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GSIS
G.R. No. 122156
FACTS:
Manila Prince Hotel (MPH) filed a petition before the Supreme Court to compel
the respondent to allow it to match Renong Barhads bid, invoking the Filipino First
Policy enshrined in Section 10, paragraph 2, Article XII of the 1987 Constitution,
which states: in the grant of rights, privileges, and concessions covering the national
economy and patrimony, the State shall give preference to qualified Filipinos.
ISSUE/S:
HELD:
YES. 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 rights it grants may be enjoyed or protected, is self-executing.
Thus a constitutional provision is self-executing if the nature and extent of the right
conferred and the liability imposed are fixed by the constitution itself, so that they can
be determined by an examination and construction of its terms, and there is no
language indicating that the subject is referred to the legislature for action.
It is evident that the act of respondent GSIS in selling 51% of its share in
respondent MHC comes under the second and third categories of state action. In
this case the subject constitutional injunction is addressed among others to the
Executive Department and respondent GSIS, a government instrumentality deriving
its authority from the State.