Importance Of Ratification In The Philippines

RATIFICATION Ratification is a formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives. The main sole purpose of ratification is enabling contracting parties to scrutinize the treaty and assess it carefully and more importantly to have an opportunity to decline it if by chance they find it inimical to their interest. Ratifications are generally held to an executive act, which is supervised by the head of the state of the government, as the case may be, through which formal acceptance of the treaty is proclaimed. A state may have the capability to provide the legislative body the power to process such ratification of a treaty. The approval of the state to be legally bound to a treaty is always

The only power or role of the Senate is to withholding its consent, or concurrence, to the ratification. The senate does not ratify a treaty it only concurs in the President’s ratification of a treaty

PROCEDURE OF RATIFICATION

1. RATIFICATION BY THE PRESIDENT After the signing of an agreement, the Department of Foreign Affairs geographic office will convey to the Office of the Legal Affairs the certified copy or original copy of the agreement. When transmitting the agreement, it must be accompanied by the following documents in line with the DFA Department Order No. 21-99 dated on August 25 1999:

a. Certificates of concurrence of the agencies that participated in the inter-agency consultations and the negotiations; and

b. A summary of the benefits that will accrue to the Philippines once the agreement enters into force.

Afterwards Office of the Legal Affairs will prepare the draft memorandum for the Chief executive i.e. the President, and the signature of the Secretary of Foreign Affairs, that will act as a recommendation to the ratification of the aforementioned agreement. However, if the agreement itself requires the concurrence of the senate, a draft letter-endorsement from the President to the Senate President is

The role of the Senate, however, is limited only to giving or withholding its consent, or concurrence to the ratification. Hence, it is within the authority of the President to refuse to submit a treaty to the Senate or, having secured its consent for its ratification, refuse to ratify it. Although the refusal of a state to ratify a treaty which has been signed in its behalf is a serious step that should not be taken lightly, such decision is within the competence of the President alone, which cannot be encroached by this Court via a writ of