Treaty Vs Executive Agreements

In the Philippines, the distinctions between treaties and executive agreements are somewhat similar to those in the United States. Here are the key points:
- Treaties:
- Require Senate concurrence with at least two-thirds of the members.
- Generally involve more significant, formal agreements between countries.
- Have the same legal standing as a law passed by Congress.
- Executive Agreements:
- Do not require Senate approval.
- Typically used for more routine or minor agreements.
- Can be executed by the President alone under their executive powers.
Do you have any specific questions about how these apply in the Philippines?

Section * of Article VII of the * Philippine Constitution, as amended in *, deals with the power of the President to enter into treaties and international agreements. Here are the key points:
- Treaties require the concurrence of at least two-thirds of all members of the Batasang Pambansa (National Assembly).
- Executive Agreements do not need such concurrence and can be entered into solely by the President.
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Case Rating: *.
A plebiscite is a direct vote by the electorate on a specific proposal, often a change to the constitution or a significant public policy. In legal terms, a plebiscite case involves the legalities surrounding the conduct, validity, and implications of such a vote.
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A constitutional change typically requires a plebiscite, where citizens vote directly on the proposed amendments. This ensures public participation in the constitutional amendment process.
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A "political question" refers to issues that the courts deem inappropriate for judicial review because they are more properly addressed by the other branches of government (executive or legislative).
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"Justiciable" means that a matter is appropriate for court review. It refers to issues that are within the jurisdiction of the courts to adjudicate, as opposed to political questions, which are outside judicial review.
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In legal terms, a "vacuum" refers to a situation where there is an absence of context or a specific case or controversy for the court to decide upon. Judicial power requires a concrete issue or dispute to address.
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Certiorari is a legal term that refers to a type of writ seeking judicial review. It is often used to request a higher court to review the decision of a lower court. In the Philippines, certiorari is governed by Rule * of the Rules of Court.
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Judicial power in the Philippines is the authority vested in courts to interpret laws, adjudicate legal disputes, and ensure that laws are applied correctly. Key points include:
- Judicial power is vested in the Supreme Court and lower courts.
- The courts have the authority to determine the constitutionality of legislative and executive actions.
- Judicial power includes the power of judicial review.
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Adjudication refers to the legal process of resolving a dispute or deciding a case. It involves a judge or a judicial body making a formal judgment or decision after considering the evidence and arguments presented by the parties involved.
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Judicial or quasi-judicial functions under Rule * require the exercise of legal adjudicative power. This means that a tribunal, board, or officer must have the authority to interpret laws, evaluate evidence, and make binding decisions based on legal principles.
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