BY THE PRESIDENT OF THE PHILIPPINES
ADMINISTRATIVE ORDER NO. 145
DIRECTING STRICT ADHERENCE TO THE PROVISIONS OF EXECUTIVE ORDER NO. 18, SERIES OF 1946, REGARDING THE NEGOTIATION OF TREATIES, CONVENTIONS, AND OTHER AGREEMENTS OF SIMILAR FORCE
WHEREAS, Section 2 of Commonwealth Act 73, entitled “An Act to Create the Department of Foreign Affairs and to Authorize the President of the Philippines to Organize said Department as well as the Foreign Service of the Philippines,” provides that:
“The Department of Foreign Affairs shall have responsibility for the coordination and execution of the Republic of the Philippines and the conduct of its foreign relations and shall perform such other functions as may be assigned to it by law or by the President relating to the conduct of foreign relations of the Republic of the Philippines”;
WHEREAS, in implementation of the provisions of said law, Executive Order No. 18, was issued on September 16, 1946, providing in part as follows:
“(1) The Department of Foreign Affairs shall have the responsibility for the coordination and execution of the foreign policies of the Republic of the Philippines and the conduct of its foreign relations and shall perform such other functions as may be assigned to it by law or by the President relating to the conduct of the foreign relations of the Republic of the Philippines.
“(2) The Secretary of Foreign Affairs shall be responsible to the President for formulating and carrying into effect the foreign policy of the Republic of the Philippines; for the conduct of its foreign relations; for the negotiation of treaties, conventions, and and other agreements of similar force;
WHEREAS, it has been observed that the provisions of Executive Order No. 18 quoted above have not been closely adhered to, and that some treaties and agreements have been concluded between the Philippines and other countries or international organizations without notification to, consultation with, or the participation of, the Department of Foreign Affairs; and
WHEREAS, subject to the approval, supervision and control of the President, the negotiation of treaties, conventions and other international agreements of similar force should always be conducted and coordinated by the Secretary of Foreign Affairs;
NOW, THEREFORE, I, DIOSDADO MACAPAGAL, President of the Philippines, by virtue of the powers vested in me by law, do hereby direct every department, bureau, office, dependency or agency of the Government—
(1) To adhere strictly to the provisions of Executive Order No. 18 dated September 16, 1946;
(2) To notify, consult with and obtain the participation of the Department of Foreign Affairs in negotiations relative to the conclusion of a treaty or any international agreement with a foreign state or an international organization;
(3) To submit all proposed treaties, agreements or conventions to the Secretary of Foreign Affairs, who has the responsibility of forwarding the same with his comments and recommendations to the President for consideration; and
(4) To transmit the original signed copies of all treaties, agreements and conventions which are now or might hereafter be in the custody of any other department, bureau, office, dependency or agency of the Government to the Department of Foreign Affairs for further action and for safekeeping as the official repository of the Philippines for instruments of this nature.
Done in the City of Manila, this 12th day of November, in the year of Our Lard, nineteen hundred and sixty-five.
(Sgd.) DIOSDADO MACAPAGAL
President of the Philippines
By the President:
(Sgd.) SALVADOR L. MARIÑO
Acting Executive Secretary
Source: Malacañang Records Office
Office of the President of the Philippines. (1965). [Administrative Order Nos. : 1 – 191]. Manila : Malacañang Records Office.