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Philippine Bar review · Question

Practice question: Act of State Doctrine

Multiple Choice Hard

Practice question

Officeco asks a Philippine court to require PCGG and OSG to advise Swiss authorities that continued freezing of its account is unwarranted. Swiss authorities retain their own power to decide whether to release it. The government invokes act of state solely because the account was frozen by Swiss officials. Which answer follows PCGG v. Sandiganbayan?
  1. Dismiss automatically because the money is abroad
  2. Treat the Swiss freeze as already annulled
  3. Reject the automatic bar because the requested domestic review does not itself adjudge the Swiss freeze invalid or compel Swiss officials
  4. Assume Swiss officials have submitted to Philippine jurisdiction
  5. Hold that every foreign freeze is a private act

Legal references

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

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