Practice question
A Philippine representative signs a treaty expressly subject to ratification. The President has not decided to ratify it. Citizens seek mandamus compelling the executive to send it to the Senate solely because it was signed. Under Pimentel, what is the proper response?
- Signature alone does not create the ministerial duty asserted; the President retains ratification discretion
- Mandamus must issue because signature is invariably final ratification
- The House must replace the President in ratifying it
- A foreign signatory may perform the President's domestic function
- The treaty is automatically a Philippine statute upon signature
Legal references
- Pimentel, Jr. v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005, main decision, presidential ratification discretion: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html
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