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Philippine Bar review · Question

Practice question: Act of State Doctrine

Multiple Choice Hard

Practice question

A claim asks the forum to invalidate a foreign territorial sovereign act. Counsel says his personal belief that the act was unlawful conclusively proves that the doctrine cannot even be considered, without examining the forum’s rule or relief. Which is best?
  1. A claimant’s belief universally overrides every applicable rule
  2. The allegation alone does not replace analysis of the doctrine’s predicates and applicable limitations
  3. The foreign act is automatically a Philippine statute
  4. A private opinion automatically supplies consent to suit
  5. No territorial or governmental inquiry is needed

Legal references

  • PCGG v. Sandiganbayan, G.R. No. 124772, August 14, 2007, main decision: https://lawphil.net/judjuris/juri2007/aug2007/gr_124772_2007.html; main act-of-state discussion.

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