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?
- The foreign character is irrelevant in every case
- The act of state doctrine is potentially implicated, and its applicability must be assessed rather than assumed to be an absolute rule
- The claimant automatically wins because foreign decrees have no legal existence
- The foreign State must first be named as a defendant before the doctrine can ever matter
- 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.