1. Manila Prince Hotel v. GSIS, G.R. No.

122156, February 3, 1997, 267 SCRA 408

Doctrine: Generally, constitutional provisions are self-executing, except when provisions themselves expressly require
legislations to implement them

Facts:
Pursuant to the privatization program of the government, Respondent Government Service Insurance System (GSIS)
decided to sell through public bidding shares of the Manila Hotel. There were two entities who participated in the
bidding: Petitioner Manila Prince Hotel (Prince Hotel), a Filipino corporation, which offered to buy the shares at ₱
41.58 per share, and Renong Berhad, a Malaysian firm, which bid for the shares at ₱ 44.00 per share. Eventually,
Prince Hotel matched the bid price of Renong Berhad at ₱ 44.00 per share. Prince Hotel even sent a manager’s check
to GSIS which the latter refused. Apprehensive about the GSIS’ refusal, Prince Hotel filed a petition for prohibition and
mandamus before the Supreme Court.

Prince Hotel invokes Paragraph 2, Section 10, Article XII of the 1987 Constitution (commonly known as the “Filipino
First Policy”) where it states that in grant of rights, privileges, and concessions covering the national economy and
patrimony, the State shall give preference to qualified Filipinos. In the same vein, Prince Hotel submits that Manila
Hotel has become a part of the national patrimony for its importance in the national Filipino heritage. GSIS maintains
that Par. 2, Sec. 10, Art. XII of the Constitution cannot be invoked because it is not self-executing and would require an
implementing legislation. Granting that the said provision is self-executing, the Manila Hotel cannot be considered a
part of the national patrimony because it only refers to lands of public domain, waters, minerals, etc. Further, granting
that Manila Hotel is part of the national patrimony, GSIS is not selling its land or the building, but its shares of
ownership.

Issue: Whether or not Paragraph 2, Section 10, Article XII of the 1987 Constitution is self-executing

Held:
The Supreme Court held that Paragraph 2, Section 10, Article XII of the 1987 Constitution is self-executing. Hence,
unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate, the presumption
now is that all provisions of the constitution are self-executing. If the constitutional provisions are treated as requiring
legislation instead of self-executing, the legislature would have the power to ignore and practically nullify the mandate
of the fundamental law.