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Philippine Bar review · Question

Practice question: In General

Multiple Choice Hard Jurisprudence

Practice question

A court is asked through mandamus to compel the President to ratify an instrument subject to ratification solely because a policy group considers it diplomatically beneficial. The group identifies no ministerial legal duty requiring the choice. The Senate has expressed support, but the President has not chosen to ratify. Under Pimentel, what is the strongest response?
  1. The court must choose whichever diplomatic policy it prefers.
  2. Policy advocacy automatically creates a ministerial ratification duty.
  3. Senate support eliminates every executive role.
  4. Mandamus cannot simply replace the President’s ratification discretion with the group’s policy preference.
  5. All foreign-relations acts are immune from every constitutional limit.

Legal references

  • Pimentel v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005, main decision: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html

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