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Intellectual Property vs. Hon. Ochoa etc. [SEPARATE CONCURRING OPINION, BRION, J]

INTELLECTUAL PROPERTY ASSOCIATION OF THE PHILIPPINES, PETITIONER, VS. HON. PAQUITO OCHOA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, HON. ALBERT DEL ROSARIO, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF FOREIGN AFFAIRS, AND HON. RICARDO BLANCAFLOR, IN HIS CAPACITY AS THE DIRECTOR GENERAL OF THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES, RESPONDENTS.

G.R. No. 204605 | 2016-07-19

SEPARATE CONCURRING OPINION

BRION, J,:

I write this Separate Opinion to emphasize my reasons for concurring with the ponencia's conclusion that the Philippines' accession to the Madrid Protocol through an Executive Agreement is not unconstitutional,

I believe that the time has come for this Court to definitively set concrete parameters regarding the treatment of an international agreement as a treaty or as an executive agreement. To date, we have been using the discussion on what constitutes an "executive agreement" as discussed in the case Commissioner of Customs v, Eastern Trading,[1] a ...