Philippine Bar review · Question

Practice question: In General

Multiple Choice Medium

Practice question

A senator attends a private overseas conference without executive authorization and announces that she has signed a treaty binding the Philippines. She claims senatorial office alone gives her the President's negotiating and representative authority. Which is best?
  1. Every legislator independently binds the State abroad
  2. Any private conference automatically becomes a diplomatic mission
  3. The Senate's concurrence power makes each senator a national treaty negotiator
  4. Senatorial office alone does not supply the asserted executive authority to bind the State
  5. A foreign organizer may appoint the Philippine representative

Legal references

  • 1987 Constitution, Article VII, Sections 1, 16 and 21; Article VIII, Section 1: https://lawphil.net/consti/cons1987.html
  • Pimentel v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html

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