Philippine Bar review · Question

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

Essay Medium Jurisprudence

Practice question

A State agency rejects a claim under a constitutional provision solely because no enabling statute exists. Explain the test for self-execution and identify the textual and substantive matters the court should examine before accepting the agency's objection.

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
  • 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

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