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Mindanao university ordered to close law programs

  The Legal Education Board (LEB) has ordered the Mindanao State University to close its law programs in all its campuses starting academic year 2025-2026 after it approved a resolution canceling MSU’s accreditation. The order stemmed from MSU’s refusal to recognize LEB’s supervisory authority and for asserting that it is not bound by the board’s orders, policies and guidelines on legal education. “The MSU is no longer authorized to offer the basic law program in the country,”  the LEB said. The board made permanent the cease and desist order it issued against MSU’s extension law programs on its campuses in Tawi-Tawi, Sulu and Maguindanao. It expressed concern over what it described as MSU’s “dismal” performance in the Bar examinations, noting the school’s passing rate since 2013 has been below the national passing percentage. Reacting to the LEB’s resolution, the MSU said it would continue to operate in accordance with its chapter passed by Congress in 1955. “The LEB cannot act no

S.A 2020/21 B.E POLITICAL LAW | Question #11

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A Senator filed a petition for mandamus to compel a newly elected President to sign, approve, and transmit to the Senate for its ratification of the treaty creating the International Criminal Court.

Should this petition prosper? Explain briefly.


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SUGGESTED ANSWER:


No, the petition will not prosper. In the area of foreign relations, the discretion of the Executive is at its maximum. It cannot be controlled by the courts through a writ of mandamus, which seeks to compel the President to act one way or another. 

Under the Constitution, executive power is vested in the President, and the signing of treaties is a field of foreign affairs wherein the President is supported by the strongest presumptions of exclusivity.

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Code: S.A 2020/21 B.E POLITICAL LAW | Question #11 


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