Log In Create Account

Philippine Bar review · Question

Practice question: Act of State Doctrine

Multiple Choice Hard

Practice question

A claimant asks a Philippine court to declare a foreign government’s official decree, issued and implemented entirely within that government’s territory, invalid as the necessary premise for relief. What is the sound initial analysis?
  1. The foreign character is irrelevant in every case
  2. The act of state doctrine is potentially implicated, and its applicability must be assessed rather than assumed to be an absolute rule
  3. The claimant automatically wins because foreign decrees have no legal existence
  4. The foreign State must first be named as a defendant before the doctrine can ever matter
  5. International law invariably commands dismissal of every dispute with a foreign decree

Legal references

  • https://lawphil.net/judjuris/juri2007/aug2007/gr_124772_2007.html — PCGG v. Sandiganbayan, G.R. No. 124772, August 14, 2007, main opinion

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