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During President S’s term, the Republic entered into a foreign loan of USD 140 million with Bank Neptune to fund a nationwide high-speed rail project. The loan agreement and a separate irrevocable government guarantee were signed by the President in his official capacity. There was no Senate concurrence and no enabling law authorizing the loan. The funds were disbursed and Bank Neptune now seeks payment. The Office of the Solicitor General argues that the loan and guarantee are void for want of constitutional authority; Bank Neptune contends that the Republic is bound and liable for repayment. Answer the following:
(a) Identify the controlling doctrine governing contracting or guaranteeing foreign loans and whether Senate concurrence or enabling law is required.
(b) Apply the doctrine to these facts: is the loan contract and the guarantee binding on the Republic? Can Bank Neptune enforce payment against the Republic?
(c) If, after the fact, the Senate passes a concurrent resolution concurring in the loan or a law authorizing it, what is the effect on the existing contract and guarantee?