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Philippine Bar review · Question

Practice question: Doctrine of Incorporation and Transformation

Multiple Choice Hard

Practice question

In circumstances matching Pimentel, petitioners seek mandamus compelling executive transmission of a signed, unratified treaty despite the President’s unresolved decision whether to ratify. They call the step purely ministerial because a representative signed. Which answer best states the main holding?
  1. The asserted ministerial duty was rejected; signature did not remove presidential ratification discretion
  2. Mandamus always compels ratification of every signed treaty
  3. The Senate automatically ratifies upon hearing of a signature
  4. A private advocate may ratify for the country
  5. The Court held all treaties unconstitutional

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

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