, under the bill of rights, explains why the body and the
title should only embrace one subject matter?
f. Can the preamble be a valid source of right
g. If it does not contain a preamble does it render the whole act void?
h. Is the preamble an indispensable part of the law? (no)