2013 (Political Law) Bar Exam Questions: Multiple Choice Question 14

[Answer/discuss the question below. Or see Political Law Instructions; Political Law Essay Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12; Political Law Multiple Choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 1315, 16, 17, 18, 19 and 20. See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]

XIV. The President entered into an executive agreement with Vietnam for the supply to the Philippines of animal feeds not to exceed 40,000 tons in any one year. The Association of Animal Feed Sellers of the Philippines questioned the executive agreement for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian countries.

Is the challenge correct? (1%)

(A) Yes, the executive agreement is contrary to an existing domestic law.

(B) No, the President is solely in charge of foreign relations and all his actions in this role form part of the law of the land.

(C) No, international agreements are sui generis and stand independently of our domestic laws.

(D) Yes, the executive agreement is actually a treaty which does not take effect without ratificaiton by the Senate.

(E) Yes, the challenge is correct because there is no law employering the President to undertake the importation.

7 comments

  1. A.

    Being a mere executive agreement that is indisputably inferior to municipal law, the Agreement cannot prevail over a prior or subsequent municipal law inconsistent with it. (Bayan Muna vs Romulo, 2011)

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