Photo from Unsplash | Rock Staar
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.
Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Filipino-Chinese Friendship Day is celebrated on the 9th of June of every year. It is a day designated to celebrate the cordial friendship between the Philippines and China.
Proclamation No. 148, series of 2002 declares the 9th of June of every year a Filipino-Chinese Friendship Day. It provides that the continuing friendship between the peoples of the Philippines and China will enhance the mutually beneficial relations especially in the fields of socio-cultural, economic, and educational cooperation between the two countries and also contribute to the peace and harmony in the Asia Pacific region.
The Filipino-Chinese Friendship Day coincides with the celebration of the establishment of formal diplomatic relations between the Philippines and China.
The Proclamation states:
“NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare June 9 of every year, as Filipino-Chinese Friendship Day, coinciding with the celebration of the establishment of formal diplomatic relations between the Philippines and China.”
Foreign Affairs Power of the President
The President is the guardian of the Philippine archipelago, including all the islands and waters embraced therein and all other territories over which it has sovereignty or jurisdiction. By constitutional fiat and the intrinsic nature of his office, the President is also the sole organ and authority in the external affairs of the country.
The Supreme Court, in the case of Atty. Romero Esmero v. Pres. Rodrigo Duterte (G.R. No. 256288, June 29, 2021) enlightens us on the foreign affairs power of the President, thus:
“As the sole organ of our foreign relations and the constitutionally assigned chief architect of our foreign policy, the President is vested with the exclusive power to conduct and manage the country’s interface with other states and governments. Being the principal representative of the Philippines, the Chief Executive speaks and listens for the nation; initiates, maintains, and develops diplomatic relations with other states and governments; negotiates and enters into international agreements; promotes trade, investments, tourism and other economic relations; and settles international disputes with other states.
This rule does not imply, though, that the President is given carte blanche to exercise this discretion. Although the Chief Executive wields the exclusive authority to conduct our foreign relations, this power must still be exercised within the context and the parameters set by the Constitution, as well as by existing domestic and international laws.”
As ruled in the above-cited case, the following is the list of constitutional restrictions to the President’s foreign affairs powers:
- The policy of freedom from nuclear weapons within Philippine territory;
- The fixing of tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts, which must be pursuant to the authority granted by Congress;
- The grant of any tax exemption, which must be pursuant to a law concurred in by a majority of all the Members of Congress;
- The contracting or guaranteeing, on behalf of the Philippines, of foreign loans that must be previously concurred in by the Monetary Board;
- The authorization of the presence of foreign military bases, troops, or facilities in the country must be in the form of a treaty duly concurred in by the Senate; and
- For agreements that do not tall under paragraph 5, the concurrence of the Senate is required, should the form of the government chosen be a treaty.
In addition to treaty-making, the President also has the power to appoint ambassadors, other public ministers, and consuls: receive ambassadors and other public ministers duly accredited to the Philippines; and deport aliens.
Read also: National Migrant Workers’ Day
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
All rights reserved.