Log In Create Account

Philippine Bar review · Question

Practice question: Doctrine of Incorporation and Transformation

Multiple Choice Medium

Practice question

A rule is independently established as a generally accepted principle and is also written in a multilateral convention. An opponent says the treaty form alone prevents incorporation. What follows from Kuroda?
  1. Its separate generally accepted character is not lost merely because it appears in a convention
  2. Every codified principle ceases to exist
  3. Only uncodified rules can ever be incorporated
  4. The entire convention automatically applies without further inquiry
  5. Codification repeals the Constitution

Legal references

  • 1987 Constitution, ArticleII Section2 and ArticleVII Section21: https://lawphil.net/consti/cons1987.html
  • Pimentel v. Office of the Executive Secretary, GR158088, July6 2005, main opinion: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html
  • Kuroda v. Jalandoni, GRL-2662, March26 1949, main opinion: https://lawphil.net/judjuris/juri1949/mar1949/gr_l-2662_1949.html

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