Philippine Bar review · Question

Practice question: Self-executing and Non-self-executing Provisions

Multiple Choice Medium Jurisprudence

Practice question

A claimant argues that every paragraph in Article XII, Section 10 must be non-self-executing because the first paragraph contemplates congressional measures. Under Manila Prince, what should the court do?
  1. Examine the particular paragraph; the Filipino preference command in the second paragraph does not require legislation merely because another paragraph does.
  2. Reject all of Article XII as unenforceable.
  3. Require a constitutional amendment before reading paragraph two.
  4. Treat all paragraphs as administrative rules.
  5. Use the location of the paragraph as the sole test.

Legal references

  • Manila Prince Hotel v. GSIS, G.R. No. 122156, February 3, 1997, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/34508

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