Philippine Bar review · Question

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

Multiple Choice Medium

Practice question

A litigant demands that a court devise a nationwide employment subsidy, relying only on Article II, Section 9, on a just and dynamic social order. No implementing statute or independently enforceable right is invoked. Which response best fits the distinction between constitutional policies and self-executing rights?
  1. The policy alone fixes the precise subsidy amount.
  2. Every Article II provision is unenforceable in every setting.
  3. The court must enact the subsidy because all aspirations are immediately actionable.
  4. The policy can guide legislation and interpretation but does not by itself supply the requested detailed entitlement.
  5. The policy becomes binding only if an agency voluntarily accepts it.

Legal references

  • 1987 Constitution, Article II Section 9: https://lawphil.net/consti/cons1987.html
  • Tondo Medical Center Employees Association v. Court of Appeals, G.R. No. 167324, July 17, 2007, main decision: https://lawphil.net/judjuris/juri2007/jul2007/gr_167324_2007.html
  • Oposa v. Factoran, G.R. No. 101083, July 30, 1993, main decision: https://lawphil.net/judjuris/juri1993/jul1993/gr_101083_1993.html

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