Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
An executive agreement on data-privacy cooperation between the Philippines and Country D is concluded by the President without advice and consent of the Senate and without any implementing statute. The agreement states that it shall have the force of Philippine law and shall prevail over any domestic law within its subject matter, and it contemplates implementation by a Department Order. A data subject challenges the agreement as not domestically binding. (a) Identify the controlling doctrine on whether executive agreements bind Philippine law and when they have direct domestic effect. (b) Distinguish the rule for treaties versus executive agreements and the implications for domestic enforceability. (c) If a Philippine statute on data privacy conflicts with the executive agreement, which prevails and why?