Case Digest: Saguisag v. Ochoa

ISSUE:  Whether the President may enter into an executive agreement on foreign military bases, troops, or facilities. 

FACTS:  EDCA or Enhanced Defense Cooperation Agreement is an agreement between the Philippines and America wherein it authorizes the U.S. military forces to have access to and conduct activities within certain "Agreed Locations" in the country. After eight rounds of negotiations for two years, the Secretary of National Defense and the U.S. Ambassador to the Philippines signed the agreement on 28 April 2014. President Benigno S. Aquino III ratified EDCA on 6 June 2014. It was not transmitted to the Senate on the executive's understanding that to do so was no longer necessary. Senators file Senate Resolution No. (SR) 105.91. The resolution expresses the "strong sense" of the Senators that for EDCA to become valid and effective, it must first be transmitted to the Senate for deliberation and concurrence 

DECISION:  Dismissed 

RATIO DECIDENDI:  The manner of the President's execution of the law, even if not expressly granted by the law, is justified by necessity and limited only by law, since the President must "take necessary and proper steps to carry into execution the law”. It is the President's prerogative to do whatever is legal and necessary for Philippine defense interests (commander-in-chief powers). EDCA is considered an executive agreement, therefore may be bound through the President without the need of senatorial votes for its execution. The right of the Executive to enter into binding agreements without the necessity of subsequent Congressional approval has been confirmed by long usage