I N D E PE N D E N T N ATI O N AL E CO N O M Y AN D C O N S TI TUTI O N AL I TY OF RA 8762:

E SP I N A V S . B A UT I S T A
(GR N O . 143855 S EP T E M B ER 21, 2010)

Facts: RA 8762 is being assailed as in breach of the constitutional mandate for the
development of a self-reliant and independent national economy effectively controlled by
Filipinos, for allowing foreign nationals in engaging in the retail trade business in the
country. R.A. 8762 also allows natural-born Filipino citizens, who had lost their citizenship
and now reside in the Philippines, to engage in the retail trade business with the same
rights as Filipino citizens.

Issue: Is RA 8762, aka Retail Trade Liberalization Act of 2000, in breach of the
constitutional mandate for the development of a self-reliant and independent national
economy controlled by Filipinos?

Ruling: No. RA 8762 is not in breach of the constitution, especially relative to a self-reliant
and independent national economy controlled by Filipinos, as the constitution in Sec. 19,
Article 2, only provides for the development of a self-reliant and independent national
economy but does not impose a policy of Filipino monopoly. The aim of the provision in the
Constitution is to prohibit foreign powers or interest from manipulating the economic
policies and ensure that Filipinos are given preference.