Log In Create Account

Philippine Bar review · Question

Practice question: Power to Concur in Treaties or International Agreements

Multiple Choice Hard

Practice question

An authorized Philippine representative signs a proposed treaty expressly subject to later ratification. The President has not ratified it or chosen to submit it for Senate concurrence. A petitioner seeks mandamus, arguing that the signature alone makes transmission and ratification purely ministerial. No other specific legal duty is identified. Under Pimentel, which is best?
  1. The representative's signature irrevocably completes Philippine ratification
  2. The Senate may automatically ratify for the President without submission
  3. Signature and ratification are distinct, and the asserted ministerial duty does not follow merely from signature
  4. Mandamus must issue whenever a proposed treaty is popular
  5. A Senate committee can supply the President's unperformed act

Legal references

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

Answer this question in flashcards to review your response and continue practicing.