Ruffy Biazon explores tricky rules on cancelling VFA

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How involved should the Senate be when it comes to ending a crucial deal like the Visiting Forces Agreement (VFA)? For Ruffy Biazon, the lawmakers are key.

The Muntinlupa congressman thought out loud on Twitter as he explored various arguments as to whether or not the Senate needs to concur with President Rodrigo Duterte’s move to end the VFA. He drew up some scenarios.

“Senate concurrence for termination/withdrawal from a treaty isn’t explicitly stated. But the shared power theory says that it follows that with concurrence to enter, concurrence to exit is a given, even if not explicitly stated,” he wondered. “But if that is so, my question is how come a President can fire his cabinet secretary without need of consent by legislators which is required by the Constitution when the President appoints them?”

“Further, if the President as the chief architect of foreign policy & implementor if the treaty decides to terminate but the senate doesn’t concur, can the President, who is vested w/ executive power by the Constitution, be compelled to act contrary to his policy direction?,” the politiko added.

What a puzzle!