REPRESENTATIVES GERARDO S. ESPINA, ET. AL. v.

HON. RONALDO ZAMORA JR. ET. AL.

G.R. No. 143855 | September 21, 2010

FACTS:
RA 8762 (Retail Trade Liberalization Act of 2000) allows natural-born Filipino citizens, who had lost their citizenship
& now reside in the PH, to engage in the retail trade business with the same rights as Filipino citizens. This law
repealed RA 1180, which absolutely prohibited foreign nationals from engaging in the said business.

Petitioners argued that it runs afoul of Sections 9, 19, and 20 of Article II of the Constitution which enjoins the
State to place the national economy under the control of Filipinos to achieve equal distribution of opportunities,
promote industrialization and full employment, and protect Filipino enterprise against unfair competition and trade
policies.

RULING RELATED TO THE TOPIC:

Petition is dismissed. The provisions of Article II of the Constitution are not self-executing, and legislative failure to
pursue such policies cannot give rise to a cause of action in the courts.

Moreover, while the Constitution requires the development of a self-reliant and independent national economy
effectively controlled by Filipino entrepreneurs, it does not impose a policy of Filipino monopoly of the economic
environment.

DOCTRINE:
While the Constitution mandates a bias in favor of Filipino goods, services, labor and enterprises, it also recognizes
the need for business exchange with the rest of the world on the bases of equality and reciprocity, and limits
protection of Filipino enterprises only against foreign competition and trade practices that are unfair.