Research on Statute Law Flashcards
What are statute laws?
The rules and regulations promulgated by competent authorities; enactments of legislative bodies (national or local), executive or presidential issuances, and rules and regulations of administrative and judicial agencies. Its purpose is to regulate the system of order and safety.
How is Statute Law created?
- A representative from the house sponsors an idea known as a bill and it goes to a committee to study it
- That bill is debated among the members of the committee
- If the bill is agreed upon then it moves to the senate also known as the legislature
What is a treaty?
An agreement or a contract between two (bilateral) or more (multilateral) nations or sovereigns, entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries.
Other terms for treaty (3)
- Pact
- Convention
- Charter
What are executive agreements?
Treaties that do not have legislative sanctions that may or may not have legislative authorization and have limited execution by constitutional restrictions. This is because they do not have concurrence (2/3 vote) of the Senate
Are international agreements the same as executive agreements?
No. They are different
How does a treaty or international agreement become valid and effective?
It is not valid unless concurred in by at least two-thirds (2/3) of all members of the Senate (2/3 vote of Senate)
General steps in treaty-making (2)
- Negotiation
- Approval or ratification
Cite Art. VII, Sec. 21 of the 1987 Constitution
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
Powers of the President with regards to treaties and international agreements (2)
- Enter into international treaties or agreements as the national welfare and interest may require and;
- Contract and guarantee foreign loans on behalf of the Republic, subject to such limitations as may be provided by Law
What is the Tripoli Agreement?
The agreement establishes autonomy in the Southern Philippines within the realm of sovereignty and territorial integrity of the Republic of the Philippines. It defines the autonomous territory and delineates the competence of the central and regional governments.
Where to find official texts of Treaties? (4)
- The Official Gazette
- Department of Foreign Affairs Treaty Series (DFATS)
- United Nations Treaty Series (UNTS)
- The University of the Philippines Law Center’s Philippine Treaty Series (PTS)
Two possible sources to find latest treaties (2)
- Department of Foreign Affairs (DFA)
- Senate of the PH
Is there a complete reposity of all treaties entered into by the Philippines?
None
These are the laws enacted during Martial Law (2)
- Presidential Decrees by Pres. Ferdinand Marcos
- Batas Pambansa by Phil. Parliament