Political Law: Manila Prince Hotel vs. GSIS [G.R. No. 122156, February 3, 1997]

POLITICAL LAW

Manila Prince Hotel vs. GSIS

[G.R. No. 122156, February 3, 1997]
(case digest/notes)

Whether or not Sec. 10 Par. 2 Article 12 of the Constitution is a non-executing provision on the ground that it requires a law for its implementation?

Principles/Held

Doctrine of Constitutional Supremacy - if a law or contract violates any norm of the constitution, that law or contract whether promulgated by the legislative or by the executive branch entered into by the private purposes is void.

It is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered.

A provision which lays down a general principle such as those found in Article II of the 1987 Philippine Constitution is usually not self-executing.

Self-Executing - a provision which is complete in itself and becomes operative without the aid of supplementary or enabling legislation, or that which supplies sufficient rule by means of which the right it grants may be enjoyed or protected.

If the constitutional provisions are treated as requiring legislation instead of self-executing, the legislature would have power to ignore and practically nullify the mandate of the fundamental law.

This can be cataclysmic.

In self-executing constitutional provisions, the legislature may still enact legislation to facilitate the exercise of powers directly granted by the constitution, further the operation of the rights secured.

The rule is that, a self-executing provision does not necessarily exhaust legislative power on the subject, but any legislation must be in harmony with the Constitution, further the exercise of constitutional right.

Sec.10 Par.2 Art. 12, is a provision complete in itself and needs no further guidelines or implementing laws or rules for its enforcement.

When our Constitution mandates that in the grant of rights privileges and concessions covering national economy and patrimony, the state shall give preference to qualified Filipinos--qualified Filipinos shall be preferred.

"Qualified Filipinos" includes corporations at least 60% of which is Filipino owned. This means that preference shall be given to those citizens who can make a viable contribution to the common good, because of credible competence and efficiency.

National Patrimony refers not only to natural resources of the Philippines but also cultural heritage.

Manila Hotel has become a living testimonial of Philippine Heritage, it is dubbed as the Official Guest House of the Philippine Government. Its existence is impressed with public interest.