CASE 2: MANILA PRINCE HOTEL CORPORATION CASE

DOCTRINE: CONSTITUTIONAL SUPREMACY AND SELF-EXECUTING PROVISIONS OF THE

CONSTITUTION
FACTS: GSIS decided to sell Manila Hotel. Manila Prince Hotel and a Malaysian
Corporation participated in the bidding. Malaysian Corporation won but before
declaration of its winning, Manila Prince Hotel matched the bidding price but GSIS
refused to accept it. Manila Prince Hotel now invokes Sec. 10, second par., Art. XII, of
the 1987 Constitution Filipino first policy and submits that the Manila Hotel is a
Filipino corporation. GSIS said that such provision is non-self-executing.

HELD:
1. AS TO CONSTITUTIONAL SUPREMACY. The bidding is void. Under the 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 or
entered into by private persons for private purposes is null and void and without any
force and effect. Thus, since the Constitution is the fundamental, paramount and
supreme law of the nation, it is deemed written in every statute and contract.

2. AS TO SELF-EXECUTING PROVISIONS. Sec. 10, Art. XII is self-executing.

A provision which lays down a general principle, such as those found in Art. II of
the 1987 Constitution, is usually not self-executing. But 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, is self-executing.
Sec 10, second par., Art. XII of the 1987 Constitution is a mandatory,
positive command which is complete in itself and which needs no
further guidelines or implementing laws or rules for its enforcement.
From its very words the provision does not require any legislation to put
it in operation. It is per se judicially enforceable.

CASE 6: TANADA v. ANGARA

DOCTRINE: ART. 2 OF THE 1987 CONSTITUTION IS GENERALLY NON-SELF EXECUTORY

FACTS: Respondents Senator Angara etc signed the World Trade Organization (WTO)
Agreement which opens access to foreign markets, especially its major trading partners,
through the reduction of tariffs on its exports, particularly agricultural and industrial
products. Thus, provides new opportunities for the service sector cost and uncertainty
associated with exporting and more investment in the country. It promotes free market.
The petitioner said the treaty contravenes the provisions of Sec. 19, Article II, and Secs.
10 and 12, Article XII, all of the 1987 Philippine Constitution.
 HELD: THE PETITION IS DISMISSED FOR LACK OF MERIT. Art. 2 of the 1987 Constitution is
the political creed of the nation. These principles in Article II are not intended to be self-
executing principles ready for enforcement through the courts. They are used by the
judiciary as aids or as guides in the exercise of its power of judicial review, and by the
legislature in its enactment of laws. They do not embody judicially enforceable
constitutional rights but guidelines for legislation.

Side note: Constitution adopts the generally accepted principles of international

law as part of the law of the land, and adheres to the policy of peace, equality,
justice, freedom, cooperation and amity, with all nations." By the doctrine of
incorporation, the country is bound by generally accepted principles of
international law, which are considered to be automatically part of our own
laws. One of the oldest and most fundamental rules in international law is pacta
sunt servanda -- international agreements must be performed in good faith. A
treaty engagement is not a mere moral obligation but creates a legally binding
obligation on the parties. A state which has contracted valid international
obligations is bound to make in its legislations such modifications as may be
necessary to ensure the fulfillment of the obligations undertaken.