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Philippine Bar review · Question

Practice question: Doctrine of Incorporation and Transformation

Multiple Choice Hard

Practice question

An agency enforces a new prohibition solely because most members of an international organization supported a recommendation. No Philippine law adopted it, no relevant treaty mechanism is established, and no practice accepted as law is shown. Which is best?
  1. Institutional support completes transformation automatically
  2. Every recommendation is custom
  3. Neither transformation nor the asserted customary incorporation is established on these facts
  4. The agency may legislate any missing prohibition
  5. No international rule can ever be received

Legal references

  • Pharmaceutical, GR 173034, October 9, 2007: https://lawphil.net/judjuris/juri2007/oct2007/gr_173034_2007.html

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