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?
- Concurrence gives the Senate exclusive executive ratification power.
- The Senate’s role is concurrence, and obtaining it does not by itself compel the President to complete ratification.
- Every treaty must be ratified by the House Speaker instead.
- The concurrence automatically amends all inconsistent constitutional provisions.
- 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
Answer this question in flashcards to review your response and continue practicing.