Philippine Bar review · Question

Practice question: In General

Multiple Choice Medium Jurisprudence

Practice question

The Senate gives the constitutionally required concurrence to a proposed treaty. An adviser says that Senate action itself transfers the President’s ratification discretion to the Senate and compels the President to ratify. Under Pimentel, which answer is best?
  1. Concurrence gives the Senate exclusive executive ratification power.
  2. The Senate’s role is concurrence, and obtaining it does not by itself compel the President to complete ratification.
  3. Every treaty must be ratified by the House Speaker instead.
  4. The concurrence automatically amends all inconsistent constitutional provisions.
  5. The Senate can issue all diplomatic credentials by that vote alone.

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
  • 1987 Constitution, Article VII, Sections 1, 16 and 21: https://lawphil.net/consti/cons1987.html

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