BR. BERNAS. I therefore believe that it is not for this Commission to judge the validity or invalidity of the existing agreement. “In addition, the U.S. Supreme Court has explicitly recognized the validity and constitutionality of executive contracts concluded without the consent of the Senate. (39 Columbia Law Review, 753-754) (see also U.S. vs. Curtis Wright Export Corporation, 299 U.S. 304, 81 L ed. 255; U.S. vs. Belmont, 301 U.S.
324, 81 L ed. 1134; U.S. vs. U.S. Pink, 315 U.S. 203, 86 L ed. 796; Ozanic vs. U.S. 188 F. 2d.
288; Yale Law Journal, Vol. 15 p. 1905-1906; California Law Review, 25, 670-675; Hyde on International Law [revised edition], Vol. willoughby on the U.S. Constitution Law, Vol. I [2d ed.], 537-540; Moore, International Law Digest, Vol. V, 210-218; Hackworth, International Law Digest, Vol. V, 390-407).
(Italics Supplied) ” (Italics Supplied) “1. Aircraft operated by or for the United States Armed Forces may, with authorization from the Philippine government, enter the Philippines under the procedures set out in the rules of application. One of President Macapagal-Arroyo`s immediate priorities is the peaceful resolution of the ongoing conflict in Mindanao. It has taken steps to restore the framework that led, in 1996, to the Philippine government`s peace agreement with the Moro National Liberation Front (MNLF). It declared the suspension of military operations against a branch of the MNLF, the Moro Islamic Liberation Front (MILF), and proposed the resumption of peace talks. At the same time, his government announced that it would accelerate economic development efforts in Mindanao, whose Muslim-majority provinces are the poorest in the Philippines. One of the priorities of this controversy is the definition of the provision of the Constitution for the exercise by the Senate of the constitutional power to anchor itself with the VFA. The petitioners argue that Section 25, Article XVIII is applicable when one considers that the VFA has the presence of foreign military personnel in the Philippines. On the other hand, the respondent in the Eube, unless, according to J.C., under section 21, Section VII, applies to the extent that the VFA is not a basic agreement, but an agreement that includes only temporary visits by United States personnel participating in joint military exercises.